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Copyright ⓒ 2009~2011 Samsung Electronics Co., Ltd. All rights reserved.
OthersPrivacy Policy
Samsung Privacy Policy
This privacy policy applies to the Find My Mobile service hosted at www.samsungdive.com (the "Website") and other online and mobile environments (collectively, the "Service"). The Service 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 ("Samsung", "we" and "us"). This policy applies to personally identifiable information about you which is collected by us through the Service.
This policy sets out how we use any personally identifiable information about you that you give to us or that we otherwise collect through your use of the Service. 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. Please read this privacy policy carefully. Your use of the Service indicates that you have read, accepted and unconditionally agreed to the privacy practices outlined in this privacy policy.
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. For changes to this privacy policy that we consider to be material, we will place a notice on the Website by revising the link on the homepage to read substantially as "Updated Privacy Policy" for a reasonable amount of time. The most current version of this privacy policy will be available on the Website and will supersede all previous versions of this privacy policy. 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 Service through your mobile phone, through your PC or through any other route.
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 and Service features 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.
Beyond the information you give to us, we automatically receive and record on our server logs other types of information when you use the Service, including the location of your mobile device, IP address, cookie information, the page(s) you request and other usage information. We treat this data as non-Personal Data, except where we are required to do otherwise under applicable law.
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 Service and Website features (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.
We reserve the right to share all Personal Data and non-Personal Data with any company within the Samsung Electronics group of companies, or with any other company that operates under the Samsung brand (each, a "Samsung Group Company", and collectively, the "Samsung Group Companies"). A list of the Samsung Group Companies is available upon request. Each of the Samsung Group Companies will use your information in accordance with their own independent privacy practices.
How do we collect the information?
We collect information about you using various active and passive 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.
Our goal is to retain information about you only for so long as 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 strive not to collect an excessive amount of information from you or 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 or use the Service. 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 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.
What about location-based services?
To the extent that you are using any of our location-based services or functionality ("Location-Based Services"), then in addition to the terms of this Privacy Policy, this Clause will also apply. The Location-Based Services are offered by collecting, storing, transmitting or processing location data of the user and/or his or her Samsung device upon consenting to the use of such Location-Based Services. This information is anonymous and does not personally identify you although the information may be combined with your personal information in order for us to provide you with Location-Based Services, such as Remote Locator and Phone Tracking. All such information that is Personal Data will be dealt with in accordance with the terms of this privacy 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 Service and/or the 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 in accordance with 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.
To the extent permitted by law, Samsung does not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any specific jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. If you reside in the European Economic Area ("EEA"), please note that we may disclose your Personal Data to a Samsung Group Company or a third party which is outside the EEA for the 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 make available your personal information to third parties for their own direct marketing purposes except as provided herein.
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) to the extent that it is still required by us under the terms of this privacy policy 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 service 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 service 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, no website, internet transmission, computer system or wireless connection is completely secure. Samsung cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur.
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.
The Website and/or the Service may enable the use of the Adobe Flash Player. By default, your use of the Adobe Flash Player generates flash cookies. Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating "Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on the Service and/or Website. The Adobe Flash Player is not the only technology that may be used by us or otherwise in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.
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:
Samsung Electronics Co., Ltd,
416, Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea
Email: account.cs@samsung.com
This privacy policy applies to the Find My Mobile service hosted at www.samsungdive.com (the "Website") and other online and mobile environments (collectively, the "Service"). The Service 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 ("Samsung", "we" and "us"). This policy applies to personally identifiable information about you which is collected by us through the Service.
This policy sets out how we use any personally identifiable information about you that you give to us or that we otherwise collect through your use of the Service. 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. Please read this privacy policy carefully. Your use of the Service indicates that you have read, accepted and unconditionally agreed to the privacy practices outlined in this privacy policy.
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. For changes to this privacy policy that we consider to be material, we will place a notice on the Website by revising the link on the homepage to read substantially as "Updated Privacy Policy" for a reasonable amount of time. The most current version of this privacy policy will be available on the Website and will supersede all previous versions of this privacy policy. 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 Service through your mobile phone, through your PC or through any other route.
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 and Service features 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.
Beyond the information you give to us, we automatically receive and record on our server logs other types of information when you use the Service, including the location of your mobile device, IP address, cookie information, the page(s) you request and other usage information. We treat this data as non-Personal Data, except where we are required to do otherwise under applicable law.
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 Service and Website features (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.
We reserve the right to share all Personal Data and non-Personal Data with any company within the Samsung Electronics group of companies, or with any other company that operates under the Samsung brand (each, a "Samsung Group Company", and collectively, the "Samsung Group Companies"). A list of the Samsung Group Companies is available upon request. Each of the Samsung Group Companies will use your information in accordance with their own independent privacy practices.
How do we collect the information?
We collect information about you using various active and passive 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.
Our goal is to retain information about you only for so long as 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 strive not to collect an excessive amount of information from you or 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 or use the Service. 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 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.
What about location-based services?
To the extent that you are using any of our location-based services or functionality ("Location-Based Services"), then in addition to the terms of this Privacy Policy, this Clause will also apply. The Location-Based Services are offered by collecting, storing, transmitting or processing location data of the user and/or his or her Samsung device upon consenting to the use of such Location-Based Services. This information is anonymous and does not personally identify you although the information may be combined with your personal information in order for us to provide you with Location-Based Services, such as Remote Locator and Phone Tracking. All such information that is Personal Data will be dealt with in accordance with the terms of this privacy 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 Service and/or the 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 in accordance with 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.
To the extent permitted by law, Samsung does not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any specific jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. If you reside in the European Economic Area ("EEA"), please note that we may disclose your Personal Data to a Samsung Group Company or a third party which is outside the EEA for the 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 make available your personal information to third parties for their own direct marketing purposes except as provided herein.
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) to the extent that it is still required by us under the terms of this privacy policy 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 service 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 service 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, no website, internet transmission, computer system or wireless connection is completely secure. Samsung cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur.
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.
The Website and/or the Service may enable the use of the Adobe Flash Player. By default, your use of the Adobe Flash Player generates flash cookies. Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating "Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on the Service and/or Website. The Adobe Flash Player is not the only technology that may be used by us or otherwise in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.
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:
Samsung Electronics Co., Ltd,
416, Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea
Email: account.cs@samsung.com
Terms and Conditions
Samsung Service Terms and Conditions
These terms and conditions ("Terms and Conditions") govern and regulate the use of the services and applications (each, a "Service", and collectively, the "Services") provided to users ("You", "Your" or "Users") by Samsung Electronics Co., Ltd. (“Samsung”) and/or its subsidiaries and affiliates (collectively, "Subsidiaries") and described in more detail at [http://account.samsung.com] (the "Website"). You may use the Services to locate, browse and download applications, data files and other content, some of which may be offered by Samsung or its Subsidiaries and some of which may be made available by third parties that are not affiliated with Samsung (collectively, "Third Party Product"). You agree that Samsung and its Subsidiaries are not responsible for any Third Party Product and make no representations or warranties relating to such Third Party Product, and You access such Third Party Product at your own risk. You also acknowledge and agree that additional policies, terms, conditions and licenses ("Special Terms") may govern your use of a particular Service or Third Party Product, in which case such Special Terms shall supplement these Terms and Conditions with respect to Your use of such Service or Third Party Product. You agree to abide by such other Special Terms, including where applicable representing that you are of sufficient legal age to use such Service or Third Party Product. In the event of a conflict or inconsistency between these Terms and Conditions and any such Special Terms, the Special Terms shall prevail with respect to Your use of that part or feature of the particular Service or Third Party Product giving rise to the conflict or inconsistency.
Please read these Terms and Conditions carefully. Your use of any Samsung Service indicates that you have read, accepted and unconditionally agreed to these Terms and Conditions and any other applicable terms. The Privacy Policy for the Samsung Services is incorporated herein by this reference. 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. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC ASSENT CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND HONOR ALL TRANSACTIONS YOU ENTER INTO.
How You may accept the Terms and Conditions,
How Samsung may change the Terms and Conditions, and
How You or Samsung may terminate Your account
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. Terms and Conditions and any Special Terms may be accepted by clicking 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 access or actually start to use the Services. In this case You understand that You are bound by and Samsung will treat You as being bound by the Terms and Conditions from the moment You access or start using the Services.
2. Changes to the Terms and Conditions
2.1. Samsung reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of these Terms and Conditions at any time.
2.2. When Samsung amends these Terms and Conditions, we will revise the “last updated” date located at the bottom of these Terms and Conditions. For changes that we consider to be material, we will place a notice on the Website by revising the link on the homepage to read substantially as “Updated Terms and Conditions” for a reasonable amount of time. If you provide information to us or access or use any Samsung Service in any way after these Terms and Conditions have been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions.
3. Termination
3.1. As long as You comply with these Terms and Conditions, Samsung grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
3.2. You close Your Account at any time.
3.3. You agree that Samsung may stop (permanently or temporarily) providing any or all of the Services (or any features within the Services) to You or to users generally at Samsung’s sole discretion, without prior notice to you.
3.4. Without limiting the generality of the foregoing, Samsung is entitled to disable your account at any time and without observing any notice period if:
a. You are in breach of these 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 these 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; or
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 agree that if Samsung disables access to your account, you may be prevented from accessing the Services, your account details or any files, "User Content" (as defined herein) or Third Party Products that are stored with your account. Samsung may in its sole discretion, however, allow You to backup Your User Content stored with Samsung through the Use of the Services. 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 these Terms and Conditions or any applicable Special Terms, You are permitted to, and You agree that You will, (1) use the Services for personal and non-commercial use and purposes only, (2) not reproduce, duplicate, copy, sell, trade or resell any of the Services or parts thereof, (3) not remove any proprietary notice language corresponding to the Services, and (4) make no modifications to any such Services.
4.3. You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Samsung server, or to any of the services offered on or through the Services, by hacking or any other illegitimate means.
4.4. 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.
4.5. 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.
4.6. From time to time, Samsung may discover a Third Party Product accessible through the Services that violates the legal agreements developers enter into with Samsung or it Subsidiaries, laws, regulations or other policies. You agree that in such an instance Samsung retains the right to remotely remove any such Third Party Product from your device in its sole discretion.
4.7. 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).
4.8. 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.
4.9. 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 or Third Party Products. You are entirely responsible to check with Your network provider whether any such costs may apply before using the Services or Third Party Products 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
Services originating from Samsung may communicate with Samsung servers from time to time to check for available updates, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Software Updates"). By using or installing these Services and/or Third Party Products, You agree to such automatically requested and installed 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 the applicable Third Party Product or the device used to access the Services..
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, without limitation, advertisements, promotional material, sponsored elements or other material.
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 hereby grant Samsung and Samsung's Subsidiaries 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") to the full extent necessary to provide 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.
8.6. If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a "Submission" and collectively, the "Submissions") despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. "Submissions" are separate and apart from User Content. None of the Submissions shall be subject to any obligation of confidence on the part of Samsung, and Samsung shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Samsung without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and You hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of Your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Samsung shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according You any compensation or credit. By submitting a Submission to any Samsung Service or Samsung, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions will not be acknowledged or returned. You agree and understand that Samsung is not obligated to use any Submission you make to any Samsung Service or Samsung and you have no right to compel such use. You hereby acknowledge and agree that Your relationship with Samsung is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Samsung does not place Samsung in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that Samsung has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by Samsung’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that You will not be entitled to any compensation as a result of Samsung’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a Samsung 's actual or alleged exploitation or use of any material You submit to any Samsung Service and/or Samsung, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and Your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Solely to avoid undue repetition, references to "Samsung" in this subparagraph shall be deemed to include Samsung Subsidiaries.
9. Samsung Services License
9.1. As between You and Samsung, Samsung owns all right, title and interest in and to the Services, including without limitation all applicable intellectual property rights or other proprietary rights in such Services, regardless of whether registered/legally secured or not.
9.2. Except for the rights granted to You in these Terms and Conditions and any Special Terms, Samsung retains all rights in or pertaining to the Services.
9.3. 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.
9.4. 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 and Account Data
11. Registration and Account Data
11.1. Certain Services or functionality offered on or through the Services may require You to register and open an account (including setting up a User ID and password ["Account Data"]). You agree to provide accurate, complete and up to date information when you register ("Registration Data"). You agree that Samsung may store and use the registration data you provide for use in maintaining and billing fees to your account. You are entirely responsible for maintaining the confidentiality of your Account Data, and for any and all activity that occurs under your account. You agree to notify Samsung immediately of any unauthorized use of your account or Account Data.
11.2. 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.
11.3. 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.
11.4. Samsung may regard any instructions to be from You if they are received from or issued by a User or third party using or providing your Account Data.
11.5. 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.
11.6. You will notify Samsung immediately by email to account.cs@samsung.com upon becoming aware of any unauthorized use of any of Your Registration Data or Account Data or any other breach of security.
11.7. 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].
12. Payments
12.1. Samsung may make available to you various payment processing methods to facilitate the purchase of Third Party Products through the Services. You agree to abide by any relevant Terms of Service or other legal agreement, whether with Samsung or a third party, that governs your use of a given payment processing method. You agree that Samsung reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.
12.2. When making purchases, content credits are used first, followed by gift certificate, and then your credit card or other payment processing account is charged for any remaining balance. Your total price will include the price of the Third Party Product plus any applicable sales tax. All sales are final.
12.3. You agree that you will pay for all Third Party Products you purchase through the Services, and that Samsung may charge your credit card or other payment processing account for any purchases through your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SAMSUNG WITH A VALID CREDIT CARD OR OTHER PAYMENT PROCESSING ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or payment processing account you designate during the registration process. If you want to designate a different payment processing account or if there is a change in your credit card other payment processing account status, you must change your information online, which may temporarily disrupt your access to the Services while Samsung verifies your new payment information.
12.4. Prices for Third Party Products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
12.5. If a Third Party Product becomes unavailable following a transaction but prior to download, Your sole and exclusive remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Third Party Product, your sole and exclusive remedy is either replacement or refund of the price paid, as determined by Samsung.
13. Privacy and protection of personal data
13.1. See our [http://account.samsung.com/legal/pp] to learn more about how Samsung protects and handles Your personal data and information when You use the Services.
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 YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
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 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 ACTUAL 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. Language of this Agreement
Samsung may provide You with a translation of the English version of these Terms and Conditions. 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.
21. Procedure for making claims and notices regarding infringement of intellectual property rights and other rights
21.1. 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.
21.2. 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 [account.cs@samsung.com].
22. Confidentiality
22.1. 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.
22.2. 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 these Terms and Conditions.
22.3. Clause 22.1 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.
23. General provisions
23.1. 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.
23.2. 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.
23.3. If Samsung does not exercise or enforce any legal right or remedy which is set out in these Terms and Conditions 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.
23.4. If any provision of these Terms and Conditions 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.
23.5. Each of the Samsung's Subsidiaries is an intended third party beneficiary to these Terms and Conditions Agreement and shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions 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 these Terms and Conditions.
23.6. You are not permitted to transfer, assign or otherwise dispose of these Terms and Conditions which is personal to You, or any of Your rights or obligations arising under these Terms and Conditions without the prior written consent of Samsung.
23.7. This Agreement and Your relationship with Samsung under these Terms and Conditions 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.Subject to Samsung right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, You unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Samsung and its Subsidiaries (all such individuals and entities collectively referred to herein as the “Samsung Entities”) arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS or another mutually-acceptable alternative dispute resolution provider ("Arbitration Tribunal") and conducted before a sole arbitrator in accordance with the rules of the Arbitration Tribunal; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce in the United States, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitrator’s decision shall be controlled by these Terms and Conditions and any of the other agreements referenced herein that the applicable User may have entered into in connection with the Services; (4) the arbitrator shall honor claims of privilege recognized at law; (5) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Samsung Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (6) the arbitrator shall not have the power to award punitive damages against you or any Samsung Entity; (7) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Samsung Entity exceed $125 USD, and You are unable (or not required under the rules of the Arbitration Tribunal) to pay any fees and deposits that exceed this amount, Samsung agrees to pay them and/or forward them on Your behalf, subject to ultimate allocation by the arbitrator. In addition, if You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Samsung will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (8) with the exception of subparts (5) and (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of the Arbitration Tribunal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (5) or subpart (6) is found to be invalid, unenforceable or illegal, then if Samsung so elects, the entirety of this arbitration provision shall be null and void, and neither You nor Samsung shall be entitled to arbitrate their dispute.
Samsung Apps Terms and Conditions for
Users
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 (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 Co., Ltd, whose principal place of business is at 416, Maetan-3 dong, Yeongtong-gu, Suwon-City, Gyeonggi-do, 443-742, South Korea. 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 and it is the third party and not Samsung who has the contractual obligation to you.
Samsung reserves the right to charge for Applications. If we do this, we will give you reasonable advance notice and you will be required to register with us so that you can pay for the Applications. Failure to register will mean that you cannot receive Applications anymore.
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 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. Receiving Applications using the STORE
4.1 To receive Applications from the STORE, you will need to agree to these Terms. We will only supply Applications 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).
4.2 Even though we do not charge for Applications, to receive Applications, you will need to follow our process. You can only receive Applications through this process.
4.3 On the STORE, we make available Applications either from third parties or Samsung developed Applications.
4.4 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 choose to receive the Application.
4.5 Samsung Applications are licensed to you by Samsung.
5. License of Application
5.1 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.
5.2 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.
5.3 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 (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. Licences are non-transferable and non assignable.
5.4 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.
6. System Requirements
6.1 Use of the Services requires a device which is compatible with the Services. Use of the Services 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.
7. Content Classification of Applications
7.1 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.
8. Charges for data services
8.1 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.
9. Proprietary rights
9.1 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).
9.2 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.
9.3 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.
9.4 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.
9.5 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.
10. Software updates and availability of Services
10.1 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.
10.2 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.
11. Liability
11.1 Nothing in these Terms excludes our liability (if any) to you for:
(a) personal injury or death resulting from our negligence;
(b) fraud; or
(c) 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:
(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; or
(c) 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.
As you are not paying for any Applications, we are not responsible to you for any direct or indirect losses which you may incur during use of the Services or Applications except as set out in the Licensed Applications End User License Agreement. Our liability to you shall not in any circumstances include any losses that you may incur, including but not limited to lost data, lost profits or business interruption. The limitations and exclusions of liability set out in this section shall not exclude or limit Samsung’s liability for losses which may not be lawfully excluded or limited by law.
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 and/or any other applicable terms.
The Applications, 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.
You understand that by using the Services, you may encounter material that may be deemed offensive, indecent, or objectionable. You agree to use the Service at your sole risk and that Samsung shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Application content classifications are provided for convenience only, and you acknowledge and agree that Samsung does not guarantee their accuracy.
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.
Nothing in these Terms shall affect your statutory rights as a consumer.
12. Copyright and trade mark policies
12.1 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.
13. Advertisements
13.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions..
13.2 The manner, mode and extent of advertising by Samsung on the Services are subject to change without specific notice to you.
13.3 In consideration of Samsung granting you access to and use of the Services, you agree that Samsung may place such advertising on the Services.
14. Other content
14.1 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.
14.2 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.
14.3 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.
15. Changes to the Terms
15.1 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.
15.2 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.
16. General legal terms
16.1 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.
16.2 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.
16.3 You agree that Samsung may provide you with notices, including those regarding changes to the Terms by postings on the Services.
16.4 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.
16.5 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.
16.6 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.
16.7 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.
16.8 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.
16.9 The Terms, and your relationship with Samsung under the Terms, shall be governed by the laws of the Republic of Korea without regard to its conflict of laws provisions. You and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in Seoul, the Republic of Korea 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
1.1 This end user Application licence (“Licence”) allows you to use content and other Applications (“Applications”) made available on Licensor’s Application Store (“Store”) subject to the terms of the Licence. This Licence is a legally binding agreement between you and the Licensor of the Application.
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 USD 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 may 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 you 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 the Republic of Korea.
8.2 The courts in Seoul, the Republic of Korea 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
9.1 You acknowledge and agree that notwithstanding the fact that this Licence is governed by the laws of the Republic of Korea, 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.
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. 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.
Last updated : 30 July 2010
These terms and conditions ("Terms and Conditions") govern and regulate the use of the services and applications (each, a "Service", and collectively, the "Services") provided to users ("You", "Your" or "Users") by Samsung Electronics Co., Ltd. (“Samsung”) and/or its subsidiaries and affiliates (collectively, "Subsidiaries") and described in more detail at [http://account.samsung.com] (the "Website"). You may use the Services to locate, browse and download applications, data files and other content, some of which may be offered by Samsung or its Subsidiaries and some of which may be made available by third parties that are not affiliated with Samsung (collectively, "Third Party Product"). You agree that Samsung and its Subsidiaries are not responsible for any Third Party Product and make no representations or warranties relating to such Third Party Product, and You access such Third Party Product at your own risk. You also acknowledge and agree that additional policies, terms, conditions and licenses ("Special Terms") may govern your use of a particular Service or Third Party Product, in which case such Special Terms shall supplement these Terms and Conditions with respect to Your use of such Service or Third Party Product. You agree to abide by such other Special Terms, including where applicable representing that you are of sufficient legal age to use such Service or Third Party Product. In the event of a conflict or inconsistency between these Terms and Conditions and any such Special Terms, the Special Terms shall prevail with respect to Your use of that part or feature of the particular Service or Third Party Product giving rise to the conflict or inconsistency.
Please read these Terms and Conditions carefully. Your use of any Samsung Service indicates that you have read, accepted and unconditionally agreed to these Terms and Conditions and any other applicable terms. The Privacy Policy
How You may accept the Terms and Conditions,
How Samsung may change the Terms and Conditions, and
How You or Samsung may terminate Your account
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. Terms and Conditions and any Special Terms may be accepted by clicking 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 access or actually start to use the Services. In this case You understand that You are bound by and Samsung will treat You as being bound by the Terms and Conditions from the moment You access or start using the Services.
2. Changes to the Terms and Conditions
2.1. Samsung reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of these Terms and Conditions at any time.
2.2. When Samsung amends these Terms and Conditions, we will revise the “last updated” date located at the bottom of these Terms and Conditions. For changes that we consider to be material, we will place a notice on the Website by revising the link on the homepage to read substantially as “Updated Terms and Conditions” for a reasonable amount of time. If you provide information to us or access or use any Samsung Service in any way after these Terms and Conditions have been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions.
3. Termination
3.1. As long as You comply with these Terms and Conditions, Samsung grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
3.2. You close Your Account at any time.
3.3. You agree that Samsung may stop (permanently or temporarily) providing any or all of the Services (or any features within the Services) to You or to users generally at Samsung’s sole discretion, without prior notice to you.
3.4. Without limiting the generality of the foregoing, Samsung is entitled to disable your account at any time and without observing any notice period if:
a. You are in breach of these 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 these 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; or
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 agree that if Samsung disables access to your account, you may be prevented from accessing the Services, your account details or any files, "User Content" (as defined herein) or Third Party Products that are stored with your account. Samsung may in its sole discretion, however, allow You to backup Your User Content stored with Samsung through the Use of the Services. 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 these Terms and Conditions or any applicable Special Terms, You are permitted to, and You agree that You will, (1) use the Services for personal and non-commercial use and purposes only, (2) not reproduce, duplicate, copy, sell, trade or resell any of the Services or parts thereof, (3) not remove any proprietary notice language corresponding to the Services, and (4) make no modifications to any such Services.
4.3. You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Samsung server, or to any of the services offered on or through the Services, by hacking or any other illegitimate means.
4.4. 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.
4.5. 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.
4.6. From time to time, Samsung may discover a Third Party Product accessible through the Services that violates the legal agreements developers enter into with Samsung or it Subsidiaries, laws, regulations or other policies. You agree that in such an instance Samsung retains the right to remotely remove any such Third Party Product from your device in its sole discretion.
4.7. 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).
4.8. 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.
4.9. 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 or Third Party Products. You are entirely responsible to check with Your network provider whether any such costs may apply before using the Services or Third Party Products 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
Services originating from Samsung may communicate with Samsung servers from time to time to check for available updates, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Software Updates"). By using or installing these Services and/or Third Party Products, You agree to such automatically requested and installed 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 the applicable Third Party Product or the device used to access the Services..
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, without limitation, advertisements, promotional material, sponsored elements or other material.
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 hereby grant Samsung and Samsung's Subsidiaries 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") to the full extent necessary to provide 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.
8.6. If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a "Submission" and collectively, the "Submissions") despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. "Submissions" are separate and apart from User Content. None of the Submissions shall be subject to any obligation of confidence on the part of Samsung, and Samsung shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Samsung without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and You hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of Your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Samsung shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according You any compensation or credit. By submitting a Submission to any Samsung Service or Samsung, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions will not be acknowledged or returned. You agree and understand that Samsung is not obligated to use any Submission you make to any Samsung Service or Samsung and you have no right to compel such use. You hereby acknowledge and agree that Your relationship with Samsung is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Samsung does not place Samsung in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that Samsung has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by Samsung’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that You will not be entitled to any compensation as a result of Samsung’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a Samsung 's actual or alleged exploitation or use of any material You submit to any Samsung Service and/or Samsung, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and Your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Solely to avoid undue repetition, references to "Samsung" in this subparagraph shall be deemed to include Samsung Subsidiaries.
9. Samsung Services License
9.1. As between You and Samsung, Samsung owns all right, title and interest in and to the Services, including without limitation all applicable intellectual property rights or other proprietary rights in such Services, regardless of whether registered/legally secured or not.
9.2. Except for the rights granted to You in these Terms and Conditions and any Special Terms, Samsung retains all rights in or pertaining to the Services.
9.3. 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.
9.4. 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 and Account Data
11. Registration and Account Data
11.1. Certain Services or functionality offered on or through the Services may require You to register and open an account (including setting up a User ID and password ["Account Data"]). You agree to provide accurate, complete and up to date information when you register ("Registration Data"). You agree that Samsung may store and use the registration data you provide for use in maintaining and billing fees to your account. You are entirely responsible for maintaining the confidentiality of your Account Data, and for any and all activity that occurs under your account. You agree to notify Samsung immediately of any unauthorized use of your account or Account Data.
11.2. 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.
11.3. 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.
11.4. Samsung may regard any instructions to be from You if they are received from or issued by a User or third party using or providing your Account Data.
11.5. 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.
11.6. You will notify Samsung immediately by email to account.cs@samsung.com upon becoming aware of any unauthorized use of any of Your Registration Data or Account Data or any other breach of security.
11.7. 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].
12. Payments
12.1. Samsung may make available to you various payment processing methods to facilitate the purchase of Third Party Products through the Services. You agree to abide by any relevant Terms of Service or other legal agreement, whether with Samsung or a third party, that governs your use of a given payment processing method. You agree that Samsung reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.
12.2. When making purchases, content credits are used first, followed by gift certificate, and then your credit card or other payment processing account is charged for any remaining balance. Your total price will include the price of the Third Party Product plus any applicable sales tax. All sales are final.
12.3. You agree that you will pay for all Third Party Products you purchase through the Services, and that Samsung may charge your credit card or other payment processing account for any purchases through your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SAMSUNG WITH A VALID CREDIT CARD OR OTHER PAYMENT PROCESSING ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or payment processing account you designate during the registration process. If you want to designate a different payment processing account or if there is a change in your credit card other payment processing account status, you must change your information online, which may temporarily disrupt your access to the Services while Samsung verifies your new payment information.
12.4. Prices for Third Party Products offered via the Services may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
12.5. If a Third Party Product becomes unavailable following a transaction but prior to download, Your sole and exclusive remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Third Party Product, your sole and exclusive remedy is either replacement or refund of the price paid, as determined by Samsung.
13. Privacy and protection of personal data
13.1. See our [http://account.samsung.com/legal/pp] to learn more about how Samsung protects and handles Your personal data and information when You use the Services.
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 YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
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 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 ACTUAL 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. Language of this Agreement
Samsung may provide You with a translation of the English version of these Terms and Conditions. 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.
21. Procedure for making claims and notices regarding infringement of intellectual property rights and other rights
21.1. 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.
21.2. 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 [account.cs@samsung.com].
22. Confidentiality
22.1. 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.
22.2. 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 these Terms and Conditions.
22.3. Clause 22.1 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.
23. General provisions
23.1. 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.
23.2. 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.
23.3. If Samsung does not exercise or enforce any legal right or remedy which is set out in these Terms and Conditions 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.
23.4. If any provision of these Terms and Conditions 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.
23.5. Each of the Samsung's Subsidiaries is an intended third party beneficiary to these Terms and Conditions Agreement and shall be entitled to directly enforce and rely upon any provision of these Terms and Conditions 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 these Terms and Conditions.
23.6. You are not permitted to transfer, assign or otherwise dispose of these Terms and Conditions which is personal to You, or any of Your rights or obligations arising under these Terms and Conditions without the prior written consent of Samsung.
23.7. This Agreement and Your relationship with Samsung under these Terms and Conditions 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.Subject to Samsung right to seek injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, You unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Samsung and its Subsidiaries (all such individuals and entities collectively referred to herein as the “Samsung Entities”) arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS or another mutually-acceptable alternative dispute resolution provider ("Arbitration Tribunal") and conducted before a sole arbitrator in accordance with the rules of the Arbitration Tribunal; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce in the United States, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitrator’s decision shall be controlled by these Terms and Conditions and any of the other agreements referenced herein that the applicable User may have entered into in connection with the Services; (4) the arbitrator shall honor claims of privilege recognized at law; (5) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Samsung Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (6) the arbitrator shall not have the power to award punitive damages against you or any Samsung Entity; (7) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Samsung Entity exceed $125 USD, and You are unable (or not required under the rules of the Arbitration Tribunal) to pay any fees and deposits that exceed this amount, Samsung agrees to pay them and/or forward them on Your behalf, subject to ultimate allocation by the arbitrator. In addition, if You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Samsung will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (8) with the exception of subparts (5) and (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of the Arbitration Tribunal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (5) or subpart (6) is found to be invalid, unenforceable or illegal, then if Samsung so elects, the entirety of this arbitration provision shall be null and void, and neither You nor Samsung shall be entitled to arbitrate their dispute.
Samsung Apps Terms and Conditions for
Users
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 (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 Co., Ltd, whose principal place of business is at 416, Maetan-3 dong, Yeongtong-gu, Suwon-City, Gyeonggi-do, 443-742, South Korea. 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 and it is the third party and not Samsung who has the contractual obligation to you.
Samsung reserves the right to charge for Applications. If we do this, we will give you reasonable advance notice and you will be required to register with us so that you can pay for the Applications. Failure to register will mean that you cannot receive Applications anymore.
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 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. Receiving Applications using the STORE
4.1 To receive Applications from the STORE, you will need to agree to these Terms. We will only supply Applications 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).
4.2 Even though we do not charge for Applications, to receive Applications, you will need to follow our process. You can only receive Applications through this process.
4.3 On the STORE, we make available Applications either from third parties or Samsung developed Applications.
4.4 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 choose to receive the Application.
4.5 Samsung Applications are licensed to you by Samsung.
5. License of Application
5.1 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.
5.2 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.
5.3 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 (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. Licences are non-transferable and non assignable.
5.4 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.
6. System Requirements
6.1 Use of the Services requires a device which is compatible with the Services. Use of the Services 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.
7. Content Classification of Applications
7.1 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.
8. Charges for data services
8.1 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.
9. Proprietary rights
9.1 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).
9.2 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.
9.3 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.
9.4 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.
9.5 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.
10. Software updates and availability of Services
10.1 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.
10.2 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.
11. Liability
11.1 Nothing in these Terms excludes our liability (if any) to you for:
(a) personal injury or death resulting from our negligence;
(b) fraud; or
(c) 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:
(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; or
(c) 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.
As you are not paying for any Applications, we are not responsible to you for any direct or indirect losses which you may incur during use of the Services or Applications except as set out in the Licensed Applications End User License Agreement. Our liability to you shall not in any circumstances include any losses that you may incur, including but not limited to lost data, lost profits or business interruption. The limitations and exclusions of liability set out in this section shall not exclude or limit Samsung’s liability for losses which may not be lawfully excluded or limited by law.
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 and/or any other applicable terms.
The Applications, 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.
You understand that by using the Services, you may encounter material that may be deemed offensive, indecent, or objectionable. You agree to use the Service at your sole risk and that Samsung shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Application content classifications are provided for convenience only, and you acknowledge and agree that Samsung does not guarantee their accuracy.
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.
Nothing in these Terms shall affect your statutory rights as a consumer.
12. Copyright and trade mark policies
12.1 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.
13. Advertisements
13.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions..
13.2 The manner, mode and extent of advertising by Samsung on the Services are subject to change without specific notice to you.
13.3 In consideration of Samsung granting you access to and use of the Services, you agree that Samsung may place such advertising on the Services.
14. Other content
14.1 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.
14.2 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.
14.3 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.
15. Changes to the Terms
15.1 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.
15.2 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.
16. General legal terms
16.1 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.
16.2 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.
16.3 You agree that Samsung may provide you with notices, including those regarding changes to the Terms by postings on the Services.
16.4 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.
16.5 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.
16.6 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.
16.7 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.
16.8 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.
16.9 The Terms, and your relationship with Samsung under the Terms, shall be governed by the laws of the Republic of Korea without regard to its conflict of laws provisions. You and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in Seoul, the Republic of Korea 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
1.1 This end user Application licence (“Licence”) allows you to use content and other Applications (“Applications”) made available on Licensor’s Application Store (“Store”) subject to the terms of the Licence. This Licence is a legally binding agreement between you and the Licensor of the Application.
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 USD 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 may 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 you 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 the Republic of Korea.
8.2 The courts in Seoul, the Republic of Korea 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
9.1 You acknowledge and agree that notwithstanding the fact that this Licence is governed by the laws of the Republic of Korea, 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.
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. 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.
Last updated : 30 July 2010