SAMSUNG SOCIAL TERMS OF SERVICE
IMPORTANT – READ CAREFULLY. THESE TERMS OF SERVICE (“TOS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG ELECTRONICS CO., LTD. (“SAMSUNG”) FOR THE SAMSUNG SOCIAL APPLICATION AND ANY RELEVANT SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY SAMSUNG, ITS AFFILIATES, OR ITS THIRD PARTY SUPPLIERS OR LICENSORS. BY AGREEING TO THESE TOS OR BY INSTALLING OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO THE TOS, DO NOT INSTALL OR USE THE SERVICE. THE TOS MAY BE MODIFIED BY SAMSUNG FROM TIME TO TIME. IF YOU CONTINUE TO ACCESS OR USE SAMSUNG SOCIAL AFTER SUCH MODIFICATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREED TO SUCH CHANGES. IF THESE TOS CHANGE AND YOU DO NOT AGREE TO THE CHANGE, YOU MUST STOP USING THE SERVICE.
THESE TOS SUPPLEMENT THE SAMSUNG SERVICE TERMS AND CONDITIONS (“SERVICE TERMS AND CONDITIONS”) AVAILABLE AT https://account.samsung.com/membership/terms THAT APPLY TO REGISTERED USER ACCOUNTS WITH SAMSUNG (THE “SAMSUNG ACCOUNT”). YOU MUST HAVE A SAMSUNG ACCOUNT TO USE SAMSUNG SOCIAL. 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 CREATE A NEW SAMSUNG ACCOUNT BEFORE USING SAMSUNG SOCIAL. THE SERVICE TERMS AND CONDITIONS FORM AN INTEGRAL PART OF THESE TOS. IN CASE OF ANY INCONSISTENCY OR CONFLICT BETWEEN THE TOS AND THE SERVICE TERMS AND CONDITIONS, THE TERMS OF THESE TOS SHALL PREVAIL. THESE TOS MAY BE ASSIGNED TO ANY AFFILIATE OF SAMSUNG AT ANY TIME.
1. How to Use Samsung Social
To use Samsung Social, you first need to register a Samsung account. When you create your Samsung account, your Samsung Social profile will be activated in Samsung Contacts. You can update and share your Samsung Social profile photo, name, status message, and contact information with friends and family. Samsung Social enables you to (a) upload content on your Samsung Social timeline and share them with those in your Samsung Contacts list; (b) add comments to your friends’ and family’s Samsung Social profile or timeline; (c) create a group of people you care about, to easily share your photos, videos, and more, and engage in communications; (d) share your photos, videos, and more, with multiple devices, the number of which may be limited or changed due to legal, technical, or business reasons.
2. Grant of License and Restrictions of the Service
2.1 Subject to the terms of these TOS, you are granted a limited, non-exclusive, non-transferrable, personal, and revocable license to install, access, and use the Service.
2.2 The services and features provided by the Service or Update (defined below) thereto may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or network operator.
2.3 You must be 18 years or older to enter into these TOS or use the Service unless your parent or legal guardian understands and consents to the terms and conditions of these TOS. If you are a parent or legal guardian permitting a person under the age of 18 (“Minor”) to use the Service, you agree to: (i) supervise the Minor’s use of the Service; (ii) assume all risks associated with the Minor’s use of the Service, (iii) assume any liability resulting from the Minor’s use of the Service; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and be bound by these TOS for the Minor’s access and use of the Service.
2.4 You acknowledge and agree that some of the functionalities or services offered by the Service may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.
2.5 Except to the extent that mandatory local law requires that you be able to do so, you may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Service; (ii) modify or disable any features of the Service; (iii) create derivative works based on the Service; (iv) rent, lease, lend, sublicense, or provide commercial hosting services with the Service; (v) infringe our intellectual property rights or those of any third party in relation to your use of the Service (to the extent that such use is not licensed by these TOS); (vi) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code or harmful data, including viruses, into the Service or any operating system; (vii) use the Service in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users; or (viii) collect or harvest any information or data from the Service or our systems, or attempt to decipher any transmissions to or from the servers running the Service.
3. Reservation of Rights and Ownership
You acknowledge that the Service is proprietary to Samsung and its licensors and protected under applicable copyright and other intellectual property laws and treaties. You further acknowledge and agree that, between you and Samsung, Samsung owns and shall continue to own all rights, titles, and interests in and to the Service, including all associated intellectual property rights. These TOS and your use of the Service do not grant you any ownership interest in or to the Service, and you are granted only a limited license to use that is revocable in accordance with the terms of these TOS. You may not use the Service to reproduce copyrighted materials, or materials for which you do not have the right or legal approval for reproduction. 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. This Service includes software and data provided by third parties.
4. Update, Change, or Suspension of the Service
4.1 Samsung may, at any time, provide or make available updates or upgrades to the Service (“Updates”), including, without limitation, bug fixes, service enhancements, new features, deletion of existing functions, or modification of the Service. Updates will be governed by these TOS unless separate Terms and Conditions are provided with such Updates, in which case those separate Terms and Conditions shall govern the Updates. Updates for security software or critical bug fixes, or other important Updates may be automatically downloaded and installed, given the importance of receiving such Updates in a timely manner to help protect you and other users.
4.2 Samsung expressly reserves the right to change, suspend, remove, limit the use of, or disable access to the Service or any portion thereof at any time without notice or liability.
5. Third Party Services and Content
6. Data Access
Some features of the Service may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The Service may require access to the Internet by using mobile networks, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Service may be affected by the suitability and performance of your device hardware or data access.
7. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the Service, including, without limitation, all applicable export restriction laws and regulations.
These TOS are effective until terminated. You can terminate these TOS by ceasing your use of the Service, and uninstalling, deleting, and returning all related software, documentation, and other materials provided by Samsung, including backup copies thereof. Should you not comply with these TOS, your rights based on these TOS will be automatically terminated without notice from Samsung. Upon termination of these TOS (or where Samsung has terminated the TOS, immediately on becoming aware of such termination), you must immediately cease all use of the Service. For the purposes of clarity, Samsung may terminate these TOS and the Service without notice to you.
9. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, SAMSUNG’S IMPLIED WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY BY SAMSUNG REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.
10. Limitation of Liability
10.1 SAMSUNG AND YOU DO NOT LIMIT OR EXCLUDE LIABILITY FOR ANY TYPES OF LOSS OR DAMAGE FOR WHICH LIABILITY CANNOT, UNDER APPLICABLE LAW, BE EXCLUDED OR LIMITED, TO THE EXTENT THAT THE APPLICABLE LAW PREVENTS SUCH EXCLUSION OR LIMITATION, OR TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION JUDGES THAT SUCH AN EXCLUSION OR LIMITATION WOULD BE INEFFECTIVE UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, SAMSUNG’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10.2 SUBJECT ONLY TO 10.1, SAMSUNG SHALL NOT BE LIABLE FOR LOSS, DAMAGE, OR LIABILITY UNDER CONTRACT (INCLUDING NEGLIGENCE), LAWS ON THIRD PARTY OBLIGATIONS (INCLUDING ‘TORT’ AND NEGLIGENCE CLAIMS), STATUTORY OBLIGATIONS, OR ANY OTHER LEGAL BASIS WHATSOEVER, EVEN IF SAMSUNG WAS SPECIFICALLY PUT ON NOTICE OF THE RISK OF SUCH LOSS (I) WHERE THE LOSS IS INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR COMPRISES EXEMPLARY OR PUNITIVE DAMAGES, (II) FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, OR LOSS OF DATA, OR (III) IF THE LOSS RELATES TO ERRORS, OMISSIONS OR INTERRUPTIONS, COMPUTER VIRUSES, CONNECTION OR CONNECTIVITY PROBLEMS, OR FOR NETWORK CHARGES.
10.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAMSUNG’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID SAMSUNG SPECIFICALLY FOR THIS SERVICE.
10.4 YOU ACKNOWLEDGE THAT THE ABOVE PROVISIONS OF CLAUSES 9 AND 10 ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
10.5 IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICES TO AVOID LOSING ANY DATA.
By using the Service, 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 the Service by you or by any person that you allow to use the Service that is not in accordance with the terms of the TOS, (ii) any breach of this TOS by you or by any person that you allow to use the Service, 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 Service.
12. General Terms
12.1 Applicable Law. These TOS are governed by the laws of the jurisdiction where you are a resident, without regard to their conflict of law provisions. These TOS shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
12.2 Dispute Resolution. If you are a consumer (and where this term is not otherwise defined in your local law, this means ‘not using the Service as part of a business, trade, or profession’), then the courts of the territory in which you are a resident have non-exclusive jurisdiction to hear and decide any dispute, controversy, or difference arising from these TOS or the Service. Where local law permits a choice of court, the court shall be the court in the capital city of your country. If you are not a consumer and if a dispute, controversy, or difference arising in any way from these TOS or your use of the Service is not amicably settled, it shall be subject to arbitration proceedings under the arbitration rules of the International Chamber of Commerce in the place of the respondent. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction. Arbitration hearings shall be conducted in English.
12.3 Severability. If any terms or provisions of these TOS are 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 these TOS. The remaining provisions of these TOS shall remain in effect and shall be construed in accordance with its terms.
12.4 Survival. Sections 3, 9, 10, 11, and 12 of these TOS, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these TOS, and shall remain valid and binding.
12.5 Headings. The headings contained in these TOS are for reference purposes only and shall not affect the meaning or interpretation of these TOS.
12.6 No Waiver. The failure of Samsung to enforce at any time any of the provisions of these TOS, or the failure by Samsung to require at any time performance by you of any of the provisions of these TOS, 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 these TOS shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
12.8 Entire Agreement. These TOS are the entire agreement between you and Samsung relating to the Service and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Service or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
[March 12, 2018]