PENUP SUPPLEMENTARY TERMS OF SERVICE
PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR THE PENUP SERVICE CAREFULLY BEFORE USING THE PENUP SERVICE. PENUP 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 PENUP service govern and regulate the legal relationship between Samsung Electronics GmbH (“Samsung” or “we”) and you as user of the PENUP service. 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. PENUP 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 PENUP.
1. Acceptance of these TOS
1.1 BY ACCESSING OR DOWNLOADING THE PENUP APPLICATION OR OTHERWISE USING ANY PART OF THE PENUP SERVICE, THESE TOS BECOME EFFECTIVE AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREED TO BE BOUND BY THESE TOS.
1.2 THE PENUP SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 14. IF YOU ARE UNDER 14 YEARS OLD, YOU MAY NOT USE THE SERVICE OR PROVIDE PERSONAL DATA TO SAMSUNG. If you are under the age of 14, the acceptance of these TOS is under the condition of Samsung receiving a written document from your parent or legal guardian to confirm that you and your parent or guardian have read and understand these TOS. Otherwise, no personal data of the minors will be collected intentionally. By accepting these TOS and subscribing to the PENUP service you acknowledge that you are 18 or older. If Samsung receives information that any person under 18 is using the PENUP service, the service will be suspended and all reasonable efforts will be taken by Samsung to eliminate any information processed until such date regarding the minor.
2. Provision of the PENUP Service by Samsung
2.1 Samsung grants you a non-exclusive, non-transferable, limited, revocable licence, without right of sublicense, to access and use the PENUP service for your personal and non-commercial use only, provided that you comply fully with these PENUP TOS. All rights not expressly granted to you hereunder shall belong to Samsung.
2.2 If you fail, or Samsung suspects that you have failed to comply with any of the provisions of these PENUP TOS, then without limiting Samsung’s other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, with notice to you may: (i) terminate your use of the PENUP service; and/or (ii) terminate the licences granted hereunder; and/or (iii) preclude access to the PENUP service.
2.3 You acknowledge and agree that the PENUP service may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.
2.4 Use of the PENUP service may require your devices to have access to or connection via a mobile network or the Internet (fees may apply) and certain software, and may require you to obtain updates or upgrades from time to time. Because use of the PENUP service involves hardware, software, and internet access, your ability to use the PENUP service may be affected by the suitability and performance of such requirements. You acknowledge and agree that such requirements, which may be changed from time to time, are your responsibility. You also acknowledge that the PENUP service will not be available in all countries or on all devices, and the PENUP service may be subject to restrictions imposed by your network or internet provider.
2.5 Samsung’s software that you utilise for the PENUP 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 PENUP service. Samsung shall be under no obligation to provide updates or other modifications of the PENUP service. Updates will be governed by these TOS unless separate terms and conditions are provided with such updates, in which case these separate terms and conditions shall govern the updates. While such updates are for enhancements of the PENUP service, in some circumstances some features may be discontinued. You agree that Samsung may modify or discontinue the PENUP service or its features, in whole or in part, with notice to you. Samsung reserves the right to change, modify, add, or remove portions of these TOS in its sole discretion. You will be notified of any such changes and given a reasonable time period to object to such changes. When we amend these TOS, we will revise the “last updated” date located at the bottom of these TOS. If you do not object to the change, or if you access or use the PENUP service in any way after these TOS have been changed, you will be deemed to have unconditionally consented and agreed to such changes. In cases where you object to the changes, Samsung has the right to terminate your right to use the PENUP service. Samsung will inform you of these consequences in the change notice.
3. Your Use of the PENUP Service
3.1 In order to use the PENUP service you are required to provide information about yourself by registering for a Samsung account (“Registration Data”) before you can continue to use the PENUP service. 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 for the purposes of providing and improving the PENUP service. If Samsung adds fee-charging features to the PENUP service, your Registration Data may include, without limitation, credit card, wireless carrier account, or PayPal or other payment processor account information.
3.2 You understand that by using the PENUP service, you may encounter Postings that may be deemed offensive, indecent, explicit, or objectionable. You agree to use the PENUP service at your sole risk and that Samsung shall have no liability to you for Postings that may be found to be offensive, indecent, explicit, objectionable, or unlawful. Samsung does not endorse or adopt any content made accessible by users or third parties which may be found unlawful.
3.3 You may not use the PENUP service for any purpose that is unlawful or prohibited by these TOS. You are specifically prohibited from using the PENUP 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, threatening, defamatory, libellous, or otherwise objectionable or illegal; (iii) 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 PENUP 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 PENUP 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 a third party’s intellectual property rights, Samsung reserves the right, in its sole discretion, to terminate your right to use the PENUP service with 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 PENUP service 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 PENUP service in any manner that could damage, impair, disable, overburden, or harm the PENUP service or circumvent the intended functionality of the service, or otherwise interfere with or attempt to interfere with the operation or use of the PENUP 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, but not limited to, usernames, names, and other users’ profiles while using the PENUP software and service. You will not post anyone’s personally identifiable information on the PENUP service without such person’s express prior written consent.
4.1 You acknowledge and agree that you may be asked to provide Registration Data, Additional 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 PENUP service. In addition, your IP address will be provided to Samsung for the sole purposes of providing regional services or conducting statistical or demographic analysis.
4.3 You agree that you do not own your PENUP username. Samsung reserves the right to reclaim your PENUP username should you discontinue your use of PENUP or any user with trademark or other legal rights demands the use of such username.
5. Sharing Your Content
5.1 You are solely responsible for ensuring that you have all rights that are legally necessary in order to post your Postings or otherwise submit such content and information to the PENUP 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 PENUP service, 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, without limitation, drawings, writings, photos, and pictures (collectively, “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 licence to use any IP content that you post on or in connection with the PENUP service (“IP Licence”). This IP Licence 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.
5.3 The information you post with your content such as the title, comment, or hashtag will be accessible by web search engines and may show up on their search results.
6. Fees and Advertisements
6.1 Subscription Charges. By purchasing a subscription, you warrant that you are the authorised purchaser and that the billing information provided is accurate. Samsung will not issue refunds based upon inaccuracies represented by you or a third party (your parent or guardian), even in circumstances where the inaccuracies are clearly recognisable as such. By approving the purchase of the right to use the content or services, you authorise 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. Samsung shall inform you of any change to prices 1 (one) month prior to being implemented. Should you not agree to the price change, you can cancel the PENUP service. If you do not object to the changes, or if you access or use the PENUP service in any way after receipt of such notice, you will be deemed to have unconditionally consented and agreed to such changes.
6.2 Automatic Renewal. Subscriptions are automatically renewed at the end of each subscription term. Such renewal will be for a monthly subscription term. You may cancel the auto renewal option at any point, which means your subscription will not renew at the end of the then current term. If your subscription is cancelled and you decide to re-subscribe, you will be charged at the then current subscription rate.
6.3 Trial Period. From time to time, Samsung may offer promotional periods. Any trial promotion must be used within the specified time of the trial. If you cancel a subscription during the corresponding trial period, you will not be charged. After the trial period, you shall be notified of the expiration of such trial period, and should you opt-in to continue using the PENUP service, a subscription fee (if any) will be charged. Samsung reserves the right to prohibit the combination of trials, promotions, and other offers. If you are a consumer, your statutory right of revocation within 14 days remains unaffected.
6.4 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 PENUP service.
7. Disclaimer of Warranties and Limitation on Liability
TO THE EXTENT PERMITTED BY LAW, THE PENUP 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 PENUP SERVICE. TO THE EXTENT PERMITTED BY LAW, SAMSUNG MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE PENUP SERVICE. SAMSUNG DOES NOT TAKE ANY RESPONSIBILITY FOR LOSS OR INACCESSIBILITY OF CONTENT. IT IS YOUR SOLE RESPONSIBILITY TO BACK UP YOUR CONTENT.
8. Notice and take down procedure
THE FOLLOWING PROVISIONS APPLY TO BOTH USERS AND NON-USERS OF THE PENUP SERVICE
If you believe that any content provided by users to the PENUP service infringes your intellectual property rights, you can notify us by emailing firstname.lastname@example.org. You must provide us with: (a) details of the image or other materials which you believe infringe your rights; (b) full details of your relevant intellectual property rights; (c) your contact details which will allow us to identify and contact you; (d) a statement by you which confirms that you have the right to ask us to remove the relevant content and that the information you have provided is accurate. If you provide us with this information and any other information we reasonably request, we expect to take action to remove the allegedly infringing content within 72 hours of receipt of your email.