Tizen Store Terms and Conditions for Buyers

1. Your use of our Services

1.1 Your use of the Tizen Store website at www.tizenstore.com and any other application, software, services, websites and other related services provided by us or any third party designated by us (“STORE”) (collectively “Services” excluding any services provided to you by us, Samsung, under a separate written agreement) is subject to the terms set out below and any other terms applicable to you from time to time, including but not limited to, Samsung’s privacy policy (collectively “Terms”).

By using the Services, you can (1) download and access updates to certain applications already provided on your mobile device as well as any related content, (2) download additional optional applications for your mobile device, and (3) access content and other software applications (collectively “Applications”).

“We” or “Samsung” means Samsung Electronics Co., Ltd, whose principal place of business is at 416, Maetan-3 dong, Yeongtong-gu, Suwon-City, Gyeonggi-do, 443-742, South Korea. In such case you are contracting with Samsung Designated Companies and “We” or “Samsung” means the specified Samsung Designated Companies. You may contact us at the Help menu of the STORE.

It is important that you take the time to read these Terms and Conditions. These Terms and Conditions and any of the documents referred to in the Terms and Conditions form the legally binding agreement between us relating to the Services and your use of the STORE.

Most of the Applications within the STORE are produced by third parties but Samsung also supplies some of the Applications. In the former case, you will enter into a contract directly with the third party Application provider. You acknowledge that the third party Application provider is solely responsible for any contractual obligations therein and Samsung is acting solely as a distributor in providing the third party Application to you and is not responsible for any warranties or claims you may have relating to or your use of the third party Application.

Please note that Samsung reserves the right to charge for the Applications. In that case, Samsung will give you a reasonable prior notice and in order to access charged Applications, you will need to provide payment information as part of the registration process. If you do not agree or fail to provide the accurate and complete information required to register, you may not use charged Applications.

2. Accepting the Terms and Conditions

2.1 In order to use the Services, you must first agree to the Terms and Conditions. You may not use the Services if you do not accept the Terms and Conditions. If you do not accept the Terms and Conditions, you will not be able to access the Services.

3. Service Territory

3.1 The Services are available only in certain countries. If you are not in one of these countries, you may not use or attempt to use the Services. The STORE may use technologies to verify such compliance.

4. Registration for Services

4.1 In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services, or as part of your continued use of the Services.

4.2 You can also register as a seller using your Buyer ID. Additional terms apply to seller members of the STORE.

4.3 You can register with the STORE either on a computer or through your mobile device.

5. Privacy and your personal information

5.1 In order to make the Services available to you and process the transactions contemplated by these Terms and Conditions, Samsung will have to collect information and/or personal data from you. This information may be subject to data privacy laws in your jurisdiction.

5.2 The data and/or information collected will be used in accordance with Samsung’s privacy policy. This policy explains how Samsung treats your personal information, and protects your privacy, when you use the Services.

5.3 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. The STORE may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete.

5.4 You agree to the use of your data in accordance with Samsung’s privacy policies.

6. Ordering Applications using the STORE

6.1 To order Applications, you will need to follow our ordering process. We only accept orders through this process.

6.2 On the STORE, we make available either Applications from third parties or Samsung developed Applications.

6.3 Each third party Applications are licensed to you by the third party Application provider through a separate agreement between you and such third party Application provider.

6.4 Samsung Applications are licensed to you by Samsung.

6.5 In both cases, you will pay the price for the Application to Samsung or to your mobile operator if you have elected to pay via your mobile phone operator.

6.6 There will only be a legally binding order when we either deliver the Application to your device or we email you our order confirmation, whichever happens first. We are not obliged to accept your order.

7. License of Application

7.1 The Applications made available through the Service are licensed, not sold, to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Application, on a temporary or permanent basis. All rights not expressly granted to you are reserved.

7.2 Please note that the price charged for the Application is liable to change and the currency or price may vary depending on the country of your residency.

7.3 Licensed Applications are for end user customers, for non-commercial uses only. Applications may be downloaded any number of times to multiple devices – providing these devices are all registered to your STORE account. No more than 10 devices can be registered at any one time. No more than one copy of each Application can be installed on a single registered device. Samsung reserves the right to withdraw Applications if any of the above criteria are contravened. Licenses are non-transferrable and non re-assignable. By reading these Terms and Conditions you agree to download the Application you purchase only to your devices. You also acknowledge that (i) Samsung may, in its sole discretion, set, reduce or change the number of devices that you can download the Applications to (ii) some Applications, paid or unpaid, do not allow downloading to multiple devices; and (iii) not all of your devices, regardless of platform, 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 usage of the Applications is limited to certain usage rules established by Samsung and its principles set out in these Terms and Conditions. You acknowledge that your usage of the Applications is limited by such rules and principles. You agree to use Applications in compliance with such rules.

8. System Requirements

8.1 Use of the Services requires a device which is compatible with the Services. Use of the Services may require 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 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 be changed from time to time, are your responsibility. The Services are not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Services.

9. Content Classification of Applications

9.1 Where applicable, we will try and provide a content classification for each Application we place on the STORE in accordance with applicable standard classification procedures in your jurisdiction. Where the Application is developed by a third party, we will rely on the classification provided by that third party.

10. Proprietary rights

10.1 You acknowledge and agree that Samsung (or Samsung’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

10.2 Unless you have agreed otherwise in writing with Samsung, nothing in these Terms and Conditions gives you a right to use any of Samsung’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

10.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Samsung, then you agree that your use of such features shall be in compliance with that agreement.

10.4 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.

10.5 Unless you have been expressly authorized to do so in writing by Samsung, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

11. Software updates and availability of Services

11.1 The software which you use during the Services may automatically download and install updates from time to time from Samsung. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Samsung to deliver these to you) as part of your use of the Services.

11.2 Samsung reserves the right, in its sole discretion, to change, improve and correct the Services. The Services may not be available during maintenance breaks and other times. Samsung may also decide to discontinue the Services or any part thereof in its sole discretion. In such case, you will be provided with prior notification.

11.3 Samsung may send push notifications to your mobile device that is capable of receiving them. You agree to receive such push notifications (and permit Samsung to deliver these to you) as part of your use of the Service. Push notifications can be turned off by you.

12. Ending your relationship with Samsung

12.1 This Agreement will continue to apply until terminated by either you or Samsung as set out below.

12.2 You can terminate this Agreement at any time by visiting https://account.samsung.com/account/legalSignOff.do or alternatively by closing your User account for the Services which Samsung made, as an option, available to you. You will be required to settle (or we will settle) any outstanding sum by the next immediate payment/settlement date following the date of closure of your account. Termination of your relationship with Samsung as buyer will not affect your use of our Services as seller.

12.3 Samsung may terminate this Agreement at any time by providing a 30 days prior written notice of cancellation to the email address provided to Samsung as part of your Registration Data or by any other suitable means which ensure that you will be able to take notice of the cancellation. You will be required to settle (or we will settle) any outstanding sum by the next immediate payment/settlement date following the date of closure of your account. Termination of your relationship with Samsung as buyer will not affect your use of our Services as seller.

13. Liability

13.1 Nothing in these Terms and Conditions excludes our liability (if any) to you for:

• personal injury or death resulting from our negligence;

• fraud;

• any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.

We do not warrant or guarantee that the Services or Applications will be:

(a) compatible with all or any hardware and software which you may use;

(b) available all the time or at any specific time, uninterrupted, secure or error free;

(c) suitable for your requirements or meet any specific level of performance or functionality; or

(d) free from viruses, interference, hacking, corruption or other security intrusions.

We reserve the right to withdraw or modify the Services at any time.

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. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these Terms and Conditions, for example if you and we could not have contemplated those losses before or when you access the Services. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption. In any event, our liability to you for any breach of this Agreement, negligence or other default shall not exceed the price of the Application in question.

By using the Services, you agree to indemnify Samsung and other companies and corporations in the Samsung group against any costs, damage, claims, liabilities and expenses incurred as a result of your breach of these Terms and Conditions, the privacy policy and/or any other applicable terms.

The information, documents, software and other materials contained on the STORE website 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.

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.

Unless otherwise expressly agreed, the Application is provided “as is” with no representation, guarantee or warranty of any kind as to its functionality or that it does not and will not infringe any third party rights (including intellectual property rights). Samsung has no obligation under this Agreement to provide technical or other support to you.

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.

Notwithstanding the foregoing, nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

14. Copyright and trade mark policies

14.1 It is Samsung’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.

15. Advertisements

15.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

15.2 The manner, mode and extent of advertising by Samsung on the Services are subject to change without specific notice to you.

15.3 In consideration of Samsung granting you access to and use of the Services, you agree that Samsung may place such advertising on the Services.

16. Other content

16.1 The Services may include hyperlinks to other web sites or content or resources. Samsung may have no control over any web sites or resources which are provided by companies or persons other than Samsung.

16.2 You acknowledge and agree that Samsung is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

16.3 You acknowledge and agree that Samsung is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

17. Changes to the Terms and Conditions

17.1 Samsung may make changes to the Terms and Conditions from time to time. When these changes are made, Samsung will make a new copy of the Terms and Conditions available at the STORE and any new additional terms will be made available to you from within, or through, the affected Services.

17.2 You understand and agree that if you use the Services after the date on which the Terms and Conditions changed, Samsung will treat your use as acceptance of the updated Terms and Conditions.

18. General legal terms

18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.

18.2 The Terms and Conditions and the other documents referred to within the Terms and Conditions constitute the whole legal agreement between you and Samsung and govern your use of the Services (but excluding any services which Samsung may provide to you under a separate written agreement), and completely replace any prior agreements between you and Samsung in relation to the Services.

18.3 You agree that Samsung may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the Services.

18.4 You agree that if Samsung does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which Samsung has the benefit of under any applicable law), this will not be taken to be a waiver of Samsung’s rights and that those rights or remedies will still be available to Samsung.

18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of the Terms and Conditions will continue to be valid and enforceable.

18.6 You acknowledge and agree that each Samsung affiliated company shall be third party beneficiaries to the Terms and Conditions and shall be entitled to directly enforce, and rely upon, any provision of the Terms and Conditions which confers a benefit on (or rights in favor of) it. Other than this, no other person or company shall be third party beneficiaries to the Terms and Conditions. For the purposes of this Agreement, an affiliated company of Samsung is any company, corporation, firm, partnership or other entity that controls Samsung, is controlled by Samsung or is under common control with Samsung; the term controls and controlled meaning the ability to direct the management of the relevant entity.

18.7 You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during its term. We specifically reserve the right to transfer this Agreement and operation of the STORE to a third party, provided that we will ensure such third party successor to this Agreement and for the operation the STORE is capable of operating the STORE and fulfilling its obligations under this Agreement.

18.8 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18.9 The Terms, and your relationship with Samsung under the Terms, shall be governed by the laws of [the Republic of Korea] without regard to its conflict of laws provisions. You and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in [Seoul, Korea] to resolve any legal matter arising out of or connected to these Terms and Conditions (including non-contractual matters). Notwithstanding this, you agree that Samsung shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.