Terms of Service for Family Hub
Effective Date: [2017.03.01]
Samsung Electronics Co., Ltd. together with its Affiliates (“Samsung”, “we”, “us”, or “our”) is pleased to offer you Family Hub, an application for the Samsung Smart Refrigerator and other mobile devices that allows you to access content, information and application by Samsung, its licensors, and/or its third party contractors (“Service”). This Agreement (“Agreement”) is a binding contract between you and Samsung which governs the use of the Servic. The Service is only for your own personal use. You may not use the Service for any commercial purpose or in any way not expressly permitted by this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG.
Samsung may modify this Agreement from time to time. If we change this Agreement, we will update the Effective Date listed above. If you continue to access or use the Service after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.
THE SERVICE IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THE SERVICE OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian and that you and your parent or guardian understand and consent to these terms and conditions. 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, including the transmission of content to and from third parties via the Internet; (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.
1. The Services
1.1 The Services are provided to you by Samsung and in some cases, by Samsung's Affiliates (as defined hereunder) on behalf of Samsung. You agree that Samsung’s Affiliates are each entitled to provide the Services to you under this Agreement.
1.2 When you access the Service, you may be asked to create an account and provide certain information including, without limitation, a valid email address. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any content placed by you on the Service. Use of the Service will require your devices to have access or connection via mobile network or Internet (fees may apply), and may require updates or upgrades from time to time. You agree that Samsung may automatically download and install updates onto your device from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the reliability and performance of such system requirements. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. You also acknowledge that the Service will not be available in all countries or on all devices, and may be subject to restrictions imposed by your network carrier or Internet provider. You are solely responsible for any charges incurred from your network provider related to the use of the Service.
1.3 The Services are provided only for your personal, noncommercial use. Subject to the terms and conditions of this Agreement, Samsung hereby grants you, and you accept, a limited, personal, nonexclusive, nontransferable and revocable right to use the Service only as authorized in this Agreement and in any applicable separate terms from Samsung. Access to the Services is licensed, not sold to you. All references to the Services include all related content, such as video, music, text, pictures, graphics, user interfaces, scripts and software used to implement and provide access to the Services, and any updates, upgrades, enhancements, modifications, revisions or additions to the Services made available by Samsung. However, Samsung is under no obligation to provide any updates, upgrades, enhancements, modifications, revisions or additions to the Services.
1.4 You must not access or attempt to access any of the Services other than through the interface for the Services made available by Samsung. Without limiting the foregoing, you must not access or attempt to access any of the Services through any automated means, including scripts or web crawlers.
1.5 You agree to comply with all instructions made available to you in connection with the Services.
1.6 Certain Services may automatically download and install updates from time to time from Samsung. Such updates may be in various forms, including bug fixes, enhanced or new functions or features, new software modules and completely new versions. You agree to receive such updates (and permits Samsung to deliver such updates to you) as part of the Services.
1.7 You may not use the Service for any purpose that is unlawful or prohibited by this Agreement. You are specifically prohibited from using the Service to share, publish or otherwise include content that (a) violates any third party’s rights, including privacy and intellectual property rights; (b) is obscene, abusive, threatening, defamatory, violent, illegal, hateful, discriminatory, racist, sexist, or otherwise objectionable (as determined in our sole discretion) or in non-conformance with Samsung’s content or use guidelines; or (c) contains viruses or other harmful software, code or other means that impact or limit the Service or the devices running the Service.
1.8 You may not interfere or attempt to interfere with the operation or use of the 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, using the Service, collect or harvest personal information, including but not limited to account names and contact information. You may not impersonate or pretend to be anyone else but you, including without limitation, by creating fraudulent or spoof accounts, or using someone else’s image without their consent.
1.9 You may not use any robot, spider, script, or any manual or automated program or other means to extract, download, index, create multiple accounts, frame, enclose, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Service.
1.10 You may not use the Service to make any unsolicited offers, request, advertisements, or spam.
1.11 If the Service permits you to post pictures, you may not submit, share, or post pictures that are (a) not yours or pictures that you do not otherwise have the right to post (i.e., pictures that you find on the Internet or photos of or including another individual who has not consented to you posting it); (b) pornographic, nude, partially nude or sexually suggestive pictures; (c) pictures depicting illegal conduct or activities; or (d) pictures that include any person other than yourself unless you have secured all necessary rights and licenses to do so.
1.12 You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, broadcast exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the Service or its content in whole or in part. You may not transmit, distribute, or broadcast any content included or accessible from the Service without our prior written consent unless we make the content available for distribution through a function on our Service, such as a social media plugin..
1.13 If the Service allows you to submit reviews, you may not submit any fake or fabricated reviews. Any reviews by you will be genuine and will represent your own personal experiences. You warrant that you have not been offered any payment or other incentive to write a review.
1.14 The ability to download or stream contents from the Service may be available to you only in your resident country and not available in any other location. If subject to such territorial restrictions, either imposed by Samsung or a content provider, you agree not to access or use or attempt to access or use the Service from outside of your resident country. Samsung may use technologies to verify such compliance.
1.15 A Service may have supplemental service terms and require additional consent from you before such Service or a feature or functionality of such Service is made available to you. By providing the additional consent, you shall be bound by the applicable supplemental terms in addition to this Agreement. To the extent of any actual conflict between the supplemental terms and this Agreement, the supplemental terms shall govern but only as specifically related to the Service to which the supplemental terms are applicable.
1.17 Voice and Video Communications. We may make voice and video communication available to you as part of the Service, subject to your network carrier’s restrictions as may be applicable. Such additional voice and/or video communication functionalities do not purport to be a replacement for your ordinary mobile or fixed-line telephone services. In particular, you acknowledge and agree that such voice and/or video communication functionalities do not allow you to make emergency calls to any emergency services.
1.18 Third Party Services. Use of the Service may include or link to services provided by a third party service provider (“Third Party Services”). Your use of Third Party Services shall be solely between you and the third party, and subject to the applicable terms and conditions from such third party. Samsung hereby disclaims all responsibility and liability for your use of Third Party Services, including but not limited to the reliability or the performance of Third Party Services. Samsung does not endorse any Third Party Services or any advertising, products or other materials on or available via Third Party Services. You purchase and use Third Party Services at your own risk.
1.19 Right To Modify, Suspend or Discontinue Service. Samsung reserves the right to change the Service without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung and its licensors reserve the right to modify, suspend, remove or disable your access to the Service or content, or discontinue the Service, in whole or in part, at any time without notice for any reason, and in no event shall Samsung be liable for any claims, costs or damages caused by or arising out of such actions.
2.1 Samsung may make available to you various electronic payment methods, such as credit card, or PayPal, to facilitate the purchase of content or other products or services with Samsung payment service. Samsung may or may not be the seller of the content, products or services you purchase. When you purchase content, products or services with Samsung payment service, you agree to abide by all applicable terms and conditions governing such electronic transaction whether such terms are included in an agreement with Samsung, the provider of such content, product or services, any provider of the means to conduct an electronic payment transaction, and your credit card company and your financial institution. Samsung reserves the right to add or remove payment methods at its sole discretion and possibly without notice to you.
2.2 When you make a purchase with Samsung payment service, your total price will include applicable sales tax.
2.3 To utilize Samsung payment service, you will need to have a Samsung Account. If you don’t have one already, you can sign up at account.samsung.com or on Smart Refrigerator. Use of the Samsung Account will be subject to the Samsung Account Terms and Conditions, available at https://account.samsung.com/membership/terms. You are responsible for providing accurate payment information and the full payment of your Digital Goods purchases. By using Samsung payment service, you authorize Samsung to charge your credit card or another selected payment account for your purchases. If you want to change your payment information, you may do so any time at the “Purchase Information” section within Samsung Smart Family Hub. There may be a temporary disruption of your access to the Samsung payment service until the validity of the new payment information is verified. Samsung does not store your actual credit card information or payment account log-in information.
2.4 Please note that the prices and currency charged for Digital Goods may vary depending on your location. Prices for Digital Goods may change at any time, and Samsung payment service does not provide price protection or refunds in the event of a price reduction or promotional offering.
3.1 The Service may display, include, or make available products, data, information, services, materials, software or other content provided, licensed or distributed by third parties, and/or other third parties who license content and/or other services to us. Our agreements with these third parties may require Samsung to black-out and restrict the availability of and your access to certain content or services for periods of time. You agree that any third party that provides Samsung with such materials is hereby deemed an intended third party beneficiary of this Agreement and shall have the right to enforce any and all obligations of users of the Service under this Agreement to the same extent as if the third party provider were a party to this Agreement and in every respect, at law or in equity. However, Samsung does not assume and will not have any liability or responsibility to you or any other person or entity for any such third party materials and they are provided solely as a convenience to you, and you access and use them entirely at your own risk and may be subject to such third parties' terms and conditions.
3.2 Samsung is not responsible for any content you may access as part of or via your use of the Services (including audio and sound files, data files, images, graphics, animation, music, photographs, software, videos and written text) that were created by or are owned by a third party ("Third Party Content"), including advertisements, messages, or other sponsored content. Any responsibility or liability for any Third Party Content shall remain solely with the creator, owner, or licensee of such Third Party Content and not with Samsung whatsoever.
3.3 You acknowledge and agree that Third Party Content is protected by the proprietary and intellectual property rights of the creator, owner and licensee of such Third Party Content. You must not modify, reverse-engineer, copy, rent, lease, loan, sell, resell, re-transmit, distribute, trade, publicly display or create derivative works of any Third Party Content, either in whole or in part, without obtaining a license from such creator, owner or licensee.
3.4 Samsung does not endorse, promote, support, verify, or monitor any content submitted to the Service, or any opinion, recommendation, action, or advice provided in such content. Content types (e.g., genres, sub-genres, categories and sub-categories) and descriptions, if provided, are provided for convenience purposes only, and you acknowledge and agree that Samsung does not guarantee their accuracy. Samsung reserves the right to remove content without prior notice and for any reason in our sole discretion. Samsung may, but have no obligation to monitor your use of the Service, your accounts, content, and communications that we determine in our sole discretion violates this Agreement. 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 this Agreement. Any unauthorized use shall be considered by Samsung to be a violation of this Agreement. 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 this Agreement. Any blocking of data required for compliance under this Agreement is considered to be violation of this Agreement and may result in immediate termination of your right to use the Service. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
3.5 You acknowledge and agree that, by using the Services, you may be exposed to Third Party Content that you may find offensive, indecent or objectionable and that, in that respect, you agree to use the Services at your own risk. Samsung shall have no liability to you for content that may be offensive, indecent, explicit, adult-oriented, or objectionable.
3.6 Infringing Content. It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or an agent thereof and believe that any posting or other content on the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work
claimed to have been infringed;
· Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
· Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement can be reached at:
Steve Merlis, Senior Counsel - Federal Affairs
Samsung Electronics America, Inc.
1200 New Hampshire Ave., N.W.
Washington, DC, 20036
4. Samsung's Proprietary Rights
4.1 You acknowledge that the Service is proprietary to Samsung and its licensors, and protected under applicable copyright, patent, trademark and trade secret laws. You acknowledge and agree that Samsung (or Samsung's licensors) owns all legal right, title and interest in and to the Services, including all intellectual property rights (existing anywhere in the world and whether registered or not) which subsist in the Services. This Agreement does not grant you any ownership interest in or to the Service, but only a limited license to use that is revocable in accordance with the terms of this Agreement. Notwithstanding the foregoing, we do not claim ownership of any pictures or content that you may post or submit on the Service. You represent and warrant that you have secured (and are able to produce proof in writing) of any and all rights necessary and appropriate to submit the pictures and content on the Service, including all necessary releases. When you upload, submit, store, send or receive any picture or content through the Service, you are granting Samsung a perpetual, worldwide, unrestricted, non-exclusive, royalty-free, transferable license to use, host, store, reproduce, display, publish, modify, create derivative work, communicate, and distribute such pictures and content. The rights you grant in this Section are for the limited purpose of operating, promoting, and improving Samsung Services, and to develop new ones. Nothing in these Terms gives you a right to reproduce, copy, imitate, distribute, sell, broadcast, license, or otherwise use any of Samsung’s trademarks, logos, domain names, and other distinctive brand features in whole or in part.
4.2 You must not remove, obscure, or alter any proprietary rights (including copyright and trade mark notices) which are affixed to or contained within the Services.
The Services or a part thereof may display advertisements and promotions and may be supported by advertising revenue. Such advertisements and promotions may be targeted to you based on information you may make available through the Services and through queries made by third parties in connection with your use of the Services.
6. Term and Termination of this Agreement
6.1 This Agreement is effective upon your acceptance of the Agreement, 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 this Agreement is terminated consistent with the terms herein..
6.2 If you fail, or Samsung reasonably suspects that you have failed to comply with any of the provisions of this Agreement, 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 this Agreement.
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 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 this Agreement, (ii) any breach of this Agreement 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.
8. Warranties Disclaimer
8.1 THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, AND SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
8.2 WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG, ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES OR THE CONTENT THEREIN WILL (a) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (b) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS (c) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU AND THE INFORMATION YOU PROVIDE) FROM UNAUTHORIZED ACCESS, (d) WILL BE ACCURATE, COMPLETE, OR RELIABLE, (e) THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR (f) THAT ERRORS OR DEFECTS WILL BE CORRECTED.
8.3 YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCE(S) THAT RESULTS, INCLUDING ANY DAMAGE OR HARM CAUSED BY ANY VIRUS, SPYWARE, WORM OR MALWARE.
8.4 NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM SAMSUNG ON OR VIA THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.
9. Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMSUNG, ITS AFFILIATES 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.
11. General Terms
11.1 Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import.
11.2 The failure of Samsung to enforce at any time any of the provisions of this Agreement, or the failure by Samsung to require at any time performance by you of any of the provisions of this Agreement, 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 this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
11.3 If any term or provision of this Agreement is held to be invalid 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 Agreement. The remaining provisions of this Agreement shall remain in effect and shall be construed in accordance with its terms..
11.4 Sections 1.2, 2, 5, 6 and 8 of this Agreement, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of this Agreement, and shall remain valid and binding.
11.5 The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
11.6 You acknowledge and agree that each Samsung Affiliate shall be a third party beneficiary to this Agreement and shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Subject to the foregoing, no other person shall be a third party beneficiary to this Agreement. For the purposes of this Agreement, an Affiliate 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.
11.7 You may not transfer or assign this Agreement or any of your rights or 10.8 Samsung will not be liable or responsible for any failure to perform, or delay in performance of, any of any obligations under this Agreement that is caused by acts or events beyond Samsung’s reasonable control.
11.8 This Agreement including all revisions and amendments thereto shall be governed by the laws of the State of New York without regard to its conflict of law principles. By using the Services, you unconditionally consent and agree that: (a) 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 Services or the determination of the scope or applicability of this clause, will be resolved exclusively by final and binding arbitration administered by the ICC and conducted before a sole arbitrator in accordance with the rules of the ICC; (b) 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; (c) the arbitration shall be held in New York City, New York; (d) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any other agreements referenced herein that the User has agreed to in connection with the Services; (e) 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; (f) 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 Samsung; (g) the arbitrator shall not have the power to award punitive damages against you or any Samsung Entity; (h) 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 ICC) 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 (i) with the exception of subsection (f) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the rules of ICC, 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 (f) above is found to be invalid, unenforceable or illegal, the entirety of this arbitration provision shall be null and void, and neither the User nor Samsung shall be entitled to arbitrate the dispute. For more information on the ICC and/or the rules of the ICC, visit their website at www.iccwbo.org.
11.10 Translation of this Agreement
You acknowledge and agree that any translation of this Agreement in a language other than English is provided for your convenience only. The English language version of this Agreement governs in the event of any contradiction between a translation and the English language version of this Agreement.