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Social Networking

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BuddyFix

Seller	Cheng Luo © SERI
Released	10-Feb-2011
Age	All age
Language	English
Category	Social Networking
Type	Application

Version	2.0.1
Updated	11-Jul-2011
OS	bada
Compatible OS	1.2 +
Size	0.85MB

Available device	See available device

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Description

=== New Features for v2.0.1=== + Send your location via SMS/MMS + Post your location to Facebook friends wall privately + New message/invitation notification + Share location with non-bada devices BuddyFix allows you, your friends and family to keep connected easily and visually. You can fix your buddy's location (where and when) and start conversations with one or multiple friends. It demonstrates the potential how a mobile application should best utilize the social and location features on bada.

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United Kingdom

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Terms and Conditions

Samsung Service Terms and Conditions

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

Samsung Apps Terms and Conditions for Buyers
1. Your use of our Services
1.1 Your use of the Samsung Apps website at www.samsungapps.com and any other application, software, services, websites, wap and other related services provided by us or any third party designated by us (“STORE”) (collectively “Services” excluding any services provided to you by us, Samsung, under a separate written agreement) is subject to the terms set out below and any other terms applicable to you from time to time, including but not limited to, Samsung’s privacy policy (collectively “Terms”).
By using the Services, you can (1) download and access updates to certain applications already provided on your mobile phone as well as any related content, (2) download additional optional applications for your mobile phone, and (3) access content and other software applications (collectively “Applications”).
“We” or “Samsung” means Samsung Electronics GmbH, whose principal place of business is at Am Kronberger Hang 6 65824 Schwalbach/Ts., Germany, unless explicit reference is made to a different Samsung entity acting as the seller for an Application. In such case you are contracting with said Samsung subsidiary and “We” or “Samsung” means the specified Samsung subsidiary . You may contact us at the Help menu of the STORE .
It is important that you take the time to read these Terms. These Terms and any of the documents referred to in the Terms form the legally binding agreement between us relating to the Services and your use of the STORE.
Most of the Applications within the STORE are produced by third parties but Samsung also supplies some of the Applications. In both cases, you will be contracting with Samsung and Samsung has the contractual obligation to you.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. If you do not accept the Terms, you will not be able to access the Services.
2.2 You may not use the Services and may not accept the Terms if (a) you are under 18 (but if you are between 13 and 18 and you have your parent’s consent, you may use the Services) (b) you are a person barred from receiving the Services under the applicable laws of the United Kingdom or the country in which you are resident or from which you use the Services or (c) you are in a country to which we do not provide the Services.
2.3 If you are between the ages of 13 and 18 and you use the Services, we may ask you to confirm that you have had your parent’s permission and that they have agreed to these Terms on your behalf - even if we do not do this, we shall assume that this is the case and will provide the Services on this basis.
3. Service Territory
3.1 The Service is available only in certain countries. If you are not in one of these countries, you may not use or attempt to use the Services. The STORE may use technologies to verify such compliance.
4. Registration for Services
4.1 In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services, or as part of your continued use of the Services.
4.2 You may be required to provide a username using your email address, your date of birth and passwords to create your account with us (“STORE Account”). You understand that you are responsible for maintaining the confidentiality of your username, your date of birth and passwords. Accordingly, you agree that you will be solely responsible to Samsung for all activities that occur under your STORE Account and we are not responsible for problems with your STORE Account due to misuse of your username, the date of birth and/or passwords. If you become aware of, or suspect, any unauthorized use of your username, your date of birth, passwords or of your STORE Account, you agree to notify us immediately at the Help menu of the STORE .
4.3 Upon completion, verification and acceptance by us of your registration data you will be given STORE membership as a buyer.
4.4 You can opt for the credit card settings option or mobile payment options when you submit your registration data or when you purchase Applications (by providing your credit card details at that point). Your credit card information and billing information will be stored, managed and kept by credit card companies or our payment gateway provider. Their privacy policies will apply in relation to your credit card information and other personal details submitted to them. Samsung does not store, manage and/or keep your credit card information.
4.5 If your residency does not match with your credit card details or phone billing details, you cannot purchase Applications.
4.6 You can also register as a seller using your Buyer ID. Additional terms apply to seller members of the STORE.
4.7 You can register with the STORE either on a computer or through your mobile device.
5. Privacy and your personal information
5.1 In order to make the Services available to you and process the transactions contemplated by these Terms, Samsung will have to collect information and/or personal data from you. This information may be subject to data privacy laws in your jurisdiction.
5.2 The data and/or information collected will be used in accordance with Samsung’s privacy policy . This policy explains how Samsung treats your personal information, and protects your privacy, when you use the Services.
5.3 You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. The STORE may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete.
5.4 You agree to the use of your data in accordance with Samsung’s privacy policies.
6. Ordering Applications using the STORE
6.1 To order Applications from the STORE, you will need to register with us and agree to these Terms. We only accept orders if you are 18 years or older (or if you are 13 or over but younger than 18, then when you are under parental supervision and on the understanding that a parent has agreed to these Terms on your behalf).
6.2 To order Applications, you will need to follow our ordering process. We only accept orders through this process.
6.3 On the STORE, we make available Applications either from third parties or Samsung developed Applications. In both cases, Applications are licensed to you by Samsung.
6.4 You will pay the price for the Application to Samsung or to your mobile operator if you have elected to pay via your mobile phone operator.
6.5 There will only be a legally binding order when we either deliver the Application to your device or we email you our order confirmation, whichever happens first. We are not obliged to accept your order.
7. License of Application
7.1 The contents, applications and other software applications made available through the Service are licensed, not sold, to you. Your license to each Application you obtain through the Service is subject to your acceptance of the Licensed Application End User License Agreemen t set forth below and you agree that the terms of this Licensed Application End User License Agreement will apply to each Application you license from the Services. All rights not expressly granted to you are reserved.
7.2 Please note that the price charged for the Application is liable to change and the currency or price may vary depending on the country of your residency.
7.3 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.
7.4 You understand that the Services and Applications licensed through the Services, include a security framework using technology that protects digital information (“Security Framework”). Your usage of the Applications is limited to certain usage rules established by Samsung and its principals set out in these Terms. You acknowledge that your usage of the Applications is limited to such rules. You agree to use Applications in compliance with such rules.
8. System Requirements
8.1 Use of the Services requires a device which is compatible with the Services. Use of the Services may require a device such as a computer with the Samsung Kies application installed, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and internet access, your ability to use the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Services are not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Services.
9. Content Classification of Applications
9.1 Where applicable, we will try and provide a content classification for each Application we place on the STORE in accordance with applicable standard classification procedures in your jurisdiction. Where the Application is developed by a third party, we will rely on the classification provided by that third party.
10. Payment Methods
10.1 You can pay for Applications either by credit card or by a mobile phone billing service.
10.2 Payment by mobile phone billing service includes P-Mo/MT. Such service may be limited or unavailable depending on mobile operators and/or telecommunication infrastructure of the country you reside in.
10.3 When you download Applications by mobile phone, Samsung shall send you an email invoice, SMS message or statement specifically setting out the price you should pay for the Applications only, exclusive of the telecommunication charges which shall be billed by the relevant mobile operator. Samsung is not liable for the telecommunication charges.
Your use of Services may entail transmission of data through services provided by mobile operators you use. Therefore, they may charge you for use of their services by way of mobile phone billing. If you license Applications by credit card, credit card companies will invoice you for the price paid for the license.
11. AGREEMENT TO PAY
11.1 You agree to pay for all Applications you license through the Services, and that Samsung may charge your payment card or credit card setting account for any Applications licensed, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing Samsung with valid mobile phone billing account or credit card setting account details for payment of all fees. All fees will be billed to the mobile phone billing account or the credit card settings account, you designate during the registration process. If you want to designate a different mobile phone billing account or if there is a change in your mobile phone billing account or credit card settings account status, you must change your mobile phone billing account or credit card settings account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Samsung can verify the validity of the new mobile phone billing account or credit card settings account information.)
12. Refund Policy and cancellation rights
12.1 Applications successfully purchased are not subject to refund or cancellation.
If an Application has a material defect, the Application will be replaced, downloaded again or a coupon will be provided for an equivalent value to the purchase.
13. VAT
13.1 Payment for Applications is inclusive of value added tax at the applicable rate.
14. Proprietary rights
14.1 You acknowledge and agree that Samsung (or Samsung’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
14.2 Unless you have agreed otherwise in writing with Samsung, nothing in these Terms gives you a right to use any of Samsung’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
14.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Samsung, then you agree that your use of such features shall be in compliance with that agreement.
14.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
14.5 Unless you have been expressly authorized to do so in writing by Samsung, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
15. Software updates and availability of Services
15.1 The software which you use during the Services may automatically download and install updates from time to time from Samsung. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Samsung to deliver these to you) as part of your use of the Services.
15.2 Samsung reserves the right, in its sole discretion, to change, improve and correct the Services. The Services may not be available during maintenance breaks and other times. Samsung may also decide to discontinue the Services or any part thereof in its sole discretion. In such case, you will be provided with prior notification.
16. Ending your relationship with Samsung
16.1 This Agreement will continue to apply until terminated by either you or Samsung as set out below.
16.2 If you want to terminate the Agreement, you may do so by (a) notifying Samsung of your intention to terminate and (b) closing your STORE Accounts for all of the Services which you use by going through the process set out in this section, where Samsung has made this option available to you. You should notify us at the Help menu of the STORE . Upon receipt of your notice, we will give you a notice of closure of your STORE Account by email and your account will be closed. You will be required to settle (or we will settle) any outstanding sum by the next immediate payment/settlement date following the date of closure of your account. Termination of your relationship with Samsung as buyer will not affect your use of our Services as seller.
16.3 Samsung may at any time, terminate the Agreement with you by giving written notice of termination to the email address held in our records for you. Following delivery of this email notice, your account will be closed. You will be required to settle (or we will settle) any outstanding sum by the next immediate payment/settlement date following the date of closure of your account. Termination of your relationship with Samsung as buyer will not affect your use of our Services as seller.
17. Liability
17.1 Nothing in these Terms excludes our liability (if any) to you for:
• personal injury or death resulting from our negligence;
• fraud;
• any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
We do not warrant or guarantee that the Services 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.
We are only liable to you for direct losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access the Services. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption. In any event, our liability to you for any breach of this Agreement, negligence or other default shall not exceed the price of the Application in question.
By using the Services, you agree to indemnify Samsung and other companies and corporations in the Samsung group against any costs, damage, claims, liabilities and expenses incurred as a result of your breach of these Terms, the privacy policy and/or any other applicable terms.
The information, documents, software and other materials contained on the STORE website are provided “as is”. We try and ensure that such materials are accurate and up to date, but we cannot be responsible for any errors, faults or inaccuracies. Our liability to you as explained above remains unaffected by this.
To the fullest extent permitted by law, we expressly exclude all representations, conditions, warranties or other terms which apply to the Services and associated content/information including any implied warranties of satisfactory quality, merchantability, fitness for a particular or any purpose or non-infringement which might otherwise apply but for this clause.
If in a relevant jurisdiction, these limitations and exclusions are not permitted then our liability shall be limited and excluded to the fullest extent permitted by law.
NB: Nothing in these Terms shall affect your statutory rights as a consumer.
18. Copyright and trade mark policies
18.1 It is Samsung’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.
19. Advertisements
19.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
19.2 The manner, mode and extent of advertising by Samsung on the Services are subject to change without specific notice to you.
19.3 In consideration of Samsung granting you access to and use of the Services, you agree that Samsung may place such advertising on the Services.
20. Other content
20.1 The Services may include hyperlinks to other web sites or content or resources. Samsung may have no control over any web sites or resources which are provided by companies or persons other than Samsung.
20.2 You acknowledge and agree that Samsung is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
20.3 You acknowledge and agree that Samsung is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
21. Changes to the Terms
21.1 Samsung may make changes to the Terms from time to time. When these changes are made, Samsung will make a new copy of the Terms available at the STORE and any new additional terms will be made available to you from within, or through, the affected Services.
21.2 You understand and agree that if you use the Services after the date on which the Terms changed, Samsung will treat your use as acceptance of the updated Terms.
22. General legal terms
22.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
22.2 The Terms and the other documents referred to within the Terms constitute the whole legal agreement between you and Samsung and govern your use of the Services (but excluding any services which Samsung may provide to you under a separate written agreement), and completely replace any prior agreements between you and Samsung in relation to the Services.
22.3 You agree that Samsung may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
22.4 You agree that if Samsung does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Samsung has the benefit of under any applicable law), this will not be taken to be a formal waiver of Samsung’s rights and that those rights or remedies will still be available to Samsung.
22.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
22.6 You acknowledge and agree that each Samsung affiliated company shall be third party beneficiaries to the Terms and shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. For the purposes of this Agreement, an affiliated company of Samsung is any company, corporation, firm, partnership or other entity that controls Samsung, is controlled by Samsung or is under common control with Samsung; the term controls and controlled meaning the ability to direct the management of the relevant entity.
22.7 You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during its term.
22.8 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22.9 The Terms, and your relationship with Samsung under the Terms, shall be governed by the laws of England and Wales without regard to its conflict of laws provisions. You and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in London to resolve any legal matter arising out of or connected to these Terms (including non-contractual matters). Notwithstanding this, you agree that Samsung shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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

SUPPLEMENTARY FAMILY STORY TERMS OF SERVICE

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

1. Acceptance of the Family Story TOS

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

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

2. Provision of the Family Story services by Samsung

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

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

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

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

3. Your use of the Family Story services

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

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

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

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

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

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

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

4. Protection of privacy and content

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

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

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

2012-02-20

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