PEN.UP SUPPLEMENTARY TERMS OF SERVICE
PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR THE PEN.UP CAREFULLY BEFORE PARTICIPATING IN THE PEN.UP. PEN.UP 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 PEN.UP govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively "Samsung" or "we") and you as user of the PEN.UP. 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. The PEN.UP 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 the PEN.UP.
1. Acceptance of these TOS
1.1 BY ACCESSING OR DOWNLOADING THE PEN.UPAPPLICATION OR OTHERWISE USING ANY PART OF THE PEN.UP SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND UNCONDITIONALLY AGREED TO BE BOUND BY THESE TOS.
1.2 THE PEN.UP SERVICEIS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE. 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 to make sure that you and your parent or guardian understand these TOS. If you are a parent or guardian permitting a person under the age of majority in his or her resident country (a "minor") to use the PEN.UP service, you agree to: (i) exercise supervision over the minor's use of the PEN.UP service; (ii) assume all risks associated with the minor's use of the PEN.UP service including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume liabilities resulting from the minor's use of the PEN.UP services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.
2. Provision of the PEN.UP Services by Samsung
2.1 Samsung grants you a non-exclusive, non-transferable, limited license, without right of sublicense to access and use the PEN.UP service for your personal use only, provided that you comply fully with these PEN.UP TOS.
2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these PEN.UP TOS, then without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, without notice to you may: (i) terminate your use of the PEN.UP service; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the PEN.UP service.
2.3 You acknowledge and agree that the PEN.UP service may be provided by Samsung's affiliates or subcontractors on behalf of Samsung.
2.4 Use of the PEN.UP service may require your devices to have access or connection via mobile network or Internet (fees may apply), and certain software, and may require obtaining updates or upgrades from time to time. Because use of the PEN.UP service involves hardware, software, and Internet access, your ability to use the PEN.UP service may be affected by the suitability 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 PEN.UP service will not be available in all countries or on all devices, and the PEN.UP service may be subject to restrictions imposed by your network or internet provider.
2.5 Samsung's software that you utilize for the PEN.UP 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 PEN.UP service. While such updates are for enhancements of the PEN.UP service, in some circumstances some features may be discontinued. You agree that Samsung may modify or discontinue the PEN.UP service or its features, in whole or in part, with or without notice to you. Samsung reserves the right to change, modify, add, or remove portions of these TOS in its sole discretion with or without prior notice. When we amend these TOS, we will revise the "last updated" date located at the bottom of these TOS. If you access or use the PEN.UP in any way after these TOS have been changed, you will be deemed to have unconditionally consented and agreed to such changes.
3. Your Use of the PEN.UP Service
3.1 In order to use the PEN.UP service you are required to provide information about yourself by registering for a Samsung Account ("Registration Data")before you can continue to use the PEN.UP services. 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. If Samsung adds fee-charging features to the PEN.UP, your Registration Data may include, without limitation, credit card, wireless carrier account, PayPal or other payment processor account information.
3.2 You understand that by using the PEN.UP service, you may encounter Postings that may be deemed offensive, indecent, explicit or objectionable. You agree to use the PEN.UP services at your sole risk and that Samsung shall have no liability to you for Postings that may be found to be offensive, indecent, explicit or objectionable.
3.3 You may not use the PEN.UP service for any purpose that is unlawful or prohibited by these TOS. You are specifically prohibited from using the PEN.UP 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, abusive, threatening, defamatory, libelous or otherwise objectionable or illegal; (iii) that 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 PEN.UP 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 PEN.UP 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 third party's intellectual property rights, Samsung reserves the right, in its sole discretion, to terminate your right to use the PEN.UP service without 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 PEN.UP 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 PEN.UP in any manner that could damage, impair, disable, overburden or harm the PEN.UP service or circumvent the intended functionality of the service, or otherwise interfere with or attempt to interfere with the operation or use of PEN.UP 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, not limited to, username, names and other user's profile, using the PEN.UP software and service. You will not post anyone's personally identifiable information on the PEN.UP service without such person's express consent.
4.1 You acknowledge and agree that you may be asked to provide Registration 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 PEN.UP 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 PEN.UP username. Samsung reserves the right to reclaim your PEN.UP username in case you discontinue your use of PEN.UP or any user with trademark or other legal rights demands use of such username.
4.4 Samsung informs you that the PEN.UP enabled Google Analytics Advertising feature, User ID feature and discloses you the following information in accordance with Policy requirements for Google Analytics Advertising Features, User ID feature:
We’ve implemented Google Analytics Demographics and Interest Reporting, Cross Device Reporting.
We use Google Analytics tags and Google Tag Manager.
You can opt-out of the Google Analytics Advertising Features, User ID feature through Settings in mobile app and web.
5. Sharing Your Content
5.1 You own the Postings that you post on the PEN.UP service and you are solely responsible to ensure that you have all rights that are legally necessary for use to post such Postings or otherwise submit such content and information to the PEN.UP 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 PEN.UP, 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 drawings, writings, photos, pictures ("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 license to use any IP content that you post on or in connection with the PEN.UP service ("IP License"). This IP License 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 for a reasonable period of time.
6. Fees and Advertisements
Even though the PEN.UP service will be initially offered to you only with free-of-charge features, 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 PEN.UP service.
7. Disclaimer of Warranties and Limitation on Liability
THE PEN.UP SERVICEIS 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 PEN.UP SERVICE. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE PEN.UP SERVICE.
8. Special Provision Applicable to Users within the United States: Copyright Agent
THE FOLLOWING PROVISIONS APPLY TO USERS AND NON-USERS WHO INTERACT WITHIN THE UNITED STATES:
If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send our Copyright Agent a notification with all of the following information:
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• your physical or electronic signature.
Please send all of the above information to the Copyright Agent identified below. Please do not send notices or inquiries about anything other than alleged intellectual property infringement to our Copyright Agent:
Steve Merlis, Senior Counsel - Federal Affairs
Samsung Telecommunications America, LLC
1200 New Hampshire Ave., N.W.
Washington, DC, 20036