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Samsung bada Server: Terms and Conditions
1. Agreement between Samsung and the User
  1.1 In this document:
    (a) "We", "us", or "Samsung" means Samsung Electronics Co., Ltd, whose principal place of business is at 416, Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea; and 
    (b) "User" means a user of Samsung’s productions, application, software, services, websites and other related services provided by us or any third party designated by us (collectively (and excluding any services provided to such user by us under a separate written agreement) the "Services").
  1.2 The User’s use of the Services is subject to the terms and conditions set out below and any other terms and conditions applicable to the User from time to time, including but not limited to, Samsung’s privacy policy and all other documents referred to in this document (all such terms and conditions collectively constituting the "Agreement").
  1.3 The User should read the Agreement carefully. The Agreement is a legally binding agreement between Samsung and the User in relation to the Services and the User’s  use of the Services.
2. Acceptance of Agreement
  2.1 The User must accept the terms of the Agreement in order to use the Services, and may not use the Services otherwise.  It is important for the User to read and understand the terms of the Agreement before accepting them.  The User should not click accept if there is any term that the User does not understand or agree to.  Once the User accept the terms of the Agreement, he or she will be bound by them.
  2.2 Subject to Clause 2.3, either of the following actions by the User will constitute acceptance the terms of the Agreement by the User:
    (a) clicking to accept or agree to the Agreement via the user interface for the Services; or 
    (b) actually using the Services. 
  2.3 Any purported acceptance of the terms of the Agreement by any of the following persons will not be valid, and such persons may not use the Services: (a) any person who is not of legal age to form a binding contract with Samsung, or (b) any person who is barred from receiving the Services, in each case, under the laws of any country.
3. Translation of the Agreement
The User acknowledges and agrees that any translation of the English language version of the Agreement provided by Samsung to the User is provided for the User’s convenience only, and that the English language version of the Agreement will take precedence over the translation in the event of any contradiction between them.
4. The Services 
  4.1 The Services are provided to the User by Samsung and in some cases, by Samsung’s subsidiaries and affiliated legal entities worldwide (together, the "Samsung Affiliates") on behalf of Samsung. The User acknowledges and agrees that the Samsung Affiliates are each entitled to provide the Services to the User under the Agreement.
  4.2 The User acknowledges and agrees that the form and nature of the Services provided may change from time to time without prior notice to the User.
  4.3 The User acknowledges and agrees that Samsung may (in its sole discretion) suspend or cease providing the Services (or any part of the Services) to a specific User or all Users without prior notice to the User.  
  4.4 The User acknowledges and agrees that Samsung may disable the User’s access to the User’s account for the Services, in which case, the User may be prevented from accessing the Services, the User’s account details and any files or other content contained in the User’s account. 
  4.5 The User acknowledges and agrees that Samsung may, at any time and in its sole discretion, set a limit on the number of transmissions the User 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 them).  Without limiting Samsung’s rights under Clause 4.3 and Clause 4.4, Samsung may suspend the User’s access to the Services if the User exceeds any such limit set from time to time.
  4.6 The User may stop using the Services at any time without prior notice to Samsung.
5. Using the Services 
  5.1 The User agrees to use the Services for personal and non-commercial purposes only and subject to those purposes being permitted by (a) the Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  5.2 The User must not access (or attempt to access) any of the Services other than through the interface for the Services made available by Samsung.  Without limiting the foregoing, the User must not access (or attempt to access) any of the Services through any automated means (including scripts or web crawlers).
  5.3 The User must comply with all instructions made available to the User in connection with the Services.
  5.4 The Samsung bada Server may automatically download and install updates from time to time from Samsung. Such updates may be in various forms, including bug fixes, enhanced functions, new software modules and completely new versions. The User agrees to receive such updates (and permits Samsung to deliver such updates to the User) as part of the Services.
  5.5 The User must not engage in any activity that causes interference with or disruption to the Services or any servers or networks that are connected to the Services.
  5.6 The User must not reproduce, duplicate, copy, sell, trade or resell the Services (or any part of them).
  5.7 The User is solely responsible for  any breach of the User’s obligations under the Agreement and for the consequences of any such breach, including any loss or damage which Samsung or any third party may suffer.  Samsung will have no responsibility to the User or to any third party in respect of such breach.
6. Passwords and account security
  6.1 The User is responsible for maintaining the confidentiality of the User’s passwords for all accounts used by the User to access the Services.  The User acknowledges and agrees that the User is solely responsible to Samsung for all activities that occur under all such accounts.
  6.2 The User must notify Samsung by email to contact.bada@samsung.com immediately upon becoming aware of any unauthorized use of any of the User’s passwords or accounts.
7. Registration Data 
  7.1 The User may be required to provide information about himself or herself in order to access the Services (for example, when registering to use the Service or any part of them), or in the course of using the Services.  
  7.2 The User agrees to provide accurate, current, and complete information required to register to use the Services and at other points as may be required in the course of using the Services ("Registration Data"). The User further agrees to maintain and update the User’s Registration Data as required to keep it accurate, current, and complete. Samsung may terminate the User’s rights to any or all of the Services if any information provided by the User is false, inaccurate or incomplete.
  7.3 The User agrees to the use of the User’s Registration Data in accordance with Samsung’s privacy policy.  Samsung’s privacy policy sets out Samsung’s data protection practices and describes how Samsung will treat the Registration Data and will protect the User’s privacy when using the Services.
  7.4 Where Samsung needs to disclose information about the User to a third party, Samsung will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party does not use information about the User for any purpose other than purposes that we specify and in accordance with the purposes outlined in the Agreement, and will keep it secure.
8. Content rights
  8.1 The User acknowledges that all content that is accessible as part of or via the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is the sole responsibility of the originator of such Content.  Such Content may include content in the form of advertisements or other sponsored Content.
  8.2 The User acknowledges and agrees that the Content may be protected by proprietary or intellectual property rights of third parties (such as advertisers and sponsors or their agents who provide such Content to Samsung). The User must not modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part).
  8.3 Samsung may (but is not obliged to) pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services. 
  8.4 The User acknowledges that he or she uses the Services understanding the risk that he or she may find some Content to be offensive, indecent or objectionable.  
9. Samsung’s proprietary rights
  9.1 The User acknowledges and agrees that Samsung (or Samsung’s licensors) owns all legal right, title and interest in and to the Services, including all intellectual property rights (existing anywhere in the world and whether registered or not) which subsist in the Services. 
  9.2 The User acknowledges that the Services may contain information which is confidential to Samsung and agrees not disclose such information without Samsung’s prior written consent.
  9.3 Nothing in the Agreement gives the User any right to use any of Samsung’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.  To the extent that the User is entitled to such use under a separate written agreement with Samsung, such use must be in compliance with that agreement, any applicable provisions of the Agreement, and Samsung's brand feature use guidelines as updated from time to time.
  9.4 The User must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which affixed to or contained within the Services.
  9.5 The User must not use any trade mark, service mark, trade name, logo of any person in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. Samsung bada Server licence
  10.1 Samsung grants to the User a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the Samsung bada Server as part of the Services as provided by Samsung to the User ("bada Server Licence"). The bada Server Licence is granted for the sole purpose of enabling the User to use and enjoy the benefit of the Services as provided by Samsung, in the manner permitted by the Agreement. The User may not allow any other person to use the Samsung bada Server and may not use the Samsung bada Server to provide services to any other person.
  10.2 The User may not (and may not permit any other person to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Samsung bada Server (or any part of it), unless this is expressly permitted or required by law, or expressly permitted by Samsung in writing.
  10.3 The User may not assign, grant a sub-license of, or grant a security interest in or over, the bada Server Licence or any rights under it, loan or lease the Samsung bada Server, or otherwise transfer the bada Server Licence or any rights under it, to any person.
  10.4 Except for the User’s limited right to use the Samsung bada Server under the bada Server Licence, Samsung retains all rights in and to the Samsung bada Server.
11. User Content 
  11.1 The User will retain copyright and any other rights that the User already holds in any content created, submitted, posted, transmitted or displayed on or through the Services ("User Content"). By creating, submitting, posting, transmitting or displaying the User Content on or through the Services, the User grants Samsung a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, digitize, publish, publicly perform, publicly display and distribute the User Content ("User Content Licence"). The User Content License is granted for the sole purpose of enabling Samsung to display, distribute and promote the Services and may be revoked in accordance with any additional terms expressly agreed by the User and Samsung.
  11.2 The User agrees that the User Content License includes a right for Samsung to make User Content available to third parties for the provision of syndicated services, and to use User Content in connection with the provision of such services.
  11.3 The User acknowledges and agrees that the User Content Licence includes a right for Samsung, in performing the technical steps necessary to provide the Services to users, to (a) transmit or distribute User Content over various public networks and in various media; and (b) make modifications to User Content as necessary to conform and adapt the User Content to the technical requirements of connecting networks, devices, services or media. 
  11.4 Other than as set out in this Clause 11, Samsung acknowledges and agrees that it obtains no right, title or interest from the User (or the User’s licensors) in or to the User Content, including any intellectual property rights which subsist in the User Content (existing anywhere in the world and whether registered or not). 
  11.5 The User confirms and warrants to Samsung that:
    (a) the User has all the rights, power and authority necessary to grant the User Content License: 
    (b) the User Content will not infringe any third party 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 Samsung’s content guidelines; 
    (d) the User Content will not contain any viruses or other harmful code or devices which could damage any device accessing such User Content, 
and the User shall indemnify Samsung (and the Samsung Affiliates) against any cost, loss, damage, liability or expense incurred by Samsung (and the Samsung Affiliates) as a result of any breach of these warranties.
  11.6 Samsung may respond to notices of alleged copyright infringement in accordance with applicable international intellectual property law and may terminate the accounts of repeat infringers. 
  11.7 The User agrees that the he or she is solely responsible for his or her User Content and for any consequences arising in connection with that User Content (including any loss or damage suffered or incurred by Samsung).  Samsung has no responsibility to the User or to any third party in respect of the User Content or such consequences.  Without limiting the foregoing, the User agrees that the User is responsible for protecting and enforcing any intellectual property rights which subsist in the User Content and that Samsung is not obliged to do so on the User’s behalf.
12. Advertisements
  12.1 The Services (or any part of them) may display advertisements and promotions and may otherwise be supported by advertising revenue. Such advertisements and promotions may be targeted to information such as the content of information stored on the Services and queries made through the Services.  In consideration for Samsung granting the User access to and use of the Services, the User agrees that Samsung may place such advertising on the Services.
  12.2 Samsung may change the manner, mode and extent of advertising on the Services without providing notice to the User.
13. Third Party Content 
  13.1 The Services may include links to other websites, content and resources. Samsung may have no control over such websites, content or resources which are provided by third parties ("Third Party Content").
  13.2 The User acknowledges and agrees that Samsung is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or available via Third Party Content.
  13.3 The User acknowledges and agrees that Samsung is not liable for any loss or damage that may be incurred by the User as a result of the availability of any Third Party Content, or as a result of any reliance placed by the User on the completeness, accuracy or existence of Third Party Content, including any advertising, products or other materials on or available via Third Party Content.
  13.4 As a result of, or through using the Services, the User may from time to time use a service, purchase goods, or download a piece of software, which is provided by a third party.  The User’s use of such other services, goods or software may be subject to separate terms between the User and the relevant third party.  In such case, the Agreement does not affect the User’s legal relationship with that third party. 
14. Changes to the Agreement
  14.1 Samsung may make changes to the Agreement from time to time for security, commercial or legal reasons. 
  14.2 The User understands and agrees that if the User uses the Services after the date on which the Agreement changed, Samsung will treat the User’s use as acceptance of the Agreement as changed.
15. Termination of the Agreement
  15.1 The Agreement will remain in force until terminated by either the User or Samsung in accordance with this Clause 15.
  15.2 The User may terminate this Agreement at any time by (a) providing notice of cancellation in writing to Samsung at the address set out in Clause 1 or at [insert URL] [See note in relation to clause 13.2 in comments section of previous advice]; and (b) closing all of the User’s accounts for the Services used by the User, where Samsung has made this option available to the User. 
  15.3 Samsung may terminate this Agreement at any time:
    (a) immediately if the User has breached any provision of the Agreement (or has acted in manner which clearly indicates that the User does not intend to, or is not able to comply with the provisions of the Agreement); 
    (b) immediately if Samsung is required to do so by law (for example, where the provision of the Services to the User is, or becomes, unlawful); 
    (c) [upon thirty (30) days notice,] if the partner with whom Samsung offered the Services to the User has terminated its relationship with Samsung or ceased to offer the Services to the User; 
    (d) [upon thirty (30) days notice,] if Samsung is transitioning to no longer providing the Services to users in the country in which the User is resident or from which the User uses the Services; or 
    (e) [upon thirty (30) days notice,] if the provision of the Services to the User by Samsung ceases to be commercially viable (in Samsung’s opinion). 
  15.4 Nothing in this Clause 15 affects Samsung’s rights in relation to the provision of Services under Clause 4.
  15.5 Upon termination of the Agreement, all of the legal rights, obligations and liabilities that the User and Samsung have benefited from, been subject to, or which have accrued during the term of the Agreement or are expressed to continue indefinitely, will be unaffected by such termination.  
16. EXCLUSION OF WARRANTIES
  16.1 NOTHING IN THESE TERMS, INCLUDING THIS CLAUSE 16 AND CLAUSE 17, EXCLUDES OR LIMIT SAMSUNG’S WARRANTY OR LIABILITY FOR 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 WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  16.2 Samsung will use commercially reasonable endeavours to ensure that the Services are available to the User without undue disruption, interruption or delay.  If there is a disruption, interruption or delay, Samsung will use commercially reasonable endeavours to ensure that it is kept to a minimum.
  16.3 IN PARTICULAR, SAMSUNG, THE SAMSUNG AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE USER THAT:
    (a) THE USER’S USE OF THE SERVICES WILL MEET THE USER’S REQUIREMENTS;
    (b) ANY INFORMATION OBTAINED BY THE USER AS A RESULT OF THE USER’S USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR 
    (c) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO THE USER AS PART OF THE SERVICES WILL BE CORRECTED. 
  16.4 THE USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  16.5 NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY THE USER FROM SAMSUNG ON OR VIA THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.
17. LIMITATION OF LIABILITY
  17.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SAMSUNG'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY; (II) FRAUD; OR (III) ANY THING WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
  17.2 SUBJECT TO PARAGRAPH 16.1 ABOVE, SAMSUNG SHALL NOT BE LIABLE TO THE USER, 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; OR 
    (b) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); OR: 
    (c) ANY DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT); OR 
    (d) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: 
      (i) ANY RELIANCE PLACED BY THE USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE USER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING IS MADE AVAILABLE ON OR VIA THE SERVICES; 
      (ii) ANY CHANGES TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM); 
      (iii) THE USER’S FAILURE TO PROVIDE SAMSUNG WITH ACCURATE ACCOUNT INFORMATION; OR
      (iv) THE USER’S FAILURE TO KEEP THE USER’S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. 
18. General 
  18.1 Samsung intends to rely upon only the written terms set out in the terms of this Agreement and not any representations made elsewhere, in advertising or directly to the User by any of our employees.  The User must read the terms of this Agreement carefully and should contact Samsung and must not use the Services if the terms include things that the User does not wish to agree to.  In that way any confusion about what the User and Samsung are expected to do can be avoided.  . 
  18.2 The User agrees that Samsung may provide the User with notices (including notices relating to changes to the Agreement), by email, ordinary mail, or postings on or via the Services. 
  18.3 The User agrees that if Samsung does not exercise or enforce any legal right or remedy which is set out in the 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 that such rights or remedies remain available to Samsung. 
  18.4 If any provision of this Agreement is invalid, as determined by a court of law having the jurisdiction to decide on this matter, then that provision will be removed from the Agreement without affecting the remaining provisions of the Agreement, which will continue to be valid and enforceable. 
  18.5 The User acknowledges and agrees that each Samsung affiliated company shall be a third party beneficiary to the Agreement and shall be entitled to directly enforce, and rely upon, any provision of the Agreement which confers a benefit on (or rights in favor of) them. Subject to the foregoing, no other person shall be a third party beneficiary to the Agreement. For the purposes of the 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.
  18.6 The User may not transfer, assign, charge or otherwise dispose of the Agreement which is personal to the User, or any of the User’s rights or obligations arising under it, without our prior written consent. We will not refuse to give consent without good reason.  [We may transfer, assign, charge, sub-contract or otherwise dispose of the Agreement, or any of our rights or obligations arising under it, at any time during its term.][Please see comment in relation to clause 20.7 in previous advice.]
  18.7 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 endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
  18.8 The Agreement and the User’s relationship with Samsung under the Agreement shall be governed by the laws of the Republic of Korea without regard to its conflict of law provisions. The User and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in the Republic of Korea to resolve any legal matter arising in relation to the Agreement. Notwithstanding the foregoing, the User agrees that Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 




SAMSUNG bada Server, Developer Portal and Samsung Apps
PRIVACY POLICY
Last updated 1 August 2009
This Samsung Apps and Seller Office and the bada Server (including related services) (as the case may be, the "Website") is operated by or on behalf of Samsung Electronics Co., Ltd, whose principal place of business is at 416 Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, 443-742 Korea. This policy applies to information about you which is collected by us, by any company within the Samsung Electronics group of companies, or by any other company under the Samsung brand ("Samsung Group Companies"). A full list of Samsung Group Companies is available upon request.
This policy sets out how we use and protect any information about you that you give to us through your use of the Website. If you have any questions or comments in relation to this policy, please contact our customer services department at the Help menu of the Website.
We may change this policy from time to time by updating this page. You are advised to check it from time to time in order to ensure that you are aware of any changes and that they are acceptable to you. Continued use of the Services will signify that you agree to any such changes.  Please see the top of this policy for the date the policy was last updated.  This policy applies if you access the Website through your mobile phone, through your PC or through any other route.
What information do we collect about you?

What do we do with your information?

How do we collect the information?

What about anonymous information?

To whom do we disclose your information?

Direct Marketing

Accessing your information

What do we do to keep your information secure?

Linking

Cookies and web beacons

What information do we collect about you?
In general, you can view parts of the Website without giving us any information. On certain pages we will request information about you, for example, the registration pages. We will only be able to provide you with our full Website environment if you have completed and submitted the information required for the registration process and this is accepted by us in accordance with our Website terms and conditions. 
Some of the information that we collect will be ‘Personal Data.’ This means data related to you and which identifies you. In this policy, we use the terms ‘Personal Data’ and ‘information about you’ interchangeably. 
What do we do with your information?
We may use information about you for any of the following purposes:
• to register you on our Website, to administer our Website services (including processing any searches or requests for information about our products or services), and to allow you to use those services (e.g. blogs, open forums and discussion pages);
• 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;
• (subject to the direct marketing section below) for marketing purposes;
• to conduct free prize draws, prize competitions, or promotions; and
• to consider employing you if you have provided information pursuant to an application for a position with us.
All of the above apply equally to the use of information about you for such purposes by a Samsung Group Company.
 
How do we collect the information?
We collect information about you using various methods, including:
• when you submit it through the Website; and
• when you telephone or email us, or correspond with us by means other than through this Website.
We may combine information that we collect about you through this Website with information that you provide to us by other means, [or that is provided to us by third parties. We may store that information together in a combined database or in separate databases]. 
We will not retain information about you for longer than is necessary for the purpose for which it was intended, or as required under any contract or by law (and we will usually delete data once a user tells us that that he/she will no longer be using this service). We will not collect an excessive amount of information from you nor information that is not relevant to the purposes for it was collected.
What about anonymous information?
We may automatically collect technical information from which you cannot be identified when you connect to this Website. An example is the domain name of another website from which you linked to this Website. We collect this information to help us with identifying users’ browsing preferences. The information is used for internal purposes only so that we can carry out research on your demographics, behaviour and interests. Anonymous or generic information from which you cannot be personally identified is not Personal Data and is therefore outside the scope of this policy.
To whom do we disclose your information?
We will not disclose to any third parties Personal Data which relates to you without your consent, except: 
• to a Samsung Group Company;
• where it is necessary to enable any of our staff, employees, agents, contractors, suppliers or commercial partners to provide a service to us or to perform a function on our behalf (including providing marketing assistance, market research or customer services; and administering your membership, supplying products or services that we provide to you now or in the future, or any free prize draws, prize competitions or promotions); 
• to our professional advisers or where we are under a duty to disclose your personal data in order to comply with any legal obligation or the decision of a judicial authority;
• to the purchaser or potential purchaser of our rights and obligations relating to this Website (in which case personal data held by us about our customers will be a transferred asset of any purchase) we  may transfer your personal information to that third party; or
• where it is necessary in order to pursue our legitimate interests or if we are required to or are permitted to do so by law.
You acknowledge that any information that you submit into any environment that is visible to others (e.g. blogs, forums and discussion pages) will result in such information being published in like manner. You should take common sense precautions about the information you provide in such environments and acknowledge that your information will be published in such a way for others to see.
For any disclosure of your Personal Data by us to a carefully selected third party or to any third party on the above list, we will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party does not use your Personal Data for any purpose other than purposes that we specify and in accordance with the purposes outlined in this policy, and that they will keep it secure.  [Should you wish to object to such disclosure, please opt out by contacting us at [the address below]]

If we disclose your Personal Data to a Samsung Group Company or a third party which is outside the European Economic Area ("EEA") for the sole purposes described in this policy.  The data protection laws outside the EEA may not provide an equivalent level of protection to those in your home country, however before transferring the data we will take steps to ensure that your Personal Data will be afforded the same level of protection as that required from us by data protection law. 
[We do not sell or rent your personal information to third parties].
We will take all reasonable precautions to ensure that our staff and employees who have access to information about you have received adequate training to ensure that they process that information only in accordance with this policy and with our obligations under data protection law. We may take disciplinary action against our staff and employees in the event of non-compliance, should we consider this to be appropriate.
Direct Marketing
We may use information about you which we hold in order to provide you with information about products, promotions, and other such information which we believe may be of interest to you if you select to receive such information by email and/or post when you complete the registration process. 
You can change your mind about your preferences in respect of direct marketing by using the unsubscribe information on every such mailing or by updating your user profile. You can do this at any time. If you do so, we would not remove your Personal Data from our database(s) but we would note your changed preferences as soon as reasonably possible. 
Accessing your information
Under certain data protection laws you may have the right to request details of Personal Data which we hold about you. If we are permitted by law, we may charge you a small fee for providing you with that information. If you would like to make any such request please contact our customer services department at the Help menu of the Website.
Please help us to ensure that the information about you that we hold is accurate and up to date. If you think that any information we have about you is incorrect or incomplete, please write to our customer services department in the manner set out above. We will correct or update any information about you as soon as reasonably possible.
What do we do to keep your information secure?
We are committed to ensuring that your information is secure. In order to do so, we have put in place reasonable physical, technical and organisational measures and procedures to safeguard and secure the information we collect through the 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, we cannot guarantee that your information is secure when submitted or otherwise communicated through insecure means.
We protect the security of your information by:
• using encryption where appropriate;
• using password protection where appropriate; and
• limiting access to your information (for example, only our staff or employees who need access to it for the purposes described above will have access to it). 
You must also take appropriate steps to keep your information secure by not using an obvious login name or password, by changing your password regularly, and ensuring that you do not divulge your password to any other person.
Linking
This Website may link to other websites which are outside our control. Whilst we try to ensure that we link only to websites that share our privacy and security standards, once you have left this Website we cannot be responsible for the protection and privacy of any information which you provide on other websites. You should exercise caution, and review the privacy statement applicable to the website in question.  We do not accept any responsibility or liability for those policies.
 
Cookies and web beacons
We use cookies for certain areas of our Website. Cookies are files that store information on your hard drive or browser. They enable this Website to recognise that you have visited it before. Cookies help us to understand which sections of this Website are the most popular because they allow us to see which pages visitors are accessing and how much time they are spending on them. By studying these we are better able to adapt this Website to suit your demands and provide you with a more customised user experience. For example, cookies allow us to ensure that the information displayed on your next visit to this Website will match up with 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" and reviewing your privacy settings or selecting "delete cookies". Please note, however, that this Website is designed to work using cookies and any disabling of them may affect your usage of this Website and prevent you from taking full advantage of it. We do not exchange cookies with any third party websites or external data suppliers, except with third parties working with us to provide services to you.
This Website and the communications generated from using and/or registering on this 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).
Further information

If you have any specific questions, then contact us at contact.bada@samsung.com 
2.  Disclaimer

All services available through the bada server ("Services") are being made available to you subject to the Samsung bada server: Terms and Conditions [(insert URL)]. Please read through these to make sure you understand the basis on which we are providing the Services to you. When we provide these Services to you, we may collect personal information from you in order to provide you with the services. We will do this in accordance with our privacy policy [(insert URL)]. In order to receive the Services, you must select the "Accept" button indicating that you agree to our terms and conditions and the use of your personal data in accordance with our privacy policy.

Terms and Conditions for Buyers

  1. Your use of our Services

    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 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. 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 the former case, you will be contracting with the third party Application provider. In making these purchases, it is the third party and not Samsung who has the contractual obligation to you.

  2. Accepting the Term

    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. 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.

    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

    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

    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.

    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.

    3. Upon completion, verification and acceptance by us of your registration data you will be given STORE membership as a buyer.

    4. You can opt for the credit card settings option 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.

    5. If your residency does not match with your credit card details or phone billing details, you cannot purchase Applications.

    6. You can also register as a seller using your Buyer ID. Additional terms apply to seller members of the STORE.

    7. You can register with the STORE either on a computer or through your mobile device.

  5. Privacy and your personal information

    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.

    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.

    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.

    4. You agree to the use of your data in accordance with Samsung’s privacy policies.

  6. Ordering Applications using the STORE

    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).

    2. To order Applications, you will need to follow our ordering process. We only accept orders through this process.

    3. On the STORE, we make available Applications either from third parties or Samsung developed Applications.

    4. Third party Applications are licensed to you by the third party so your contract is with that third party. You will be told who this is when you buy the Application.

    5. Samsung Applications are licensed to you by Samsung.

    6. In both cases, you will pay the price for the Application to Samsung.

    7. 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

    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. The licensor reserves all rights not expressly granted to you.

    2. You acknowledge that your license of each third party Application through the Services is a binding agreement between you and the third party Application provider only, and that third party Application provider is solely responsible for the Application, the content therein and warranties to the extent such warranties have not been disclaimed, and any claims you or any third party may have relating to that Application or your use of that Application. You acknowledge that Samsung is solely acting as agent for the third party Application provider in providing the Application to you; is not a party to such license, and is not responsible for the Application, the content therein, or any warranties or claims you or any third party may have relating to that Application or your use of that Application. 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.

    3. The Services license Applications to end user customers for non-commercial uses only. Applications may only be used on a single device but can be downloaded any number of times within 12 months from the purchase date. Licences are non-transferable and non assignable.

    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

    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 MultiStage 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

    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 Methodsy

    1. You can pay for Applications either by credit card or by a mobile phone billing service.

    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.

    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

    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

    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

    1. Payment for Applications is inclusive of value added tax at the applicable rate.

  14. Proprietary rights

    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).

    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.

    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, any applicable provisions of these Terms, and Samsung's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.Samsung.com/permissions/guidelines.html (or such other URL as Samsung may provide for this purpose from time to time).

    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.

    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

    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.

    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

    1. This Agreement will continue to apply until terminated by either you or Samsung as set out below.

    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.

    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

    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 will be:

      • compatible with all or any hardware and software which you may use;

      • available all the time or at any specific time, uninterrupted, secure or error free; or

      • suitable for your requirements or meet any specific level of performance or functionality

      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

    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. Details of Samsung’s policy can be found at http://www.Samsung.com/dmca.html

  19. Advertisements

    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.

    2. The manner, mode and extent of advertising by Samsung on the Services are subject to change without specific notice to you.

    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

    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.

    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.

    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

    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.

    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

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    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 from the Terms. 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. 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[Samsung Electronics (UK) Limited] (the "Licensor").

  2. LICENCE

    1. Licensor grants you for the term of this Licence a limited, personal, non-exclusive, non-transferable licence to:

      • use the Application in object code executable only form on a single device for non-commercial uses;

      • download the Application any number of times onto a single device for 12 months from the purchase date (provided that no more than one copy is installed on the single device at any one time). This Licence will apply to such copies as it applies to the original copy of the Application installed by you.

    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.

    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

    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.

    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

    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.

    2. The provisions of clause 4.1 will not apply to any information which is:

      • lawfully obtained free of any duty of confidentiality (otherwise than directly or indirectly from Licensor); or

      • 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

      • which you can demonstrate is in the public domain (other than as a result of a breach of this clause 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 HELP

    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

    1. Licensor does not exclude its liability (if any) to you:

      • for personal injury or death resulting from Licensor’s negligence;

      • for fraud; or

      • for any matter for which it would be illegal for Licensor to exclude or to attempt to exclude its liability.

    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.

    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:

      • 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;

      • any breach by Licensor of any of the express or implied terms of this Licence;

      • any use made of the Application; or

      • any statement made or not made, or advice given or not given, by or on behalf of Licensor.

    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.

    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. Any rights that you have as a consumer are not affected by this clause 6.

  7. TERM AND TERMINATION

    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.

    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.

    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.

    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

    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.

    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. The parties irrevocably agree to submit to that jurisdiction.

  9. COMPLIANCE WITH APPLICABLE LAW

    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

    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.

    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.

    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.

    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.

    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.

    6. You will be deemed to have accepted the terms of this Licence by installing the Application onto any device.

      7. Last updated : 13 May 2010
This Samsung Apps and Seller Office (“Website”) is operated by or on behalf of Samsung Electronics GmbH, whose principal place of business is at Am Kronberger Hang 6 65824 Schwalbach/Ts., Germany. This policy applies to information about you which is collected by us, by any company within the Samsung Electronics group of companies, or by any other company under the Samsung brand (“Samsung Group Companies”). A full list of Samsung Group Companies is available upon request.

This policy sets out how we use and protect any information about you that you give to us through your use of the Website. If you have any questions or comments in relation to this policy, please contact our customer services department at the Help menu of the Website.

We may change this policy from time to time by updating this page. You are advised to check it from time to time in order to ensure that you are aware of any changes and that they are acceptable to you. This policy applies if you access the Website through your mobile phone, through your PC or through any other route.


What information do we collect about you?
  1. In general, you can view parts of the Website without giving us any information. On certain pages we will request information about you, for example, the registration pages. We will only be able to provide you with our full Website environment if you have completed and submitted the information required for the registration process and this is accepted by us in accordance with our Website terms and conditions.

    Some of the information that we collect will be ‘Personal Data.’ This means data related to you and which identifies you. In this policy, we use the terms ‘Personal Data’ and ‘information about you’ interchangeably.
What do we do with your information?
  1. We may use information about you for any of the following purposes:
    • to register you on our Website, to administer our Website services (including processing any searches or requests for information about our products or services), and to allow you to use those services (e.g. blogs, open forums and discussion pages);
    • 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;
    • (subject to the direct marketing section below) for marketing purposes;
    • to conduct free prize draws, prize competitions, or promotions; and
    • to consider employing you if you have provided information pursuant to an application for a position with us.
    All of the above apply equally to the use of information about you for such purposes by a Samsung Group Company.
How do we collect the information?
  1. We collect information about you using various methods, including:
    • when you submit it through the Website; and
    • when you telephone or email us, or correspond with us by means other than through this Website.
    We may combine information that we collect about you through this Website with information that you provide to us by other means, or that is provided to us by third parties. We may store that information together in a combined database or in separate databases.

    We will not retain information about you for longer than is necessary for the purpose for which it was intended, or as required under any contract or by law (and we will usually delete data once a user tells us that that he/she will no longer be using this service). We will not collect an excessive amount of information from you nor information that is not relevant to the purposes for it was collected.
What about anonymous information?
  1. We may automatically collect technical information from which you cannot be identified when you connect to this Website. An example is the domain name of another website from which you linked to this Website. We collect this information to help us with identifying users’ browsing preferences. The information is used for internal purposes only so that we can carry out research on your demographics, behaviour and interests. Anonymous or generic information from which you cannot be personally identified is not Personal Data and is therefore outside the scope of this policy.
To whom do we disclose your information?
  1. We will not disclose to any third parties Personal Data which relates to you without your consent, except:
    • to a Samsung Group Company;
    • where it is necessary to enable any of our staff, employees, agents, contractors, suppliers or commercial partners to provide a service to us or to perform a function on our behalf (including providing marketing assistance, market research or customer services; and administering your membership, supplying products or services that we provide to you now or in the future, or any free prize draws, prize competitions or promotions);
    • to our professional advisers;
    • to the purchaser or potential purchaser of our rights and obligations relating to this Website; or
    • where it is necessary in order to pursue our legitimate interests or if we are required to or are permitted to do so by law.
    You acknowledge that any information that you submit into any environment that is visible to others (e.g. blogs, forums and discussion pages) will result in such information being published in like manner. You should take common sense precautions about the information you provide in such environments and acknowledge that your information will be published in such a way for others to see.

    For any disclosure of your Personal Data by us to a carefully selected third party or to any third party on the above list, we will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party does not use your Personal Data for any purpose other than purposes that we specify and in accordance with the purposes outlined in this policy, and keep it secure.

    If we disclose your Personal Data to a Samsung Group Company or a third party which is outside the European Economic Area, we will not do so until we have taken steps to ensure that your Personal Data will be afforded the same level of protection as that required from us by data protection law.

    We will take all reasonable precautions to ensure that our staff and employees who have access to information about you have received adequate training to ensure that they process that information only in accordance with this policy and with our obligations under data protection law. We may take disciplinary action against our staff and employees in the event of non-compliance, should we consider this to be appropriate.
Direct Marketing
  1. We may use information about you which we hold in order to provide you with information about products, promotions, and other such information which we believe may be of interest to you if you select to receive such information by email and/or post when you complete the registration process.

    You can change your mind about your preferences in respect of direct marketing by using the unsubscribe information on every such mailing or by updating your user profile. You can do this at any time. If you do so, we would not remove your Personal Data from our database(s) but we would note your changed preferences as soon as reasonably possible.
Accessing your information
  1. Under certain data protection laws you may have the right to request details of Personal Data which we hold about you. If we are permitted by law, we may charge you a small fee. If you would like to make any such request please contact our customer services department at the Help menu of the Website.

    Please help us to ensure that the information about you that we hold is accurate and up to date. If you think that any information we have about you is incorrect or incomplete, please write to our customer services department in the manner set out above. We will correct or update any information about you as soon as reasonably possible.
What do we do to keep your information secure?
  1. We are committed to ensuring that your information is secure. In order to do so, we have put in place reasonable procedures to safeguard and secure the information we collect through the website. This has been done with a view to preventing unauthorised or unlawful processing of your Personal Data and accidental loss or destruction of, or damage to, your Personal Data. Whilst we have done all of this, we cannot guarantee that your information is secure when submitted or otherwise communicated through insecure means.

    We protect the security of your information by:
    • using encryption where appropriate;
    • using password protection where appropriate; and
    • limiting access to your information (for example, only our staff or employees who need access to it for the purposes described above will have access to it).
    You must also take appropriate steps to keep your information secure by not using an obvious login name or password, by changing your password regularly, and ensuring that you do not divulge your password to any other person.
Linking
  1. This Website may link to other websites which are outside our control. Whilst we try to ensure that we link only to websites that share our privacy and security standards, once you have left this Website we cannot be responsible for the protection and privacy of any information which you provide on other websites. You should exercise caution, and review the privacy statement applicable to the website in question.
Cookies and web beacons
  1. We use cookies for certain areas of our Website. Cookies are files that store information on your hard drive or browser. They enable this Website to recognise that you have visited it before. Cookies help us to understand which sections of this Website are the most popular because they allow us to see which pages visitors are accessing and how much time they are spending on them. By studying these we are better able to adapt this Website to suit your demands and provide you with a more customised user experience. For example, cookies allow us to ensure that the information displayed on your next visit to this Website will match up with 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” and reviewing your privacy settings or selecting “delete cookies”. Please note, however, that this Website is designed to work using cookies and any disabling of them may affect your usage of this Website and prevent you from taking full advantage of it. We do not exchange cookies with any third party websites or external data suppliers, except with third parties working with us to provide services to you.

    This Website and the communications generated from using and/or registering on this 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).
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