General Use and Restrictions
All content provided on the Website (including, but not limited to, data, information, documents, texts, design, trademarks, logos, graphics, images, icons, sound, video, code and software) (the “Materials”) is the exclusive property of Samsung, its licensors or its content providers, and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the Materials contained on the Website for your need, provided that you do not modify or delete any copyright, trademark or other proprietary notice appearing on the Materials you access, copy, download or print.
You may not use the Website, any Material or service provided through the Website (the “Services”): (a) in a manner that violates any local, state, national, foreign or international law; (b) to harass or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Website or Services. You agree not to “frame” or “mirror” the Website or any portion of the Materials or Services on any other server or internet based device without prior written consent of Samsung.
Third Party Content and Links to Other Web Sites
Any feedback, information, data, text, software, sound, music, photographs, video, graphics, messages, materials or content submitted, uploaded or posted by you or on behalf of you on the Website (the “Submitted Content”) will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who is claiming that any of your Submitted Content constitutes a violation of their intellectual property rights, or of their right to privacy. By posting, submitting, uploading or otherwise transmitting the Submitted Content in any way on or via the Website, you grant us a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up, royalty free, sub-licensable and transferrable license to change, copy, disclose, adapt, license, perform, display, post, publish, distribute, transmit or use such Submitted Content, and create derivative works thereof in any manner and in any form, media, technology now known or later developed and for any purpose (including without limitation commercial purposes), and incorporate the Submitted Consent, in whole or in part, into any work, service or technology anywhere in the world for any purpose, and to grant and authorize sublicenses of the foregoing licenses. Samsung reserves the right to use the Submitted Content for advertising or other commercial purposes. We have the right to remove any Submitted Content from the Website for any reason or no reason, including without limitation if, in our sole opinion, such Submitted Content is offensive, indecent or objectionable. We do not control the Submitted Content and do not warrant the nature, accuracy, integrity or quality of the Submitted Content. You warrant that any of your Submitted Content does not and will not infringe any third party intellectual property rights. You are solely responsible for all Submitted Content that you upload, post, email, transmit or otherwise make available in any portion of the Website. We assume no liability for such Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content posted, uploaded or transmitted by you or on behalf of you on the Website. By posting the Submitted Content on the Website, you warrant and represent that: (a)You own all rights in such Submitted Content or you have obtained all necessary rights in such Submitted Content to enable you to grant to us the rights in such Submitted Content set forth in the Terms; (b)Such Submitted Content does and will not infringe any party’s intellectual property, publicity, privacy or other rights; (c)You voluntarily agree to waive all “moral rights” or other intellectual property rights that you may have in your Submitted Content; (d)Such Submitted Content is not false or misleading; (e)Such Submitted Content is not, and may not reasonably be considered to be, defamatory, libelous, hateful or otherwise offensive (racially, ethnically or religiously), threatening, invasive of another’s privacy, vulgar, obscene or unlawful; (f) Such Submitted Content does not contain any information that is confidential or proprietary; (g) Such Submitted Content does not, and is not designed to, interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment (including without limitation of any user, visitor or other parties) or interferes with or disrupts the Website or Services in any way; (h)Such Submitted Content neither involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming,” nor solicits personally identifiable information from other visitors to the Website, nor involves any other form of solicitation; (i)Such Submitted Content does not link to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link; or which competes in any manner with the Website or Samsung; or a harmful website that without limitation interrupts, destroys or limits the functionality of any computer software or hardware or telecommunications equipment or compromises the security of other user through the unlawful and unpermitted download and installation of malicious software codes; and (j)Such Submitted Content does not violate any applicable local, state, national, or international law.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE OR ANY MATERIALS OR SERVICES IS AT YOUR SOLE RISK AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY, CONDITION, TERM, REPRESENTATION OR UNDERTAKING OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMSUNG EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO THE WEBSITE, MATERIALS AND SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMSUNG DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, LEGALITY, OR COMPLETENESS OF ANY MATERIAL OR SERVICE MADE AVAILABLE THROUGH THE WEBSITE AND DOES NOT WARRANT THAT THE WEBSITE, MATERIALS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU THROUGH THE WEBSITE OR FROM SAMSUNG OR ANY COMPANY WITHIN THE SAMSUNG GROUP OR THE RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS OF ANY SUCH ENTITIES (COLLECTIVELY, THE “SAMSUNG PARTIES”) SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SAMSUNG BE LIABLE, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, REVENUE, INTEREST, BUSINESS OR CORRUPTION OF DATA, ATTORNEY FEES, EXPENSES, OR ANY OTHER DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, ANY INFORMATION CONTAINED IN, OR AS A RESULT OF THE USE OF THE WEBSITE, ANY MATERIAL OR SERVICE ACCESSED BY YOU OR ANY THIRD PARTY ON THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE GENERAL DISCLAIMER AND LIMITATION OF LIABILITY SECTIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless the Samsung parties from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) that the Samsung parties may incur as a result of or arising from your (or anyone using your account) use of the Website, Materials or Services or violation of these Terms. Samsung reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case; you agree to cooperate with Samsung in the defense of such matter.
Modification of the Terms
We reserve the right to modify, add or remove any portion of the Terms in whole or in part at any time by posting revised Terms on the Website. You agree to review the Terms periodically to be aware of such modifications and that your continued use of the Website following such change shall be deemed to be your acceptance of any modified Terms.
Applicable Law and Jurisdiction
The laws of the Republic of Korea shall govern the Terms and your use of the Website, Materials and Services, and you irrevocably consent to the jurisdiction of the courts located in Seoul, the Republic of Korea. If your use of the Website, Materials or Services is in violation of the laws of the place where you reside, we ask you DO NOT USE the Website or any portion of the Materials or Services. You are responsible for complying with the laws of your jurisdiction (including any export control laws).
The failure of Samsung to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Samsung in writing. The Terms (including any modifications, updates and supplements) constitute the entire agreement between you and Samsung and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between you and Samsung regarding the subject matter hereof. You agree that these Terms may be assigned by us to a third party in our sole discretion. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. If any provision of the Terms or the application thereof to any party or circumstances shall be declared, or deemed by any court or quasi-judicial authority of competent jurisdiction to be, void, illegal or unenforceable in any respect (the “Offending Provision”), (i) such Offending Provision shall be deemed amended to achieve, as nearly as possible, the same purpose intended under the Offending Provision, to the extent permitted by law; (ii) the validity, legality and enforceability of the remaining provisions, or portions of provisions contained herein shall not in any way be affected or impaired thereby; and (iii) the remainder of the Terms shall be valid and enforceable to the extent permitted by applicable law. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the remaining provisions shall remain in full force and effect.