SAMSUNG FLOW TERMS OF SERVICE
IMPORTANT – READ CAREFULLY. THESE TERMS OF SERVICE (“TOS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG ELECTRONICS CO., LTD. AND ITS AFFILIATES (COLLECTIVELY, “SAMSUNG”) FOR THE SAMSUNG FLOW AND ANY RELEVANT SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY SAMSUNG 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, THEN DO NOT INSTALL OR USE THE SERVICE.
Samsung Flow is software that allows seamless connectivity and continuity across your devices enabled by Bluetooth technology, such as authenticating your Tablet/PC with your mobile phone, sharing interactively contents with your authenticated devices, syncing notifications from your mobile phone to your Tablet/PC, and enabling the mobile hotspot from your mobile phone to keep your Tablet/PC connected.
1. Grant of License
Subject to the terms of these TOS, you are granted a limited, non-exclusive, and revocable license to install, access and use the SERVICE. 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. 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 and that you and your parent or guardian understands and consents to the terms and conditions of these TOS. If you are a parent or 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 are bound by this Agreement for the Minor’s access and use of the SERVICE.
2. Reservation of Rights and Ownership
This SERVICE includes software and data provided by third parties. You acknowledge that the SERVICE is proprietary to Samsung and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. 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 (i) reverse engineer, copy, 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) publicly display, publicly perform, transfer, sell, license, distribute, 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 this Agreement); (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, including viruses, or harmful data, 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; and (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.
4. Update, Change or Suspension of the SERVICE
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 that 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.
Samsung expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the SERVICE or any portion thereof at any time without notice or liability.
5. Right to Monitor - Third party Services and Content
5.1 Right to Monitor. Samsung may, but have no obligation to monitor your use of the Service, your accounts, content, and communications that Samsung determine in its sole discretion violates the TOS. 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 TOS. Any unauthorized use shall be considered by Samsung to be a violation of the 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 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 the TOS. Any blocking of data required for compliance under the TOS is considered to be violation of the TOS and may result in immediate termination of your right to use the Service. Samsung reserves the right, but have no obligation, to monitor or become involved in disputes between you and other users.
6. Consent for Collection and Use of Data - Privacy
7. 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 through your mobile network, 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. You are solely responsible for any charges incurred from your network provider related to the use of the Service.
8. 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.
9.1 Effective Date. The TOS is effective upon your acceptance of the TOS, or upon your downloading, accessing or otherwise using the Service. The Service has no predetermined termination date and may continue until such time as Samsung decides to terminate the Service or when the TOS is terminated consistent with the terms herein.
9.2 Termination by Samsung. If you fail, or Samsung reasonably suspects that you have failed to comply with any of the provisions of the TOS, 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 Service and terminate the TOS, and you will remain liable for all amounts due (if any) up to and including the date of termination.
10. Disclaimer of Warranty
THE SERVICE 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 SERVICE, 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 SERVICE OR THE CONTENT THEREIN 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 (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALIFY OF THE SERVICE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED 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, NEGLIGENCE, 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 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. 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. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE SERVICE, OR FOR ANY CONTENT, VIDEO OR COMMUNICATIONS ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SHOULD YOU CHOOSE TO COMMUNICATE OR MEET DIRECTLY WITH OTHER USERS OF THE SERVICE, WE ARE NOT RESPONSIBLE FOR THOSE COMMUNICATIONS OR ANY MEETINGS THAT MAY TAKE PLACE BETWEEN YOU AND OTHER USERS. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICE, TERMINATION OF YOUR USE OF THE SERVICE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
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 Service by you or by any person that you allow to use the Service that is not in accordance to the terms of the TOS, (ii) any breach of the 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.
13. General Terms
13.1 Choice of Law. These TOS, including all revisions and amendments thereto, are governed by and construed in accordance with the laws of New York, without regard to its conflict or choice of law principles.
13.2 Arbitration. By using the Service, 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 Service 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 New York City, New York; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of the TOS and any other agreements referenced herein that you have agreed to in connection with the Service; (v) the arbitrator shall apply New York 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; and you will not file or participate in a class action against us; (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.
13.3 Severability. If any term or provision of this TOS 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 TOS. The remaining provisions of this TOS shall remain in effect and shall be construed in accordance with its terms.
13.4 Survival. Sections restriction, 2, 10, 11, 12 and 13 of the TOS, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of the TOS, and shall remain valid and binding.
13.5 Headings. The headings contained in the TOS are for reference purposes only and shall not affect the meaning or interpretation of the TOS.
13.6 No Waiver. The failure of Samsung to enforce at any time any of the provisions of the TOS, or the failure by Samsung to require at any time performance by you of any of the provisions of the 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 the TOS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Jun 23rd, 2017