Friday, April 4, 2014

Samsung T&C

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 <http://account.samsung.com/membership/pp> 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 http://help.content.samsung.com upon becoming aware of any unauthorized use of any of Your Registration Data or Account Data or any other breach of security.
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/membership/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 [http://help.content.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.


2013-09-23




< Samsung Apps Terms and Conditions for Buyers >

1. Your use of Samsung Services
Your use of the Samsung Apps website at apps.samsung.com (“Store”) and any application, software, services, websites, WAP and other related services provided by us or any third party designated by us (collectively, “Services”, excluding any application, software or services provided to you by Samsung under a separate written agreement) is subject to the terms and conditions set out below (collectively, the “Terms”). Your use of the Services is also subject to Samsung’s privacy policy, located at http://www.samsung.com/us/common/privacy.html (the “Privacy Policy”), which is hereby incorporated with the Terms by this reference, and shall be subject to any other terms, policies and guidelines that Samsung may adopt for the Services from time to time.
“Samsung” means Samsung Electronics Co., Ltd, and Samsung Affiliated Companies, as defined in Section 16.5. You may contact us through the Help menu of the Store.
By using the Service, you can purchase, access and download the content and software applications available in the Store (“Application(s)”), including updates, either at no charge or for the price indicated. Applications available in the Store may be provided by third parties or Samsung. If you purchase a third party Application, you will enter into a contract directly with the third party Application provider, not Samsung.

2. Accepting the Terms
2.1 PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG RELATING TO YOUR USE OF THE STORE AND THE SERVICES. In order to use the Services, you must first agree to the Terms. If you do not accept the Terms, you may not use the Services.
2.2 Samsung may modify these Terms from time to time. If you continue to use the Service after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.
2.3 You may not use the Services or provide us with personal information if: (a) you are under the age of 18 or under the age of majority in your jurisdiction; however, if you are between 13 and 18 (or the age of majority in your jurisdiction) and you have obtained the permission from your parent or legal guardian for your use of the Services, and your parent or legal guardian agrees to these Terms on your behalf, you may use the Store or Services provided you comply with Section 2.3 below), (b) you are a person barred from receiving the Services under the applicable laws of the jurisdiction in which you are a resident or from which you use the Services, or (c) you are in a country or location to which Samsung does not provide the Services.
2.4 If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), before you use the Services, Samsung may ask you to confirm that you have obtained the permission of your parent or legal guardian, and that they have agreed to these Terms on your behalf. Even if Samsung does not do this, if you use the Services, you are representing the foregoing is true.

3. Service territory
The Service is made available only in certain countries and/or territories, at Samsung’s sole discretion. If you do not reside in one of these countries or territories, you may not use the Services. Samsung may use certain technologies to verify such compliance.

4. Registration
4.1 In order to access the Services, you will need to provide certain information about yourself as part of the registration process, or as part of your continued use of the Services. 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. Samsung may terminate your rights to all or part of the Service if any information you provide is false, inaccurate or incomplete.
4.2 You may be required to provide a username, using your email address and password to create your account to use the Services (“Account”). You understand that you are responsible for maintaining the confidentiality of your username and passwords. Accordingly, Samsung is not responsible for any issues arising from or relating to your Account due to your failure to protect your username and/or passwords. If you become aware of, or suspect any unauthorized use of your username, password or of your Account, you must notify us immediately through the Help menu of the Store.
4.3 You can opt for the credit card settings option when you submit your Registration Data or when you purchase an Application (by providing your credit card information at that point). Your credit card information and billing information will be stored, managed and kept by credit card companies or Samsung’s third party payment gateway provider. Their privacy policies will apply with regard to your credit card information and other personal information you submit.
4.4 You can also register as a seller using your buyer ID. Additional terms apply to seller members of the Store. Please refer to http://seller.samsungapps.com/help/termsAndConditions.as.

5. Privacy
Samsung respects your privacy. In order to make the Services available to you and process the transactions made by you, Samsung may collect certain information and personal data from you, and use such information and data in accordance with our Privacy Policy. Samsung may update the Privacy Policy from time to time, so please periodically review the Privacy Policy.

6. Purchasing Applications
6.1 As detailed in Section 7.2 below, each third party Application is licensed to you by the third party Application provider through a separate agreement between you and such third party Application provider. Samsung Applications are licensed to you by Samsung. In each case, you will pay the purchase price of the Application (if any) to Samsung, either by credit card or by a mobile phone billing service. Please note that the prices charged for the Applications are subject to change, and the currency or price may vary depending on your location.
6.2 The price for each Application is inclusive of sales, value added and all other applicable tax at the applicable rate. The price for each Application is exclusive of any telecommunication charges which may be billed separately by your mobile operator.
6.3 Your order for an Application is accepted when Samsung delivers the Application to your device or when Samsung emails you the order confirmation, whichever happens first. Samsung reserves the right, at its sole discretion, to accept or reject your order.
6.4 You agree to pay for all Applications you license through the Services. Samsung may charge you for all Applications purchased, 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 information. All fees will be billed to the mobile phone billing account or the credit card account you provide during the registration process. If you want to change your billing information, you may do so online at the “Account Information” section of the Store. There may be a temporary disruption of your access to the Services until Samsung can verify the validity of the new billing account or credit card account information.
6.5 Completed purchases are not subject to refund or cancellation. If an Application has a material defect, please contact us through the Help menu of the Store and the Application will be replaced, made available for downloaded again, or a coupon will be provided to you in the equivalent value to the Applications purchase price, which you may use for subsequent purchase(s) at the Store.

7. License of Application
7.1 The Applications and any other content made available to you through the Services are licensed, not sold, to you. Your license to each Application you obtain through the Service is subject to the applicable end user license agreement or other applicable end user terms of use. All rights not expressly granted to you are hereby reserved.
7.2 You acknowledge that your license of each third party Application through the Services is governed by a separate agreement between you and the third party Application provider only, and the third party Application provider is solely responsible for (a) the licensed third party Application, (b) the content and functionalities therein, (c) any warranties provided, and (d) any claims you may have relating to or your use of such third party Application. You acknowledge that Samsung is (i) acting solely as a distributor in providing the third party Application to you, (ii) is not a party to such license, and (iii) is not responsible for the third party Application, the content and functionalities therein, or any warranties or claims you may have relating to or your use of the third party Application.
7.3 The Services makes available Applications to end user customers for non-commercial uses only. You warrant and represent that you will download the Application you purchase only to your devices for your personal use.  Applications may be downloaded any number of times and to a number of your devices, but in any case no more than ten (10) that are registered to your Account, provided expressly that no more than one (1) copy is installed on a single device at any one time. You also acknowledge that: (a) Samsung may, in its sole discretion, set, reduce or change the number of your devices to which you can download the Applications; (b) some Applications, particularly Applications that you purchase inside or through an Application, paid or unpaid, do not allow downloading to multiple devices; and (c) not all of your devices, regardless of whether it is the same platform or not, may qualify for multiple downloading.
7.4 You understand that the Services and Applications include a security framework using technology that protects digital information (“Security Framework”). Your use of the Applications is limited to certain usage rules established by such Security Framework.

8. System requirements
Use of the Services requires a device which is compatible with the Services, and may require a device such as a computer, Internet access (fees may apply), and certain software (fees may apply), including 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 change from time to time, are solely your responsibility.

9. Proprietary rights
9.1 Samsung (and Samsung’s licensors, as applicable) owns all rights, title and interest in and to the Services, including all associated intellectual property rights, whether registered or not, and wherever in the world such rights may exist.
9.2 Nothing in these Terms gives you a right to use any of Samsung’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
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 or Applications.

10. Software updates and availability of Services
10.1 The Services may automatically download and install updates from Samsung from time to time. These updates may improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules or completely new versions. You agree to receive and allow Samsung to deliver such updates to you as part of your use of the Services.
10.2 Samsung reserves the right, at its sole discretion, to modify the Services at any time, with or without notice to you. The Services may not be available at all times, such as during maintenance breaks. Samsung may decide, at its sole discretion, to suspend or terminate the Services (or any part thereof) at any time.

11. Termination
11.1 These Terms will continue to apply until terminated by your or by Samsung in accordance with the terms herein.
11.2 If you want to terminate your Account, please notify us through the Help menu of the Store. Samsung will terminate your Account promptly upon receipt of your notice and provided that you have settled all outstanding amounts associated with your Account. When your account is terminated, all data or other information associated with your Account may be deleted permanently. Samsung shall have no liability for such deletion resulting from your Account termination. Termination of your Account as a buyer will not affect your use of the Services as a seller.
11.3 Samsung may, at any time and for any reason, terminate your Account or your use of the Services by providing you with written notice of termination at the email address you provided in your Registration Data. You will be required to settle all outstanding amounts due associated with your Account immediately upon termination. Termination of your Account as a buyer will not affect your use of the Services as a seller.

12. Disclaimers and Limitation of Liability
12.1 Third Party Websites and Content. The Services may include links to other websites and/or content. Samsung has no control over, and no responsibility or liability for, websites and content which are not provided by Samsung.
12.2 Disclaimers. THE SERVICES ARE PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, AND TO THE EXTENT PROHIBITED BY LAW, SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE WILL (I) BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, (II) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (III) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES, INTERFERENCES, CORRUPTION OR OTHER SECURITY INSTRUCTIONS, OR (IV) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM HACKING OR OTHER UNAUTHORIZED ACCESS.
12.3 Limitation of Liability. TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY, REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY SUCH PARTY FOR ANY CLAIM. IN NO EVENT SHALL SAMSUNG’S AGGREGRATE LIABLITY TO YOU UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE APPLICATION.

13. Indemnification
You will indemnify, release and hold harmless Samsung, its licensors, and all officers, directors, agents and employees of Samsung and its licensors, and any party acting on Samsung’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees arising out of (i) any use of the Services by you or by any person that you allow to use the Services not in accordance with these Terms, (ii) any breach of these Term by you or by any person that you allow to use the Services or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Services.

14. Copyright protection
Samsung will respond to notices of alleged copyright infringement and may terminate the accounts of alleged infringers. If you believe a third party is infringing your copyrights, please contact us through the Help menu of the Store.

15. Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. As consideration for access to and use of the Services, you agree that Samsung may place advertising on the Services at its sole discretion.

16. General legal terms
16.1 These Terms and all other terms and policies referred to herein constitute the entire legal agreement between you and Samsung governing your use of the Services and supersede any prior agreements between you and Samsung relating to the Services, excluding any application, software and services which Samsung may provide to you under a separate written agreement.
16.2 You agree that Samsung may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services.
16.3 You agree that if Samsung does not exercise or enforce any rights or remedy which is contained in the Terms or which Samsung has at law or in equity, such omission will not be taken to be a waiver of any or all such rights and remedies, and that those rights and remedies will remain available to Samsung.
16.4 If any court of law with competent jurisdiction rules that any provision of these Terms is invalid, such 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.
16.5 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 these Terms, which confer a benefit on or rights in favor of each Samsung Affiliated Company. Other than the foregoing, no other person or company shall be third party beneficiaries hereunder. For the purposes of herein, an “Affiliated Company” of Samsung is any company, corporation, firm, partnership or other entity that controls , is controlled by, or is under common control with Samsung; the terms “controls” and “controlled” mean the ability to direct the management of the relevant entity.
16.6 You may not transfer, assign, charge or otherwise dispose of these Terms, or any of your rights or obligations arising under these Terms. Samsung may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under these Terms, at any time.
16.7 These Terms, and your relationship with Samsung under these Terms, shall be governed by the laws of the State of California without reference to provisions on conflict of law. Notwithstanding the foregoing, Samsung has the right to seek injunctive remedies or an equivalent urgent legal relief in any jurisdiction.
16.8 By using the Services, you unconditionally consent and agree that: (a) any claim, dispute or controversy (whether in contract, tort, or otherwise) you may have against any Samsung Affiliated Company, the officers, directors, agents and employees of any Samsung Affiliated Company (“Samsung Entity(ies)”) arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this provision, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (b) this provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (c) the arbitration shall be held in San Jose, California; (d) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any other agreements, policies, guidelines and terms referenced herein that you have agreed to in connection with the Service or Store; (e) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (f) 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; (g) the arbitrator shall not have the power to award punitive damages against you or any Samsung Entity; (h) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Samsung Entity exceed One Hundred Twenty-Five US Dollars (US$125), and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Samsung agrees to pay and/or forward such fees 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 determines necessary to prevent the arbitration from being cost prohibitive; and (i) with the exception of subsection (f) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, 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, subsection (f) above is found to be invalid, unenforceable or illegal, the entirety of this arbitration provision shall be null and void, and neither you nor Samsung shall be entitled to arbitrate the dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

END USER LICENSE AGREEMENT

This End User License Agreement ("Agreement") is a binding contract between you and Samsung which governs your use of the application provided by Samsung (the “Application”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE APPLICATION BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG.
THE APPLICATION IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THE APPLICATION OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian and that you and your parent or guardian understand and consent to these terms and conditions. If you are a parent or guardian permitting a person under the age of 18 ("Minor") to use the Application, you agree to: (i) supervise the Minor's use of the Application; (ii) assume all risks associated with the Minor’s use of the Application, including the transmission of content to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of the Application; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of the Application.
BY ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND YOU AGREE TO COMPLY WITH AND BE BOUND BY ITS TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE APPLICATION. YOUR USE OF THE APPLICATION IS SUBJECT TO THE PRIVACY POLICY THAT APPLIES TO THE SERVICE, LOCATED AT http://www.samsung.com/us/common/privacy.html ("PRIVACY POLICY"), WHICH IS HEREBY INCORPORATED BY THIS REFERENCE, AND OTHER POLICIES, GUIDELINES AND TERMS THAT SAMSUNG MAY ADOPT FROM TIME TO TIME.
Samsung may modify this Agreement from time to time. If you continue to access or use the Application after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.

1. LICENSE
1.1 Grant of License. Subject to the terms and conditions of this Agreement, Samsung hereby grants to you, and you accept, a limited, personal, nonexclusive, nontransferable and revocable license to use the Application only as authorized in this Agreement. The Application is only for your own personal use. You may not use the Application for any commercial purpose or in any way not expressly permitted by this Agreement. Your access to the Application is licensed, not sold. All references to the Application includes all related graphics, user interfaces, scripts and software used to implement and provide access to the Application, and any updates, upgrades, enhancements, modifications, revisions or additions to the Application made available to end users by Samsung. However, Samsung is under no obligation to provide any updates, upgrades, enhancements, modifications, revisions or additions to the Application.
1.2 Restrictions. You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the Application in whole or in part.

2. INTELLECTUAL PROPERTY, LICENSES
2.1 Ownership. The Application is proprietary to Samsung and its licensors (if any), and protected under applicable copyright, patent, trademark and trade secret laws. You further acknowledge and agree that, as between you and Samsung, Samsung owns and shall continue to own all right, title and interest in and to the Application, including associated intellectual property rights under the above referenced applicable laws. This Agreement does not grant you any ownership interest in or to the Application, but only a limited license to use that is revocable in accordance with the terms of this Agreement.
2.2 Right To Modify, Suspend or Discontinue Application. Samsung reserves the right to change the Application without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung and its licensors reserve the right to modify, suspend, remove or disable access to the Application, or discontinue the Application, in whole or in part, at any time without notice for any reason, and in no event shall Samsung be liable for any claims, costs or damages caused by or arising out of such actions.
2.3 Third Party Materials. The Application includes software developed by and data provided by third parties.

3. CONTENT; INFORMATION
3.1 Objectionable Content. You understand that by using the Application, you may encounter content that may be offensive, indecent, explicit or objectionable. You agree to use the Application at your sole risk and that Samsung shall have no liability to you for content that may be offensive, indecent, explicit or objectionable.

Your Information. If registration information is required, you agree to provide accurate, current and complete information required to register with the Application and/or at any other time as may be required in the course of using the Application. You further agree to maintain and update your registration information as required to keep it accurate, current and complete. Without in any way limiting or abrogating the Privacy Policy, you agree that Samsung may store and use the registration information you provide for maintaining your account and providing you with services relating to the Application.

4. TERM; TERMINATION
4.1 Effective Date. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, accessing or otherwise using the Application. The Application has no predetermined termination date and may continue until such time as Samsung decides to terminate the Application or when this Agreement is terminated consistent with the terms herein.
4.2 Termination by Samsung. If you fail, or Samsung reasonably suspects that you have failed to comply with any of the provisions of this Agreement, without limiting Samsung's other rights and remedies, all of which are expressly reserved, at its sole discretion and without notice to you, Samsung may immediately discontinue your access to the Application and terminate this Agreement.

5. INDEMNIFICATION
You will indemnify, release and hold harmless Samsung, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on Samsung’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, "Claims") arising out of (i) any use of the Application by you or by any person that you allow to use the Application that is not in accordance to the terms of this Agreement, (ii) any breach of this Agreement by you or by any person that you allow to use the Application or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Application.

6. DISCLAIMER
6.1 Disclaimer of Warranties. THE APPLICATION IS PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE APPLICATION, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE APPLICATION WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS OR (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS.
6.2 Disclaimer of Certain Damages. TO THE EXTENT PROHBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ITS LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.

7. PRIVACY
Samsung respects your privacy. The Privacy Policy governs how Samsung collects, processes, stores and uses information provided by you or relate to your use of the Application. Samsung may update the Privacy Policy from time to time, so please periodically review the Privacy Policy.

8. GENERAL TERMS
8.1 Choice of Law. This Agreement, including all revisions and amendments thereto, is governed by and construed in accordance with the laws of California, without regard to its conflict or choice of law principles.
8.2 Arbitration. By using the Application, you unconditionally consent and agree that: (i) any claim, dispute or controversy (whether in contract, tort, or otherwise) you may have against any Samsung entity, the officers, directors, agents and employees of any Samsung entity (the “Samsung Entity(ies)”) arising out of, relating to, or connected in any way with the Application or the determination of the scope or applicability of this clause, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this clause is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in San Jose, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any other agreements referenced herein that you have agreed to in connection with the Application; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) 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; (vii) the arbitrator shall not have the power to award punitive damages against you or any Samsung Entity; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Samsung Entity exceed One Hundred Twenty-Five US Dollars (US$125), and you are unable (or not required under the rules of JAMS) 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 (ix) with the exception of subsection (vi) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, 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, subsection (vi) above is found to be invalid, unenforceable or illegal, the entirety of this arbitration provision shall be null and void, and neither you nor Samsung shall be entitled to arbitrate the dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
8.3 Severability. If any term or provision of this Agreement is held to be void or unenforceable by any judicial or administrative authority, such determination shall not affect the validity of enforceability of the remaining terms and provisions of this Agreement. The remaining provisions of this Agreement shall remain in effect and shall be construed in accordance with its terms.
8.4 Survival. Sections 1.2, 2, 4, 5, 6 and 8 of this Agreement, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of this Agreement, and shall remain valid and binding.
8.5 Headings. The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
8.6 No Waiver. The failure of Samsung to enforce at any time any of the provisions of this Agreement, or the failure by Samsung to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Samsung to enforce such provision thereafter. The express waiver by Samsung of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. 2013-09-23




< SUPPLEMENTARY SAMSUNG MUSIC/MUSIC HUB TERMS OF SERVICE >

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

1. Acceptance of the Samsung Music/Music Hub TOS

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

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

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

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

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

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

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

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

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

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

3.3 The Contents and Samsung Music/Music Hub services are provided by Samsung pursuant to agreements between Samsung and Contents providers (or their agents or licensees) under which the Contents providers license certain specific rights related to the Contents. Samsung in operation of the Samsung Music/Music Hub services acts as agent of Contents providers (as of July, 2012, 7Digital is the main Contents provider). These agreements may require Samsung to black-out and restrict the availability of and your access to certain Contents or services for periods of time determined by Samsung and the Contents providers. You acknowledge that any purchase or downloads of any Contents owned or controlled by Sony Music Entertainment are sold or supplied directly by Sony Music Entertainment Downloads LLC (along with Sony Music Entertainment, “SME”) via Samsung as SME’s sales agent.  Furthermore, you agree that such purchase of Contents from SME by you shall be governed by the laws of the State of New York.

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

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

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

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

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

4. Protection of Privacy and Content

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

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

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


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

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

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

• your address, telephone number, and email address

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

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

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

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

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

5. Fees & Subscription

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

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

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

6. Warranties, Representations and Liability

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



2013-09-23




< SUPPLEMENTARY PERSONAL DATA MANAGEMENT TERMS OF SERVICE >

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

1. Acceptance of the PDM TOS

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

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

2. Provision of the PDM Services by Samsung

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

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

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

3. Your Use of the PDM Services

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

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

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

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

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

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

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

4. Protection of Privacy and Content

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

5. Fees

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

6. Warranties, Representations and Liability

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

6.2 You are responsible for backing up your Contents to your own storage devices or media as Samsung does not guarantee or warrant that you will always be able to retrieve the Content you store or back up through the PDM services. You acknowledge and agree that, despite Samsung’s due care in providing the PDM services, your Contents may be subject to inadvertent corruption or loss.
2013-09-23




SUPPLEMENTARY SAMSUNG BOOKS / READERS HUB TERMS OF SERVICE

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

1. Acceptance of the Samsung Books / Readers Hub TOS

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

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

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

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

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

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

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

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

3.1 In order to use the Samsung Books / Readers Hub services you are required to already have or open a new Samsung Account. In addition to the registration data you provide when opening the Samsung Account ("Registration Data") you may be required to provide additional information about yourself before you can continue to use the Samsung Books / Readers Hub services, purchase Content, or activate pre-loaded or pre-purchased Content through the Samsung Books / Readers Hub services ("Additional Data"). Such Additional Data may include, but shall not be limited to, your name, gender, resident country, birth date, payment information or other age verification information. You agree to provide and promptly update the Additional Data to keep it true, accurate, current, and complete. You agree that Samsung may store and use the Registration Data and the Additional Data you provide (including, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information) for use in maintaining your account and billing fees to you. Any personal information you provide in the will be collected in accordance with, and for the express purposes set out in the Samsung Account Privacy Policy <[ https://account.samsung.com/membership/pp >.

3.2 You may purchase Content via the Samsung Books / Readers Hub services, and you will be able to retain, view, read and use such purchased Content solely for non-commercial purposes. Fees associated with such transaction are non-recurring. In addition, Samsung, as an agent of the Content provider, reserves the right to change the cost of purchasing Content titles from time to time, with or without prior notice, and the fee applicable to your transaction will be the fee that was in effect at the time of the transaction. Each purchased Content title may be used on no more than five (5) Authorized Devices concurrently).  Samsung reserves the right to limit the number of times you may re-download a Content title after it is initially downloaded.  Once a Content title is purchased and you receive the Content title, the safekeeping of the Content title from loss, destruction or damage is your sole responsibility, and Samsung shall not be liable in the event of any loss, destruction, or damage.

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

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

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

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

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

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

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

4. Protection of Privacy and Content

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

5. Fees

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

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

5.3 You shall, in addition to the Content price required under this Samsung Books / Readers Hub TOS, pay all applicable sales, use, transfer, excise or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transactions contemplated under this Samsung Books / Readers Hub TOS. [Comment – “Agreement” is not defined]

6. No Reverse Engineering

6.1 You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Samsung Books / Readers Hub service, whether in whole or in part, or create any derivative works from or of the Samsung Books / Readers Hub service.

7. Warranties, Representations and Liability

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

8. Export

8.1 Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Samsung Books / Readers Hub service. If you are a U.S. Government end user, we are licensing the Samsung Books / Readers Hub service to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Samsung Books / Readers Hub service are the same as the rights we grant to all others under these Samsung Books / Readers Hub TOS.



2013-09-23




Article 1 (Purpose)

These Terms of Use are aimed at defining the rights, duties, responsibilities and other necessary issues between Samsung Electronics Co., Ltd. (hereafter referred to as “Samsung Electronics”) and the users who use all the services (hereinafter referred to as “services”) on the SMART APPLIANCE website (http://www.samsungsmartappliance.com) (hereinafter referred to as “the site”) operated by Samsung Electronics.

Article 2 (Definitions)

The terms used in the Terms of Use are defined as follows:
1. “Member” refers to somebody that provides his/her personal information to Samsung Electronics and accepts the Terms of Use when signing up with this site and using the relevant services.
2. "Withdrawal" means that a member terminates the service agreement unilaterally.

Article 3 (Effects and Revision of the Terms of Use)

① Samsung Electronics publishes these Terms of Use on the initial service screen. However, the entire contents of the Terms of Use are only displayed in a linked screen and they take effect when a user accepts these Terms of Use and signs into this site as a member.
② Samsung Electronics may revise these Terms of Use in ways that do not violate any relevant laws such as the "Enforcement Decree of the Regulation of Standardized Contracts Act", the "Act on Promotion of Information and Communication Network Utilization and information Protection, etc.".
③ If Samsung Electronics revises the Terms of Use, Samsung Electronics will post the effective date and the reason for the revision with the current Terms of Use on the initial service screen in the same way as in Clause 1, 7 days before the effective date until the day before the revised Terms of Use take effect. However, if the revision of the Terms of Use is unfavorable to member(s), they must be posted from 30 days before the effective date of the revised Terms of Use to 1 day before the effective date of the revised Terms of Use and users must be notified separately in a clear manner such as by sending them an individual email(s), etc.
④ Based on the previous clause, Samsung Electronics will post the notice and notify users clearly that the Terms of Use will be revised and that Samsung Electronics will regard the member to have accepted the revised Terms of Use in case he/she does not clearly express his/her refusal within 30 days. That is, if a member does not express his/her refusal clearly, Samsung Electronics will consider that the member has accepted the revision.
⑤ If members do not accept the revised Terms of Use, Samsung Electronics cannot apply the revised Terms of Use and members can terminate the service agreement. However, if there is any special reason that the existing Terms of Use cannot be applied, Samsung Electronics can terminate the service agreement.
⑥ If a member accepts the Terms of Use, the Terms of Use are applied to the services and will precede to any other agreements. Subject matter not specified in the Terms of Use shall be regulated in accordance with relevant laws and commercial practices.

Article 4 (Providing and Changing Services)

① The following services are provided by Samsung Electronics on this site.
1. Remote control of air conditioners.
2. Providing status information and control history of an air conditioner.
3. Other tasks designated by Samsung Electronics.
② Samsung Electronics can change services if there is an inevitable reason such as a modification to the technical specifications, etc. In this case, a description of the changed service with its effective date should be posted immediately where the current service is posted.
③ If necessary, Samsung Electronics may modify/change the air conditioner program through the internet without the additional consent of a member to automatically update the relevant service.
④ Samsung Electronics provides these services to members free of charge for 3 years from the purchase date of the product subject to these Terms and Conditions.
⑤ If the time period in the previous clause has passed, Samsung Electronics can change the free services into fee-based services. In this case, Samsung Electronics and the member should enter a new, separate agreement for the fee-based services.

Article 5 (Termination of Services, etc.)

① If maintenance, replacement or failure of computing devices and/or telecommunication equipment is required or occurrs; or a loss of communications occurs, Samsung Electronics may temporarily stop providing services.
② Unless Samsung Electronics intentionally committed an act or has acted in grossly negligent manner that resulted in the error or disruption, Samsung Electronics does not take any responsibility for the loss or damage incurred by users or third parties caused by a temporary disruption of services due to the reason in Clause 1.
③ If a service cannot be provided due to a change of business area, abandoning the business, merging with another company, etc., Samsung Electronics will notify users of this fact as designated in Article 8 and terminate part or all of the services.
④ Samsung Electronics does not take responsibility for terminating the services in the previous clause.

Article 6 (Use of Services)

① If a member wants to use the services, he/she should enter his/her personal information in the application form provided by Samsung Electronics and accept these Terms of Use.
② If the registered personal information in the previous clause has been changed, members should renew their member information immediately.
③ Even though the service is available 24 hours a day, Samsung Electronics may change the service hours if there is an unavoidable reason that requires carrying out specific work.

Article 7 (Withdrawal and Disqualification of Members, etc.)

① Members can request Samsung Electronics to terminate their membership at any time, and Samsung Electronics will process with a member’s withdrawal request immediately.
② If the following cases apply to any member, Samsung Electronics can restrict and suspend their membership.
1. If a member enters false information when registering.
2. If a member obstructs others in using services or unlawfully uses another person’s personal information.
③ If a member repeats the same behavior more than twice after Samsung Electronics has restricted/suspended his/her membership, Samsung Electronics can disqualify his/her membership.
④ If Samsung Electronics disqualifies a member, his/her member registration is canceled. In this case, the member is notified of his/her disqualification in accordance with Article 8 and given a chance to defend him or herself.

Article 8 (Notification to Members)

① In the event Samsung Electronics needs to notify members, Samsung Electronics can notify them via the email addresses they provided when registering.
② When notifying an unspecified number/class of members, Samsung Electronics can replace individual member notifications with a notice on the service bulletin board for over 1 week. However, subject matters that can significantly affect members will be notified each member individually.

Article 9 (Samsung Electronics Responsibilities)

① Samsung Electronics does not reveal or distribute personal information to others without the member’s consent. However, if a justified reason such as a request that follows the relevant laws occurs, Samsung Electronics may release the information.
② If a member raises any objections or request verification in relation to the use of services, Samsung Electronics will respond immediately.

Article 10 (Member Responsibilities)

① Members should comply with these Term of Use and related laws and not take any actions that may result in service hinderance.
② Members may not copy, reproduce, modify, transmit, publish, distribute, broadcast, translate and use any information arising from using the services, in any way, or provide it to others without the prior approval of Samsung Electronics.
③ Members must not commit any actions that conform to one of actions below. If members commit any of the following actions, Samsung Electronics may restrict/terminate/revoke their membership.
1. Commission of a crime or instigate/abet a crime.
2. Commission of treason.
3. Hinderance of good public customs and other social mores.
4. Action that disadvantages others such as harming their honor, interrupting their work, etc.
5. Action that causes telecommunication facilities to malfunction or information to be destroyed by circulating hacking programs, computer viruses, etc.
6. Infringement on another’s or a third party’s rights such as intellectual property rights.
7. Transmission of advertising or marketing information against the recipient’s wishes; or act to interrupt the stable operation of services by transferring a large amount of data, registering many posts, or committing any misdeeds against the desirable use of the service.
8. Commission of a misdeed which is banned by the relevant laws or these Term of Use or against good public customs or social mores.

Article 11 (Responsibilities of Member regarding ID and Password)

① Members are responsible for managing their own ID and password.
② Members shall not allow others to use their ID and password.
③ If a member learns that his/her ID and password have been stolen or are being used by another person, he/she must notify Samsung Electronics of this and follow any instructions received from Samsung Electronics.
④ Members must change their password every 90 days. If a member does not log in for more than 90 days, the account is converted to idle mode. In this case, members can access the account after obtaining the approval of Samsung Electronics.

Article 12 (Samsung Electronics’ Responsibilities)

① Samsung Electronics does not take responsibility for services provided free of charge.

Unless Samsung Electronics intentionally committed an act or has acted in grossly negligent manner that resulted in the error or disruption, Samsung Electronics does not take any responsibility for the loss or damage caused by one of the following reasons:
1. Loss or damage caused by a member’s password being used by a third party due to his/her improper management or by a member’s illegal action or carelessness.
2. Loss or damage caused by a member's inaction in verifying service statement or a member violating the items of these Terms of Use.
3. Loss or damage caused by a disruption or delay to a service provided by Samsung Electronics due to a Force Majeure such as a natural disaster, government regulation, blackout, fire, communications failure, etc.
③ Samsung Electronics does not take any responsibility for the reliability, accuracy, etc. of data transmitted and provided by third party sites.

Article 13 (Protection of Information)

Samsung Electronics does its utmost to protect its user’s personal information. The protection of a user’s personal information is provided subject to the "Privacy Policy" of Samsung Electronics and relevant laws.

Article 14 (Disputes Resolution)

① Samsung Electronics processes with any complaints or comments submitted by members at the highest priority. However, if it is difficult to respond immediately in a satisfactory manner, Samsung Electronics will notify users of the reason for this and the handling schedule as soon as possible.
② If a dispute arises between Samsung Electronics and a member, both parties should settle the dispute by mutual consent. However, if they fail to reach agreement, the dispute is settled in accordance with related laws and commercial practices.

Article 15 (Governing Law)

Subject matters not otherwise specified in the Terms of Use, shall be subject to the laws of the Republic of Korea and commercial practices.

2013-09-23




End-User License Agreement
Samsung Electronics Co., Ltd, whose principal place of business is at 416, Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea (and its subsidiaries and affiliates, hereafter "Samsung") is pleased to offer you a license to access the Samsung Media Hub (the “Service”), a platform for downloading movies, television shows, games and other entertainment (“Media”) onto your mobile telephone or other communications device, as authorized by Samsung (each, an “Authorized Device”). This End-User License Agreement (this "Agreement") is a legal contract between you and Samsung and governs the use of the Service. The Service is only for your own personal use. You may not use the Service for commercial purposes, or in any way that harms Samsung or any other person or entity, as determined by Samsung in its sole discretion. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU PROCEED WITH THE REGISTRATION PROCESS OR OTHERWISE ACCESS THE SERVICE OR ACTIVATE PRE-LOADED OR PRE-PURCHASED MEDIA THROUGH THE SERVICE BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY, AND SAMSUNG.
THE SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are a parent or guardian permitting a person under the age of majority in his or her home state (a "minor") to use the Service, you agree to: (i) exercise supervision over the minor's use of the Service; (ii) assume all risks associated with the minor’s use of Media or other content received through the Service, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume liabilities resulting from the minor’s use of the Service, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.
THE SERVICE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING OR USING THE SERVICE OR OBTAINING A LICENSE KEY TO THE SERVICE OR ANY MEDIA, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT, AND YOU UNCONDITIONALLY ACCEPT AND AGREE TO COMPLY WITH AND BE BOUND BY ITS TERMS. YOU ARE AGREEING TO THESE THINGS REGARDLESS OF HOW YOU ACCESS THE SERVICE, WHETHER THAT IS BY REGISTERING, THROUGH YOUR WIRELESS CARRIER, OR OTHERWISE. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD REFRAIN FROM ACCESSING OR USING THE SERVICE. YOUR USE OF THE SERVICE AND YOUR USE OF THE MEDIA IS SUBJECT TO THE PRIVACY POLICY THAT APPLIES TO THE SERVICE ("PRIVACY POLICY") AND OTHER POLICIES THAT SAMSUNG MAY ADOPT FROM TIME TO TIME AND ANY DOCUMENTATION ACCOMPANYING SUCH POLICIES (COLLECTIVELY, THE “DOCUMENTATION”). OTHER THAN AND EXCEPT FOR SUCH PRIVACY POLICY AND ANY SUCH OTHER AGREEMENTS AND DOCUMENTATION, WHICH FOR THE SAKE OF COMPLETENESS ARE INCORPORATED HEREIN BY THIS REFERENCE AUTOMATICALLY UPON THEIR ADOPTION, THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND SAMSUNG CONCERNING THE SERVICE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR AGREEMENT OR UNDERSTANDING YOU MAY HAVE HAD WITH SAMSUNG RELATING TO THE SERVICE.
SAMSUNG MAY MODIFY THIS AGREEMENT AT ANY TIME WITH OR WITHOUT PRIOR NOTICE EVEN THOUGH SUCH CHANGES MAY AFFECT YOUR ABILITY TO USE THE SERVICE OR ACCESS THE MEDIA. IF YOU CONTINUE TO ACCESS OR USE THE SERVICE IN ANY WAY AFTER THIS AGREEMENT HAS BEEN CHANGED, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND UNCONDITIONALLY AGREED TO SUCH CHANGES.
1. License:
1.1. Grant of License. Subject to the terms and conditions of this Agreement, Samsung hereby grants to you, and you accept, a limited, nonexclusive, nontransferable and revocable license to use the Service only as authorized in this Agreement. Your access to the Service is licensed, not sold. For purposes of this Agreement, references to the "Service" includes all related hardware, graphics, user interfaces, content, and the scripts and software used to implement the Service and access the Media, and any updates, upgrades, enhancements, modifications, revisions, or additions to the Service made by Samsung and made available to end-users by Samsung (unless accompanied by a separate license, in which case the terms and conditions of that license will govern to the extent of any conflict or inconsistency between the terms of that license and the terms of this Agreement). Samsung shall nevertheless be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Service. You may use one copy of the Service on each Authorized Device owned, leased or otherwise controlled by you.
1.2. No Copies or Modifications. You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or attempt, or encourage or assist any other person, to do any of the foregoing), in whole or in part, the Service, Media or other content obtained via the Service or any license keys you have obtained.
1.3. No Assignment of Rights. You may not (and you agree that you will not) sublicense, lease, rent, lend or otherwise transfer your rights in the Service, Documentation or license keys to any person or entity without prior written consent of Samsung, which may be granted or withheld in Samsung's sole discretion.
1.4 Restrictions on Viewing Media. Media may be downloaded via the Service on a rental basis or on a so-called "electronic sell-through" ("EST") basis. For Media downloaded on a rental basis, a single transaction is the rental and viewing (within the geographic limits described elsewhere in the Service interface or Documentation) of an individual Media file for the time period displayed during the rental process. For Media downloaded on an EST basis, a single transaction is retaining a copy of an individual Media file to view, use and privately display solely for non-commercial purposes. Fees associated with a single transaction are non-recurring. In addition, Samsung reserves the right to change the cost of renting or purchasing Media Titles from time to time, with or without prior notice, and the fee applicable to your transaction will be the fee that was in effect at the time of the transaction. Each Media title that is downloaded on an EST basis may be viewed on no more than five (5) Authorized Devices concurrently (or such lesser number as required under the license granted by the Media provider).  Samsung reserves the right to limit the number of times you may re-download a Media title after it is initially downloaded.  A rented Media title may be viewed on only one (1) Authorized Device, unless otherwise stated at the time of rental.  If streaming is permitted on the Service, a Media title may be streamed only to one (1) Authorized Device at a time.  Rented Media can only be accessed on one device at a time (the device you start watching the content on) and must be viewed within thirty (30) days from the date of the rental transaction (or such lesser time as the Media title may be available).  You may stop and restart viewing of rented Media titles, provided however that once you begin to view a rented Media title you will only have twenty four (24) consecutive hours to view the Media title, unless a different time period is stated at the time of rental.  Stopping, pausing or restarting a rented Media title does not extend the available viewing time.  In no event will a rented Media title be available for a period of more than thirty (30) days Once a Media title is purchased or rented (as applicable) and you receive the Media title, the safekeeping of the Media title from loss, destruction or damage is your responsibility, and Samsung shall be without liability to you in the event of any loss, destruction, or damage.

1.5 Blackout Periods. The Media is provided by Samsung via the Service pursuant to agreements between Samsung and Media providers under which the Media providers license certain specific rights related to the Media. These agreements may require Samsung to black-out and restrict the availability of and your access to certain Media, including Media that you have already downloaded, for periods of time determined by Samsung and the Media providers. On occasion, a Media file may become unavailable following a transaction but prior to download. Your sole and exclusive remedy under such circumstances is a refund of the price paid for the unavailable Media. Please contact 888-479-7800 for assistance in such cases.

1.6. Territory (U.S. SALES ONLY). The ability to download Media from the Service is being made available to you only in the United States and is not available in any other location. You agree not to access or use or attempt to access or use the Service from outside of the United States. Samsung may use technologies to verify such compliance.
2. Intellectual Property and Confidentiality:
2.1 Ownership. You acknowledge and agree that the Service contains proprietary information and material that is owned by Samsung and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to domestic and international copyright and trademark laws, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder.
2.2 Removal Rights. Samsung reserves the right to change the Service and the Media titles that are available on the Service without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung and its licensors reserve the right to change, suspend, remove, or disable access to the Service, in whole or in part, and/or any Media at any time without notice for any reason or no reason at all, and in no event will Samsung be liable for any claims, costs, or damages caused by or arising out of such actions.
2.3 Copyrights. All copyrights in and to the Service are owned by Samsung and/or its licensors, who reserve all their rights in law and equity. Other than and except as expressly permitted under this Agreement the use of the Service, in whole or in part, is strictly prohibited and any such unauthorized use may subject you to civil and criminal penalties.
2.4 Trademarks. All Samsung trademarks, service marks, graphics, and logos used in connection with the Service (and otherwise) are trademarks or registered trademarks of Samsung in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Media or other elements of the Service are owned or controlled by the licensor's of such Media and such other elements and are used on the Service with permission. This Agreement does not grant you any right, title or interest in such trademarks, service marks, graphics or logos.
2.5. Proprietary Rights to Service. You acknowledge that the Service and the Documentation are proprietary to Samsung, and the Service and Documentation are protected under United States copyright law and international treaties. You further acknowledge and agree that, as between you and Samsung, Samsung owns and shall continue to own all right, title, and interest in and to the Service and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any ownership interest in or to the Service or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this Agreement. .
2.6. Use Reporting, License Violations and Remedies. Samsung reserves the right to gather data on Service usage including license key numbers, and other information deemed relevant, to ensure that the Service is being used in accordance with the terms of this Agreement. Except as permitted in this Agreement, Samsung expressly prohibits simultaneous, multiple installations of our Service without Samsung’s prior written approval. Any unauthorized use shall be considered by Samsung to be a violation of this Agreement. Samsung reserves the right to remedy violations immediately upon discovery, by charging the then current list price of unauthorized keys or access to the Service to the credit card or wireless carrier account used to make the original, authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered to be violation of this Agreement and may result in immediate termination of this Agreement.
2.7. License Automatic Update and Expiration. Your license may include an expiration date that can result in the termination of the license. For permanent (non-rental) license keys, the license updates automatically unless if Samsung determines that a license is used in violation of the terms of this Agreement. If your license key is stolen, or if you suspect any improper or illegal usage of your license key, you should promptly notify Samsung of such occurrence. If a replacement license key is issued to you, the suspect license will be allowed to expire. For any recurring charges that are set up to be billed automatically, your payment must be processed prior to the expiration date in order for your viewing rights to continue without interruption. It is your responsibility to contact Samsung regarding any potential expiration that you deem inappropriate. Samsung shall not liable for any damages or costs incurred in connection with the expired licenses.
2.8. Confidentiality. You shall permit only authorized users, who possess rightfully obtained license keys, to use the Service and the Media. Except as expressly authorized by this Agreement, you shall not make the Service, the Media, or any license key available to any third party. You will immediately notify Samsung of, and you will cooperate with and assist Samsung in identifying and preventing, any unauthorized use, copying, or disclosure of the Service or the Media, in whole or in part.
3. General Considerations:
3.1. Objectionable Content. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, explicit 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, explicit or objectionable. Content types (e.g., genres, sub-genres, categories and sub-categories) and descriptions, if provided, are provided for convenience purposes only, and you acknowledge and agree that Samsung does not guarantee their accuracy.

3.2 System Requirements. Use of the Service requires one or more compatible Authorized Devices, 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 Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

3.3 Your Information. You agree to provide accurate, current, and complete information required to register with the Service and/or at other points as may be required in the course of using the Service, purchasing Media, or activating pre-loaded or pre-purchased Media through the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Samsung may terminate your rights to any or all of the Service or Media if any information you provide is false, inaccurate, misleading or incomplete. Without in any way limiting or abrogating the Privacy Policy, you agree that Samsung may store and use the Registration Data you provide (including, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information) for use in maintaining your account and billing fees to you.
4. License Fees:
4.1 Fees. The Service will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth by Samsung. The license fees paid by you are paid in consideration of the license granted under this Agreement. You agree to pay the charges that correspond to all content you download through the Service (including taxes and other applicable fees), and you expressly agree that Samsung may charge such fees and costs to your credit card, wireless carrier account or other payment processor as applicable as they are incurred. You are responsible for the timely payment of all fees and costs and for providing Samsung with valid payment account details for payment of all fees and costs. All charges will be billed to the account you designate during the registration process. If you want to designate a different account or if there is a change in your account status, you must accurately update your payment account information.
4.2 Media Prices. Your total price will include the price of the Media plus any applicable sales or other tax (in effect on the day of download). Samsung reserves the right to change prices for Media offered through the Service at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
4.3 Taxes. You shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, excise or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transactions contemplated under this Agreement.
5. Term and Termination:
5.1 Effective Date. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, accessing, or otherwise using the Service or any Media, even if you have not expressly accepted this Agreement. The Service has no predetermined termination date and may continue until such time as Samsung decides to terminate the Service.
5.2 Termination by Samsung. If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of this Agreement, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, without notice to you may: (i) terminate this Agreement, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the Service and/or the Media, in whole or in part.
5.3. Right To Modify, Suspend or Discontinue Service. Samsung reserves the right to modify, suspend, or discontinue the Service in whole or in part at any time with or without notice to you, and Samsung will not be liable to you or to any third party should it exercise such rights.
6. Indemnification:
You will, at your own expense, indemnify, release and hold Samsung, and its parent, subsidiaries and affiliates, and all officers, directors, and employees thereof, and anyone acting on Samsung’s behalf, harmless from and against any and all third party claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, "Claims"), arising out of (a) any use of the Service by you or by any person that you allow to use the Service, (b) any breach of this Agreement by you or by any person that you allow to use the Service, or (c) any violation of any laws or regulations or the rights of any third party by you or by any person that you allow to use the Service.
7. Disclaimer:
7.1 Disclaimer of Warranties. THE SERVICE, AND ALL MEDIA DELIVERED TO YOU VIA THE SERVICE, IS PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ANY MEDIA AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT:
(A) THE USE OF THE SERVICE OR MEDIA WILL NOT CAUSE ANY DAMAGE TO YOUR AUTHORIZED DEVICE OR TO ANY OTHER SERVICES OR SOFTWARE PROVIDED TO YOUR AUTHORIZED DEVICE OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR AUTHORIZED DEVICE;
(B) THE SERVICE WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR ERRORS, OR (iii) THAT THE SERVICE, INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED, WILL BE IMMUNE FROM UNAUTHORIZED ACCESS; OR
(C) THE MEDIA OR OTHER ONLINE CONTENT YOU RECEIVE TO YOUR AUTHORIZED DEVICE WILL BE FREE FROM TECHNICAL INACCURACIES OR ERRORS, OR THAT ANY CONTENT, INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF ANY VIRUSES, WORMS, OR ANY OTHER DESTRUCTIVE PROPERTIES, OR THAT THE ONLINE CONTENT WILL BE LEGAL OR THAT THE SERVICE OR ONLINE CONTENT WILL NOT VIOLATE ANY LAWS OR CONTAIN ANY OBJECTIONABLE MATERIALS.
SAMSUNG DOES NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; YOU ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
7.2 Disclaimer of Certain Damages. IN NO EVENT SHALL SAMSUNG BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU WILL NOT SEEK, AND HEREBY WAIVE, ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM SAMSUNG. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.
8. Compliance with Laws. Your actions using the Service must comply with all applicable laws, regulations, rulings and executive orders of any governmental authority relating to the exportation or importation of the Service, including but not limited to the export and destination control regulations for U.S. goods. This means that you may not export or re-export the Service or any part thereof to any country, person, entity, or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.
9. Privacy. Samsung respects your privacy. Samsung’s Privacy Policy governs how it uses information related to your use of the Services. The Privacy Policy is available online at www.samsung.com. Samsung may change the Privacy Policy without notice periodically, so you should periodically review the Privacy Policy. If Samsung changes the policy to allow use or disclosure of personal information in a way that, in Samsung’s sole determination, is materially different from that stated in the policy at the time the data was collected, Samsung will post notice of the change.
10. General Terms:
10.1. Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the United States and the State of Texas, without regard to the conflicts or choice of law rules thereof that would result in the application of any other jurisdiction's laws. Any claim or dispute arising in connection with this Agreement shall be resolved in the federal or state courts situated within Dallas County, Texas. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts; you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Samsung or its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit; and to pay the attorney's fees and court costs that Samsung may incur in seeking such relief.
10.2. Severability. If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation, and under such circumstances, the balance of this Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid or unenforcable provision were not contained herein.
10.3. Survival. Paragraphs 1.2, 1.3, 1.4, 1.5, 1.7, 2, 4, 5.2, 6, 7, and 10 of this Agreement, and any other provision that by its nature must logically survive, shall survive the expiration or earlier termination of this Agreement, regardless of the cause for termination, and shall remain valid and binding indefinitely.
10.4. Headings. The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
10.5. No Waiver. The failure by Samsung to enforce any rights granted or restrictions imposed hereunder or to take action against a user in the event of any breach hereunder shall not be deemed a waiver by Samsung as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Samsung's failure to exercise or enforce any right or provision of this paragraph shall not operate as a waiver of such right or provision.
10.6. Amendment. Samsung reserves the right, in its sole discretion, to amend this Agreement from time to time. If there is a conflict between this Agreement and the most current version of this Agreement, the most current version will prevail. Failure to accept amendments made to this Agreement may cause your license to the Service and Media to be immediately and automatically terminated.
10.7. Third Party Beneficiaries. Any third party that provides Samsung with Media for distribution via the Service is hereby deemed an intended third party beneficiary of this Agreement and shall have the right to enforce any and all obligations of users of the Service under this Agreement to the same extent as if such third party Media provider were a party to this Agreement and in every respect, at law or in equity.



2013-09-23




CHATON TERMS OF SERVICE

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


1. Acceptance of the ChatON ToS

1.1 BY USING THE CHAT-ON SERVICES, YOU AGREE TO BE BOUND BY THESE CHATON ToS. IF YOU DO NOT AGREE TO THE CHATON ToS, PLEASE DO NOT USE THE CHATON SERVICES.

1.2 THE CHATON SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF

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

1.3 If you access and use ChatON through you mobile phone number, you agree to enter your own mobile phone number and provide accurate information about yourself.


2. Provision of the ChatON Services by Samsung

2.1 Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the ChatON services for your personal use only, provided that you comply fully with the ChatON ToS. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the ChatON ToS.

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

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

2.4 Use of the ChatON services may require your device to have access or connection via mobile network or Internet (fees may apply), and certain software, and may require you to obtain updates or upgrades from time to time. Because use of the ChatON services involves hardware, software and Internet access, your ability to use the ChatON services may be affected by the suitability and performance of such system requirements. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. You also acknowledge that the ChatON services will not be available in all countries or on all devices, and the ChatON services may be subject to restrictions imposed by your network or Internet provider.

2.5 The Samsung software used for the ChatON services may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the ChatON services. While such updates are for enhancements of the ChatON services, in some circumstances some features may be discontinued. You agree that Samsung may modify or discontinue ChatON or its features with or without notice to you.

3. Your Use of the ChatON Services

3.1 In order to use the ChatON services, you are required to provide information about yourself before you can continue to use the ChatON services, either as part of your Samsung Account registration or ChatON services registration ("Registration Data"). You agree to provide accurate, current and complete Registration Data, and to update your Registration Data as required in order to keep it accurate, current and complete. In case Samsung adds fee-charging features to ChatON, you agree that Samsung may store and use the Registration Data you provide (including, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information) for the purpose of account maintenance and billing.

3.2 You understand that certain functions of the ChatON services are linked to other Samsung or third party services (“Linked Services”). By using any Linked Service, you permit such Linked Service to access and store some of your Registration Data, including but not limited to your mobile phone number, username and your buddy list for the sole purpose of providing such service. Your use of any Linked Service is subject to the terms and conditions of use established by the respective Linked Service provider.

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

3.4 You may not use the ChatON services for any purpose that is unlawful or prohibited by the ChatON ToS. You are specifically prohibited from using the ChatON services in connection with any contents that (i) are in violation of any third party’s rights, including intellectual property rights; (ii) are pornographic, abusive, threatening, defamatory, or otherwise illegal or in non-conformance with Samsung’s content guidelines; or (iii) contain viruses or other harmful software, code or other means that impact or limit the ChatON services or the devices running the services. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations. For a serious or repeated violation of third party’s intellectual property rights, Samsung reserves the right, at its sole discretion, to terminate your right to use the ChatON services.

3.5 You may not interfere or attempt to interfere with the operation or use of ChatON services by others in any way through any means or device, including but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. You may not, using the ChatON software and services, collect or harvest personal information, including account names and phone numbers.


4. Protection of Privacy and Content

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

4.2 You agree and acknowledge that you may be asked to provide certain personal information, such as your telephone number, user name, profile photos, and other personally identifiable information, as well as the telephone numbers on your contact list when you register for the ChatON services.

4.3 You agree that you do not own your ChatON username. Samsung reserves the right to reclaim your ChatON username if you discontinue your use of ChatON, or any user with trademark or other legal rights demands use of such username.


5. Fees and Advertisement

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


6. Voice and Video Communications

6.1 For some Samsung devices, we may make voice and video communication available to you as part of the ChatON services, subject to your network carrier’s policies and restrictions. Such additional voice and video communication functionality does not purport to be a replacement for your ordinary mobile or fixed-line telephone services. In particular, it does not allow you to make emergency calls to any emergency services.

6.2 ChatON’s voice and video communication function is available only between registered Samsung Account members.


7. Warranties, Representations and Liability

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


[End of ChatON Terms of Service]


2013-09-23




SUPPLEMENTARY Samsung WatchON TERMS OF SERVICE

Samsung WatchON, (which shall be called “Movies & TV Shows” on Samsung Smart TV, hereafter referred to as the Samsung WatchON)

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

1. Acceptance of the Samsung WatchON TOS

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

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


2. Provision of the Samsung WatchON Services by Samsung

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

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

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

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

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

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

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


3. Your Use of the Samsung WatchON Services

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

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

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

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

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

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

4. Protection of Privacy and Content

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

4.2 Samsung may gather certain usage data about your use of the Media solely for the purpose of providing you with Recommendations.

4.3 Samsung may disclose limited information about you (your name, e-mail address, GUID and your residence’s postal (or ZIP) code).

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


5. Fees

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

5.2 You shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, excise or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transactions contemplated under this Agreement. All the charges, whether billed by Samsung VOD Services or for the use of Partnership Services, are non-refundable.

5.3 You agree that the Samsung WatchON services provide only the billing services in connection with your use of the Partnership services. Any customer inquiries or questions, including but not limited to any billing-related questions or service quality issues, should be solely directed towards the applicable Partner Service provider.


6. Warranties, Representations and Liability

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

6.2 Samsung expressly disclaims any liability in connection with your use of the Media provided by the Partner Services. In connection with the Media provided by any Partner Service, you may bring any claim to or seek remedies from only the applicable Partner Service provider, limited by the applicable Partner Service terms of service.
2013-09-23




S TRANSLATOR TERMS OF SERVICE

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

1. Acceptance of the S Translator TOS

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

2. Provision of the S Translator Services by Samsung

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

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

3. Your Use of the S Translator Services

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

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

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

4. Protection of Privacy and Content

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

5. S Translator and Use of a Speech Recognition Service

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

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

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

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

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

5.6 Any and all Speech Data that you provide will remain confidential and will be used in accordance with applicable law but may be disclosed by Nuance, if so required, to meet legal or regulatory requirements, such as under a court order or to a government agency if required or authorized by law, or to a third party which acquires or merges with Nuance.
2013-09-23




Samsung Wallet Terms of Service
Welcome to Samsung Wallet.
PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR SAMSUNG WALLET (“SAMSUNG WALLET ToS”) CAREFULLY BEFORE USING SAMSUNG WALLET.
Samsung Wallet is a mobile application provided by Samsung Electronics Co., Ltd. and its affiliates (collectively, “Samsung”, “we” or “us”) which enables users (“You”, “Your” or “Users”) to store, manage, and redeem various electronic tickets, coupons or other items (the “Samsung Wallet”), including but not limited to boarding passes, event ticket, membership cards, coupons, and vouchers (each a “Ticket”, collectively “Tickets”).
This Samsung Wallet ToS govern the legal relationship between Samsung and you as related to Your use of the Samsung Wallet. Your use of Samsung Wallet is also subject to Samsung’s privacy policy, located at http://www.samsung.com/us/common/privacy.html ("Privacy Policy"), which is hereby incorporated by this reference, and other policies that Samsung may adopt from time to time.
This Samsung Wallet ToS supplements the Samsung Service Terms and Conditions (“Service Terms and Conditions”) available at [https://account.samsung.com/membership/terms] that You have already agreed to when You registered Your user account with Samsung (the “Samsung Account”). If you do not have a Samsung Account yet, please read the Service Terms and Conditions provided through this link [https://account.samsung.com/membership/terms] and open a new Samsung Account before using Samsung Wallet. The Service Terms and Conditions form an integral part of this Samsung Wallet ToS. In case of any inconsistency or conflict between the Samsung Wallet ToS and the Service Terms and Conditions, the terms of the Samsung Wallet ToS shall prevail but only as specifically related to the Samsung Wallet.
1 Acceptance of the Terms and Conditions
1.1 BY ACCESSING OR USING SAMSUNG WALLET, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND UNCONDITIONALLY AGREED TO THIS SAMSUNG WALLET ToS. IF YOU DO NOT AGREE TO THE SAMSUNG WALLET ToS OR TO THE SERVICE TERMS AND CONDITIONS, YOU MAY NOT USE SAMSUNG WALLET.
1.2 SAMSUNG WALLET IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If You are 13 or older but under the age of majority in your jurisdiction, You represent that You have reviewed these terms and conditions with Your parent or legal guardian to make sure that You and Your parent or guardian understand these terms and conditions. If You are a parent or guardian permitting a person under the age of majority in his or her resident jurisdiction (a "minor") to use Samsung Wallet, You agree to: (i) exercise supervision over the minor's use of Samsung Wallet; (ii) assume all risks associated with the minor’s use of Samsung Wallet, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume all liabilities resulting from the minor’s use of Samsung Wallet, including applicable payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.
1.3 Samsung may modify this Samsung Wallet ToS from time to time. If You continue to access or use Samsung Wallet after such modification, You will be deemed to have read, understood and unconditionally agreed to such changes.
2 Restrictions of Samsung Wallet
2.1 Samsung Wallet is available for qualifying Samsung devices. If Your Samsung device qualifies for the use of Samsung Wallet, Samsung grants You a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use the Samsung Wallet service for Your personal use only, provided that You comply fully with this Samsung Wallet ToS. You shall not interfere or attempt to interfere with the operation or use of Samsung Wallet in any way through any means or device including, but not limited to, spamming, hacking, and 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 Samsung Wallet at any time, and in no event shall Samsung be liable for any claims, costs or damages caused by or arising out of such actions.
2.2 You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) Samsung Wallet in whole or in part.
2.3 If You fail, or Samsung suspects that You have failed to comply with any provisions of this Samsung Wallet ToS, without limiting Samsung’s other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion and without notice to You, may (i) terminate Your use of Samsung Wallet; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to Samsung Wallet.
2.4 You acknowledge and agree that some of the functionalities or services offered by Samsung Wallet may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung, or by third party service provider, included but not limited to Linked Services providers.
2.5 Use of Samsung Wallet may require Your devices to have access or connection via mobile network or Internet (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of Samsung Wallet involves hardware, software, and Internet access, Your ability to use Samsung Wallet may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, are Your responsibility and that Your use of any third party service are subject to the terms and conditions of use established by the respective third party service providers.
2.6 Samsung Wallet may require You to download and install updates from time to time. You agree to such downloading and installation of updates as part of Your use of Samsung Wallet.
3 Your Use of the Samsung Wallet
3.1 In order to use Samsung Wallet, You are required to already have or open a Samsung Account. In addition to the registration data You provided about Yourself when opening the Samsung Account ("Registration Data"), You may be required to provide additional information (“Additional Data”) before You can use Samsung Wallet. Such Additional Data may include but is not limited to Your mobile phone number Your grocery loyalty card information (“Loyalty Card Information”), etc., which are required for the sole purpose of providing service to You. You agree to provide accurate, current and complete Additional Data and to update your Additional Data as required. Your Registration Data and Additional Data will be subject to the Privacy Policy, located at http://www.samsung.com/us/common/privacy.html, which is made part of this Samsung Wallet ToS.
3.2 You understand that certain functions of Samsung Wallet are linked to third party products and/or services (“Linked Services”) and other Samsung services. By using any Linked Service, You permit such Linked Service to access and store relevant portions of Your Registration Data and Additional Data, including but not limited to Your mobile phone number, username and Your Loyalty Card Information, as well as data triggered by and relating to the scanning of barcodes, such as location data, and purchasing information. By using Linked Services, You also permit Samsung to receive data and information about You from the applicable Linked Service providers, including but not limited to Your Ticket information and travel information. Your use of Linked Service is subject to the terms and conditions of use imposed by the applicable Linked Service providers. For the avoidance of doubt, Samsung is not responsible for, and hereby disclaims all liabilities relating to or arising from the Linked Service, including but not limited to quality, performance or malfunctions.
3.3 Samsung Wallet includes functionalities for storing and managing Your Tickets as well as a digital coupon service (“CPG Coupon Service”) which will enable Users to discover, select and load grocery and other similar coupons (“Load To Card Coupons”) to their grocery loyalty and/or shopper’s card(s)(each a “Loyalty Card”, collectively “Loyalty Cards”) for select grocery retailer(s) or other similar retailer(s) (each a “Grocery”, collectively “Groceries”). In order to use the CPG Coupon Service, You must be enrolled in a digital coupon program for the applicable Groceries and hold a valid Loyalty Card or have another means of identification associated with that Loyalty Card, such as a mobile phone number. The number of the Load To Card Coupons that can be loaded to each Loyalty Card or household may vary according to the policies of each Grocery. Because the CPG Coupon Service is provided by a Linked Service provider, Samsung is not responsible, and hereby disclaims all liabilities relating to or arising from the CPG Coupon Service, including but not limited to interruptions or failures.
3.4 In addition, Samsung Wallet may contain links to third party web sites or programs that are not controlled by or affiliated with Samsung. In all such cases, Samsung is not responsible, and hereby disclaims all liability relating to or arising from the content, offers, terms of service or privacy policies of such web sites and programs, including but not limited to Your redemption of such third party’s offers or a Grocery’s refusal to accept or honor any Load To Card Coupons.
3.5 You may not use Samsung Wallet for commercial purposes or for any purpose that is unlawful or prohibited by the Samsung Wallet ToS. You will not cause, solicit or allow use of the Samsung Wallet for fraudulent or wrongful purposes or to conduct unauthorized issuance, use or redemption of payments, gift/loyalty cards, coupons, and any other items of value. You are specifically prohibited from using Samsung Wallet in connection with any contents, services, programs or applications that (i) are in violation of any third party’s rights, including but not limited to intellectual property rights; or (ii) contain viruses or other harmful software, code or other means that impact or limit the functions or services provided by Samsung Wallet or the devices running Samsung Wallet. Samsung will respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations. If You fail to comply with this Section 3.5 or any other terms and conditions of the Samsung Wallet ToS, Samsung may immediately suspend or terminate Your right to use Samsung Wallet without notice to You.
4 Intellectual Property, Ownership
4.1 You acknowledge that Samsung Wallet is proprietary to Samsung and its licensors, and protected under applicable copyright, patent, trademark and trade secret laws. You further acknowledge and agree that, as between You and Samsung, Samsung owns and shall continue to own all right, title and interest in and to Samsung Wallet, including all associated intellectual property rights under the above referenced applicable laws. This Samsung Wallet ToS and Your use of Samsung Wallet does not grant You any ownership interest in or to Samsung Wallet, and you are granted only a limited license to use that is revocable in accordance with the terms of this Samsung Wallet ToS.
4.2 Samsung Wallet may include software and data provided by third parties.
5 Protection of Privacy and Content
Samsung is committed to the protection of Your personal data. To learn more about how Samsung protects and handles Your personal data and other information provided by You, please carefully read Samsung’s Privacy Policy, located at [http://www.samsung.com/us/common/privacy.html], which forms an integral part of this Samsung Wallet ToS.
6 Fees and Advertisement
Even though Samsung Wallet is initially offered to You only with free-of-charge features, Samsung reserves the right to add fee-charging features and functionalities in the future. Samsung also reserves the right to display advertisements in connection with the Samsung Wallet.
7 Indemnification
You will indemnify, release and hold harmless Samsung, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on Samsung’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, "Claims") arising out of (i) any use of Samsung Wallet by You or by any person that You allow to use Samsung Wallet that is not in accordance with the terms of the Samsung Wallet ToS, (ii) any breach of this Samsung Wallet ToS by You or by any person that You allow to use the Samsung Wallet or (iii) any violation of any laws, regulations or the rights of any third party by You or by any person that You allow to use Samsung Wallet.
8 Disclaimers
8.1 Disclaimer of Warranties. SAMSUNG WALLET IS PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, RELATING TO SAMSUNG WALLET, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT SAMSUNG WALLET WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS OR (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS.
8.2 Disclaimer of Certain Damages. IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY, REGARDLESS OF WHETHER OR NOT SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. SAMSUNG’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF SAMSUNG WALLET SHALL NOT EXCEED (i) THE ACTUAL VALUE OF THE AFFECTED TICKET(S), OR (ii) IF LIABILITY DID NOT ARISE FROM ANY TICKET(S), $100 DOLLARS USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
9 Governing Law. This Samsung Wallet ToS shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict or choice of law provisions. Except with respect to governing law, any claim or dispute arising in connection with this Samsung Wallet ToS or your use of Samsung Wallet shall be resolved as set forth in the Service Terms and Conditions, located at https://account.samsung.com/membership/terms.
2013-09-23




PEN.UP SUPPLEMENTARY TERMS OF SERVICE

PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR THE PEN.UP CAREFULLY BEFORE PARTICIPATING IN THE PEN.UP. PEN.UP is a software application for Samsung mobile devices and other internet-connected devices that allows users to upload a wide variety of content (each, a “Posting”, and collectively, the “Postings”). These Supplementary Terms of Service (“TOS”) for the PEN.UP govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the PEN.UP. These TOS supplement the Samsung Service Terms and Conditions ("Service Terms and Conditions") that you have already agreed to (or concurrently agree to along with these TOS) when opening a single sign on user account with Samsung (the "Samsung Account"). Please read the Samsung Service Terms and Conditions that are provided through this link https://account.samsung.com/membership/terms. The Samsung Service Terms and Conditions are incorporated into these TOS by this reference and shall remain in full force and effect according to their terms. The PEN.UP is one of the “Services” referred to in the Samsung Service Terms and Conditions and your Postings are one type of “User Content”. In the event of any conflict or inconsistency between these TOS and the Samsung Service Terms and Conditions, these TOS shall prevail, govern and control with respect to the PEN.UP.

1. Acceptance of these TOS
1.1 BY ACCESSING OR DOWNLOADING THE PEN.UP APPLICATION OR OTHERWISE USING ANY PART OF THE PEN.UP SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND UNCONDITIONALLY AGREED TO BE BOUND BY THESE TOS.
1.2 THE PEN.UP SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE. If you are 13 or older but under the age of 18, you represent that you have reviewed these TOS with your parent or legal guardian to make sure that you and your parent or guardian understand these TOS. If you are a parent or guardian permitting a person under the age of majority in his or her resident country (a "minor") to use the PEN.UP service, you agree to: (i) exercise supervision over the minor's use of the PEN.UP service; (ii) assume all risks associated with the minor’s use of the PEN.UP service including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume liabilities resulting from the minor’s use of the PEN.UP services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.

2. Provision of the PEN.UP Services by Samsung
2.1 Samsung grants you a non-exclusive, non-transferable, limited license, without right of sublicense to access and use the PEN.UP service for your personal use only, provided that you comply fully with these PEN.UP TOS.
2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these PEN.UP TOS, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, without notice to you may: (i) terminate your use of the PEN.UP service; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the PEN.UP service.
2.3 You acknowledge and agree that the PEN.UP service may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.
2.4 Use of the PEN.UP service may require your devices to have access or connection via mobile network or Internet (fees may apply), and certain software, and may require obtaining updates or upgrades from time to time. Because use of the PEN.UP service involves hardware, software, and Internet access, your ability to use the PEN.UP service may be affected by the suitability and performance of such system requirements. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. You also acknowledge that the PEN.UP service will not be available in all countries or on all devices, and the PEN.UP service may be subject to restrictions imposed by your network or internet provider.
2.5 Samsung’s software that you utilize for the PEN.UP service 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 PEN.UP service. While such updates are for enhancements of the PEN.UP service, in some circumstances some features may be discontinued. You agree that Samsung may modify or discontinue the PEN.UP service or its features, in whole or in part, with or without notice to you. Samsung reserves the right to change, modify, add, or remove portions of these TOS in its sole discretion with or without prior notice. When we amend these TOS, we will revise the “last updated” date located at the bottom of these TOS. If you access or use the PEN.UP in any way after these TOS have been changed, you will be deemed to have unconditionally consented and agreed to such changes.

3. Your Use of the PEN.UP Service
3.1 In order to use the PEN.UP service you are required to provide information about yourself by registering for a Samsung Account ("Registration Data") before you can continue to use the PEN.UP services. 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. You agree that Samsung may store and use the Registration Data you provide. If Samsung adds fee-charging features to the PEN.UP, your Registration Data may include, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information.
3.2 You understand that by using the PEN.UP service, you may encounter Postings that may be deemed offensive, indecent, explicit or objectionable. You agree to use the PEN.UP services at your sole risk and that Samsung shall have no liability to you for Postings that may be found to be offensive, indecent, explicit or objectionable.
3.3 You may not use the PEN.UP service for any purpose that is unlawful or prohibited by these TOS. You are specifically prohibited from using the PEN.UP service to post any Postings that (i) are in violation of any third party’s rights, including intellectual property rights; (ii) are abusive, harassing, hateful, racist, obscene, pornographic, abusive, threatening, defamatory, libelous or otherwise objectionable or illegal; (iii) that violate any community guidelines or content guidelines that Samsung may adopt from time to time; or (iv) contain viruses or other harmful software, code or other means that impact or limit the PEN.UP service or the devices running the services. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations. You acknowledge and agree that we may remove any content or information you post on the PEN.UP service which, as determined by Samsung at its sole discretion, may violate these TOS, Samsung’s content guidelines or any laws or regulations of applicable jurisdictions. For a serious or repeated violation of third party’s intellectual property rights, Samsung reserves the right, in its sole discretion, to terminate your right to use the PEN.UP service without any notice. IMPORTANT NOTE: Any user who incorporates any intellectual property or material owned by a third party into his or her Posting does so at his or her own risk. Without in any way limiting, expanding or amending the Samsung Service Terms and Conditions, if Samsung is duly notified that any element of Posting infringes upon the rights of another person and/or receives a legally valid request to remove the affected Posting from the PEN.UP because of such infringement, such Posting may be removed as Samsung may determine in its sole discretion.
3.4 You may not misrepresent yourself, your age or your affiliation with any person or entity, impersonate any person or entity, make false or misleading statements, use the PEN.UP in any manner that could damage, impair, disable, overburden or harm the PEN.UP service or circumvent the intended functionality of the service, or otherwise interfere with or attempt to interfere with the operation or use of PEN.UP service by others in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. You may not collect or harvest personal information, including, not limited to, username, names and other user’s profile, using the PEN.UP software and service. You will not post anyone's personally identifiable information on the PEN.UP service without such person’s express consent.

4. Privacy
4.1 You acknowledge and agree that you may be asked to provide Registration Data and certain other personal information such as your name, profile photos, date of birth, and other personally identifiable information when you register for the PEN.UP service.
4.2 The Samsung Account Privacy Policy governs how it uses information related to your use of the PEN.UP Service. The Privacy Policy is available online at http://account.samsung.com/membership/pp. Samsung may change the Privacy Policy without notice periodically, so you should periodically review the Privacy Policy. If Samsung changes the policy to allow use or disclosure of personal information in a way that, in Samsung’s sole determination, is materially different from that stated in the policy at the time the data was collected, Samsung will post notice of the change. The PEN.UP may offer you the possibility to connect your accounts from third party social media sites, such as Facebook, and Twitter, and Google + with the PEN.UP through an application programming interface (API) or other software. Without limiting or abrogating the disclosures made in the Samsung Account Privacy Policy, by allowing the PEN.UP to connect with your accounts on such third party sites, you consent to our accessing the information in those accounts, which information may include personally identifiable information such as your e-mail address, profile, and friend list.. You likewise consent to our publishing on the PEN.UP any such information or actions you take on such third party sites. Additionally, you understand that by accessing the PEN.UP via your social media or other third party account, activity you engage in through the PEN.UP may be published on the third party site. It is your choice whether to use any such third party sites. We recommend you review the privacy policies of each third party site before you share pages or information with your friends through those sites.
4.3 You agree that you do not own your PEN.UP username. Samsung reserves the right to reclaim your PEN.UP username in case you discontinue your use of PEN.UP or any user with trademark or other legal rights demands use of such username.

5. Sharing Your Content
5.1 You own the Postings that you post on the PEN.UP service and you are solely responsible to ensure that you have all rights that are legally necessary for use to post such Postings or otherwise submit such content and information to the PEN.UP service. When you publish content or information using the default public setting, it means that you are allowing everyone to access, use, download, and make derivative works of that information, and to associate it with your name and profile picture. If and when different privacy settings are enabled in the PEN.UP, you will be able to control how your Postings are shared through your privacy and application settings.
5.2 For content that is covered by intellectual property rights including drawings, writings, photos, pictures (“IP content”), then without limiting the rights and permissions granted to Samsung under the Samsung Service Terms and Conditions, you specifically grant Samsung a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the PEN.UP service (“IP License”). This IP License does not end when you delete your IP content or your account. You specifically understand and agree that when you delete IP content, the removed IP content may persist in backup copies for a reasonable period of time.

6. Fees and Advertisements
Even though the PEN.UP service will be initially offered to you only with free-of-charge features, Samsung reserves the right to add fee-charging features and functionalities in the future. Samsung also reserves the right to display advertisements in connection with your Postings or the provision of the PEN.UP service.

7. Disclaimer of Warranties and Limitation on Liability
THE PEN.UP SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES AND LIMITATIONS ON LIABILITY SET FORTH IN THE SAMSUNG SERVICE TERMS AND CONDITIONS SHALL BE FULLY APPLICABLE TO THE PEN.UP SERVICE. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE PEN.UP SERVICE.

8. Special Provision Applicable to Users within the United States: Copyright Agent
THE FOLLOWING PROVISIONS APPLY TO USERS AND NON-USERS WHO INTERACT WITHIN THE UNITED STATES:

If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send our Copyright Agent a notification with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.

Please send all of the above information to the Copyright Agent identified below. Please do not send notices or inquiries about anything other than alleged intellectual property infringement to our Copyright Agent:

Steve Merlis, Senior Counsel ? Federal Affairs
Samsung Telecommunications America, LLC
1200 New Hampshire Ave., N.W.
Suite 500
Washington, DC, 20036
Telephone: 202-552-7595
Email: copyrightagent@sta.samsung.com


2013-09-23




Samsung Smart Home Terms of Service
Welcome to Samsung Smart Home.
PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR SAMSUNG SMART HOME (“SAMSUNG SMART HOME ToS”) CAREFULLY BEFORE USING SAMSUNG SMART HOME.
Samsung Smart Home (“Samsung Smart Home” or “the Service”) is a mobile application and related service provided by Samsung Electronics Co., Ltd. and its affiliates (collectively, “Samsung”, “we” or “us”) which enables users (“You”, “Your” or “Users”) to remotely connect with any of the User’s products manufactured, distributed, or sold by Samsung to which the Service is applicable (“Product”) - including, but not limited to, washing machines, air conditioners, robot cleaners, cooking appliances, LED lights, smartphones, smartwatches, tablets and smart TVs – for the purposes of (i) controlling the Product(Device control), (ii) providing a view of the User’s home in real time through the Product’s built-in camera and/or sending a smart phone push message when any movement is detected within the User’s home(Home view), or (iii) any other services related thereto. You may also be able to use the Service in respect of Products manufactured, distributed or sold by a third party (“Partner”).
This Samsung Smart Home ToS governs the legal relationship between Samsung and You as related to Your use of Samsung Smart Home. Your use of Samsung Smart Home is also subject to Samsung’s privacy policy, located at https://account.samsung.com/membership/pp ("Privacy Policy"), which is hereby incorporated by this reference, and other policies that Samsung may adopt from time to time.
This Samsung Smart Home ToS supplements the Samsung Service Terms and Conditions (“Service Terms and Conditions”) available at [https://account.samsung.com/membership/terms] that You have already agreed to when You registered Your user account with Samsung (the “Samsung Account”). If You do not have a Samsung Account yet, please read the Service Terms and Conditions provided through this link [https://account.samsung.com/membership/terms] and open a new Samsung Account before using Samsung Smart Home. The Service Terms and Conditions form an integral part of this Samsung Smart Home ToS. In case of any inconsistency or conflict between the Samsung Smart Home ToS and the Service Terms and Conditions, the terms of the Samsung Smart Home ToS shall prevail but only as specifically related to Samsung Smart Home.
1 Acceptance of the Terms and Conditions
1.1 BY ACCESSING OR USING SAMSUNG SMART HOME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND UNCONDITIONALLY AGREED TO THIS SAMSUNG SMART HOME ToS. IF YOU DO NOT AGREE TO THE SAMSUNG SMART HOME ToS OR TO THE SERVICE TERMS AND CONDITIONS, YOU MAY NOT USE SAMSUNG SMART HOME.
1.2 SAMSUNG SMART HOME IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If You are 13 or older but under the age of 18, You represent that You have reviewed these terms and conditions with Your parent or legal guardian to make sure that You and Your parent or guardian understand these terms and conditions. If You are a parent or guardian permitting a person under the age of majority in his or her resident jurisdiction (a "minor") to use Samsung Smart Home, You agree to: (i) exercise supervision over the minor's use of Samsung Smart Home; (ii) assume all risks associated with the minor’s use of Samsung Smart Home, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume all liabilities resulting from the minor’s use of Samsung Smart Home, including applicable payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.
1.3 Samsung may modify this Samsung Smart Home ToS from time to time and we will notify You of such changes by email and/or by a notification when You first open Samsung Smart Home following such change. If You continue to access or use Samsung Smart Home after such modification, You will be deemed to have read, understood and unconditionally agreed to such changes.
2 Grant of License and Restrictions of Samsung Smart Home
2.1 Samsung Smart Home is available for qualifying Samsung devices. If Your Samsung device qualifies for the use of Samsung Smart Home, in consideration of Your agreeing to comply with these Samsung Smart Home ToS, Samsung grants You a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use the Samsung Smart Home service for Your personal use and in respect of your domestic premises only, provided that You comply fully with this Samsung Smart Home ToS. You shall not interfere or attempt to interfere with the operation or use of Samsung Smart Home in any way through any means or device including, but not limited to, spamming, hacking, and 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 Samsung Smart Home at any time, and in no event shall Samsung be liable for any claims, costs or damages caused by or arising out of such actions. You acknowledge that the components and/or scope of Samsung Smart Home can vary depending on the country and the device, and that different features might be available in different countries.
2.2 You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) Samsung Smart Home in whole or in part.
2.3 If You fail, or Samsung suspects that You have failed to comply with any provisions of this Samsung Smart Home ToS, without limiting Samsung’s other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion and without notice to You, may (i) terminate Your use of Samsung Smart Home; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to Samsung Smart Home.
2.4 You acknowledge and agree that some of the functionalities or services offered by Samsung Smart Home may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.
2.5 Use of Samsung Smart Home may require Your Products to have access or connection via mobile network or Internet (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of Samsung Smart Home involves hardware, software, and Internet access, Your ability to use Samsung Smart Home may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, are Your responsibility and that Your use of any third party service are subject to the terms and conditions of use established by the respective third party service providers.
2.6 You acknowledge that remotely operating a Product will require the use of electricity and, if operated over a prolonged period, it might be subject to risks including fire resulting from overheating, defects, short circuits, etc. The User will be solely responsible for any damages arising from such risks and agrees to hold Samsung harmless from such damages.
2.7 Samsung Smart Home may require You to download and install updates from time to time. You agree to such downloading and installation of updates as part of Your use of Samsung Smart Home.
3 Your Use of Samsung Smart Home
3.1 In order to use Samsung Smart Home, You are required to already have or open a Samsung Account. In addition to the registration data You provided about Yourself when opening the Samsung Account ("Registration Data"), You may be required to provide additional information (“Additional Data”) before You can use Samsung Smart Home which are required for the sole purpose of providing service to You. You agree to provide accurate, current and complete Additional Data and to update Your Additional Data as required. Your Registration Data and Additional Data will be subject to the Privacy Policy, located at http://www.samsung.com/us/common/privacy.html, which is made part of this Samsung Smart Home ToS.
3.2 You understand that certain functions of Samsung Smart Home may be linked to Partner Products and/or their related services (“Partner Services”) and other Samsung services. By using any Partner Service, You permit such Partner Service to access and store relevant portions of Your Registration Data and Additional Data. By using Partner Services, You also permit Samsung to receive certain information about You from the applicable Partner Service providers Your use of any Partner Service is subject to the terms and conditions of use imposed by the applicable Partner. For the avoidance of doubt, Samsung is not responsible for, and hereby disclaims all liabilities relating to or arising from any Partner Service, including but not limited to quality, performance or malfunctions. The Partner shall assume full responsibility for any error, defect, or inaccuracy regarding the Partner Service or any such issue in the Samsung Smart Home service that results from the act or omission of a Partner. Samsung shall not be held liable for any inaccuracy and/or lack of reliability or availability, unless such inaccuracy or lack of reliability is attributable to Samsung.
3.3 You may not use Samsung Smart Home for commercial purposes or for any purpose that is unlawful or prohibited by the Samsung Smart Home ToS. You shall not use a Product as a camera in a publicly open place or to record others without their consent. Samsung shall not be held responsible for any photograph taken by using the built-in or attached camera on the Product. You are specifically prohibited from using (or authorizing a third party to use) Samsung Smart Home in any which, or in connection with any contents, services, programs or applications that, (i) are in violation of any third party’s rights, including but not limited to intellectual property rights, contractual rights, moral rights and rights of privacy; or (ii) contain viruses or other harmful software, code or other means that impact or limit the functions or services provided by Samsung Smart Home or the devices running Samsung Smart Home (including but not limited to avoiding or disabling Samsung’s technical protections in the Service). You may not use any automated tool other than software and hardware approved by Samsung. Samsung will respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations. If You fail to comply with this Section 3.3 or any other terms and conditions of the Samsung Smart Home ToS, Samsung may immediately suspend or terminate Your right to use Samsung Smart Home without notice to You.
4 Intellectual Property, Ownership
4.1 You acknowledge that Samsung Smart Home is proprietary to Samsung and its licensors, and protected under applicable copyright, patent, trademark and trade secret laws. You further acknowledge and agree that, as between You and Samsung, Samsung owns and shall continue to own all right, title and interest in and to Samsung Smart Home, including all associated intellectual property rights under the above referenced applicable laws. This Samsung Smart Home ToS and Your use of Samsung Smart Home does not grant You any ownership interest in or to Samsung Smart Home, and You are granted only a limited license to use that is revocable in accordance with the terms of this Samsung Smart Home ToS. You shall neither copy, redistribute nor republish, nor permit a third party to use for commercial purposes the Service without prior written consent from, or separate agreement with Samsung. You shall neither lend, sub-lend, sub-license, sell, assign, pledge, nor transfer the Service.
4.2 Samsung Smart Home may include software and data provided by third parties.
5 Protection of Privacy and Content
Samsung may collect personal data of the User as required for his/her use of the Service with consent from the User. Samsung is committed to the protection of Your personal data. To learn more about how Samsung protects and handles Your personal data and other information provided by You, please carefully read Samsung’s Privacy Policy, located at [https://account.samsung.com/membership/pp], which forms an integral part of this Samsung Smart Home ToS.
6 Fees and Advertisement
Even though Samsung Smart Home is initially offered to You only with free-of-charge features, Samsung reserves the right to add fee-charging features and functionalities in the future. Samsung also reserves the right to display advertisements in connection with Samsung Smart Home.
7 Indemnification
By using Samsung Smart Home, You agree to indemnify, release and hold harmless Samsung, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on Samsung’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, "Claims") arising out of (i) any use of Samsung Smart Home by You or by any person that You allow to use Samsung Smart Home that is not in accordance with the terms of the Samsung Smart Home ToS, (ii) any breach of this Samsung Smart Home ToS by You or by any person that You allow to use Samsung Smart Home, or (iii) any violation of any laws, regulations or the rights of any third party by You or by any person that You allow to use Samsung Smart Home.
8 Warranties and Disclaimers
Samsung Smart Home is provided “as is” and You acknowledge that Samsung Smart Home has not been developed to meet Your personal requirements. Samsung makes no warranties or guarantees that Samsung Smart Home: (a) is compatible with Your hardware and/or software; (b) is suitable for Your requirements or meets any specific level of performance or functionality; (c) available all the time or at any specific time, uninterrupted, secure or error free; (d) does not and will not infringe any third party rights (including intellectual property rights). We reserve the right to withdraw or modify Samsung Smart Home at any time.
9 Legal relationship between the Users and between the User and a third party
9.1 These terms of use shall not affect in any way the legal relationship between the User and a third party, including but not limited to a Partner. Such relationship may require the application of separate terms of use as agreed upon with the third party.
9.2 The User shall be solely responsible for any relationship with another User in connection with the Service. Samsung shall not be held responsible for the accuracy and/or legality of any information or data published, given, or taken by the User in connection with the Service. Under no circumstances shall Samsung intervene in or assume responsibility for any and all civil or criminal proceedings arising between users or between the User and a third party in connection with the use of the Service.
10 Limitation of Liability
10.1 Nothing in these Samsung Smart Home ToS 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.

10.2 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. Samsung Smart Home is provided for domestic and private use only. You agree not to use Samsung Smart Home for any commercial or business purpose and Samsung has no liability to You for any business losses You may incur, including but not limited to loss of profits, loss of data, loss of business, business interruption or loss of business opportunity.
10.3 The information, documents, software and other materials comprising and contained in Samsung Smart Home 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.

10.4 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.

10.5 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.

11 Interpretation
Any matter or interpretation other than those stated herein shall be governed by the Samsung Service Terms and Conditions (https://account.samsung.com/membership/terms). In case of any conflict or inconsistency between these terms of use and any of the other Samsung Service Terms and Conditions, Samsung Smart Home ToS shall have precedence as far as the Samsung Smart Home service is concerned. In case of any conflict between the English and another language version of these terms of use, the English language version shall prevail to the extent of such conflict.




S HEALTH TERMS OF USE

PLEASE READ THESE TERMS OF USE FOR THE S HEALTH SERVICES (“S HEALTH”) CAREFULLY BEFORE USING THE S HEALTH SERVICES. These terms of use for the S Health (the “Terms of Use”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the S Health. The Terms of Use incorporates the Samsung Service Terms and Conditions (“Service Terms and Conditions”) that you have already agreed to if you have a single-sign-on user account with Samsung (the “Samsung Account”). For those of you who do not have a Samsung Account yet, we recommend that you open one this time even though use of S Health through your mobile phones does not require Samsung Account membership. If you access and use the certain features of S Health, then you need to be a Samsung Account member. If you use S Health through Samsung Account membership, please read the Samsung Service Terms and Conditions that are provided through this link [https://account.samsung.com/membership/terms]. Even though the most critical and important service terms are covered here in the Terms of Use, you acknowledge and agree that the general and more detailed service terms from the Samsung Service Terms and Conditions that are applicable to the S Health are incorporated by reference into this Terms of Use. In case of any inconsistency or conflict between the Terms of Use and the Samsung Service Terms and Conditions, the Terms of Use shall prevail in relation to the S Health.

1. Use of S Health
1.1 S Health is not intended for therapeutic, diagnostics or medical use.
1.2 S Health is intended to help users manage their overall health and wellbeing through capturing and tracking health related information and metrics and through providing access to articles and similar materials that may be of interest to users. All information provided is for general guidance only and Samsung and/or its licensor do not accept any responsibility for its accuracy.
1.3 S Health and any information and/or services provided by S Health are not intended to be used in the detection, diagnosis, monitoring or treatment of any condition, disease or vital physiological processes or for the transmission of time sensitive health information and users are advised to seek advice from their doctor before attempting to self-diagnose or treat any physical or mental condition. Any health related information found herein and in any materials or information acquired and/or accessed through S Health is available only for your convenience and should not be treated as medical advice. Unless otherwise expressly stated or legally required, S Health is provided with no warranties. Any information that you obtain from use of S Health may not be suitable, accurate, complete or reliable.
1.4 Samsung is not liable for any injuries, damages, losses and/or cost suffered by users, which were not incurred but for the service and/or information including recommendation, coaching, tip and/or guideline provided or acquired by or accessed through S Health.

2. Connecting Third Party Devices and Programs
2.1 Your use of third party devices and third party software that connect to S Health is solely between you and the applicable third party. You should read and examine such third party’s terms of use and privacy policies before you use S Health in connection with such third party devices and software.

3. Information Used
3.1 The S Health utilizes various health-related data that you enter directly or through third-party devices or software which connect to S Health or that processed by the application based on such entered data. The utility of the S Health largely depends on the accuracy of the data you enter. All of the data you entered will be stored only in your mobile device until you agree for Samsung to collect and store such data in its Personal Health Records servers for the purpose of comprising statistics and backing up your data for your own benefit.
3.2 You may also share and/or synchronize your data with Samsung or any third party services, as well as with any connected devices that you may choose to utilize. Access of S Health information by such services or connected devices would only be permitted by your express approval.
3.3 You agree, when you use the heart rate monitor feature, that you provide Samsung with IMEI (your device's unique identification number) and MODEL description of your mobile device. The information above will be collected and stored, processed and/or used by Samsung for the sole purpose of validation and activation of the feature.
 You agree that S-Health may include location based features that work by collecting, storing, transmitting or processing location data tied to your mobile device. Your location information such as your exercise route will be stored only in your mobile device until you agree for Samsung to collect and store such information as described above.
3.4 Unless stated otherwise herein, all the data and information Samsung collected as above will be processed and/or used in accordance with Samsung’s Privacy Policy at https://account.samsung.com/membership/pp.

4. Proprietary Rights and Licences
4.1 All articles, text, software, music, sound, photographs, graphics, video, page layouts, design and other material available on or through the S Health and all intellectual property rights therein (collectively, “S Health Contents and IPR”) belong to Samsung or third party licensors. Except as expressly provided herein, you are not entitled to use and shall have no interest in these S Health Contents and IPR, or any data generated by other users of the S Health. You acknowledge that you have only a revocable and limited right to use S Health subject to these Terms of Use.
4.2 You are not permitted, except where expressly authorised in writing to do so, to change, adapt, copy, store, publish, rent, licence, sub-licence, sell, hire, lend or distribute in any way any of these S Health Contents and IPR, or to do any other act or omit to do any other act which may harm or otherwise prejudice any of these S Health Contents and IPR.
4.3 No S Health Contents and IPR may be distributed or copied for any commercial purpose. No S Health Contents and IPR may be decompiled, reverse engineered or reproduced or transmitted to or stored in any other website or other form of electronic retrieval system.

5. Disclaimer of Warranty
5.1 S HEALTH AND ANY CONTENTS THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG OR ITS THRID PARTY LICENSORS, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.

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