PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR THE PERSONAL DATA MANAGEMENT (“PDM”) SERVICES CAREFULLY BEFORE USING THE PDMSERVICES. The PDMServices offer storing (and automatically transferring to your other PDM-enabled devices) some of your personal content, such as you contacts and calendars, as well as backing-up of some of yourpersonal contents created or received through a qualifying Samsung phone. The contents that qualify for the PDM Services are referred as “Contents”. These supplementary terms of service for the PDM services (the “PDM TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its subsidiaries (collectively “Samsung” or “we”) and you as user of the PDM services. The PDM TOS supplements the Samsung Service Terms and Conditions ("Service Terms and Conditions") that you have already agreed to (or concurrently agree to along with this PDMTOS) when opening a single sign on user account with Samsung (the "Samsung Account"). For those of you who do not have a Samsung Account yet, please read the Service Terms and Conditions that are provided through this link or under [https://account.samsung.com/membership/terms]and open a new Samsung Account before using the PDM services.Even though the most critical and important service terms are covered here in the PDM TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to the PDM servicesare incorporated by reference into this PDM TOS. In case of any inconsistency or conflict between the PDM TOS and theService Terms and Conditions, the PDM TOS shall prevail in relation to the PDM services.
1. Acceptance of the PDM TOS
1.1 BY USING THE PDM SERVICES, YOU AGREE TO BE BOUND BY THIS PDM TOS. IF YOU DO NOT AGREE TO THE PDMTOS, PLEASE DO NOT USE THE PDMSERVICES.
1.2 THE PDMSERVICESARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, 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 to make sure that you and your parent or guardian understand these terms and conditions. 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 PDM services, you agree to: (i) exercise supervision over the minor's use of the PDM services; (ii) assume all risks associated with the minor’s use of Contents or other content received through the PDM services 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 PDM services, including payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.
2. Provision of the PDM Services by Samsung
2.1 The PDM services are available for qualifying Samsung devices. If your Samsung device qualifies for the PDM services, Samsung grants you a non-exclusive, non-transferable, limited right and license to access and use the PDM services for your personal use only, provided that you comply fully with these PDM TOS. You shall not interfere or attempt to interfere with the operation or use of PDM services 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. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the PDMTOS .
2.2 If you fail, or Samsung suspects that you have failed, to comply with any of the provisions of these PDM 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 PDM services, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the PDM services and/or the Contents, in whole or in part.
2.3 You acknowledge and agree that the PDM services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.
3. Your Use of the PDM Services
3.1 In order to use the PDM services you are required to already have or newly open a Samsung Account. In addition to the registration data provided about yourself when opening the Samsung Account you may be required to provide additional information about yourself before you can continue to use the PDM services.
3.2 The PDM services let you store your Content, such as you contacts, calendars, bookmarks and S-Memos as well as automatically push such stored Content ontoyour mobile telephone or other communications devices, as authorized by Samsung (each, an “Authorized Device”).The PDM services also automatically back-up some of your phone-specific information such as call logs, SMS/MMS and device settings information. Samsung plans to service additional categories of contents, either as part of the PDM Services or in deep integration with the PDM Services.
3.3 Use of the PDM services requires one or more compatible Authorized Devices, access or connection via mobile network or Internet (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the PDM services involves hardware, software, and Internet access, your ability to use the PDM services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
3.4 The PDM services may not be available to you in all languages or in all countries.
3.5 You may not use the PDM services for any purpose that is unlawful or prohibited by the PDM TOS. You are specifically prohibited from using the PDM services in connection with any activity that is in violation of any third party’s rights, including intellectual property rights. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations.
3.6 Samsung’s software that you utilize for the PDM services 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 PDM services.
3.7 Samsung reserves the right to change the PDM services without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung reserves the right to change, suspend, remove, or disable access to the PDM services, in whole or in part at any time without notice for any reason or no reason at all, and in no event will Samsung be liable for any claims, costs, or damages caused by or arising out of such actions.
4. Protection of Privacy and Content
5.1 Even though the PDM services will be initially offered to you free of charge, Samsung reserves a right to add for fee-charging features and functionalities in the future.
6. Warranties, Representations and Liability
6.1 THE PDM SERVICESIS PROVIDED “AS IS” AND “AS AVAILABLE”. REGARDING THE PDM SERVICES SAMSUNG'S WARRANTIES, REPRESENTATIONS AND LIABILITY AS SET FORTH IN THE SERVICE TERMS AND CONDITIONS SHALL BE FULLY APPLICABLE. SAMSUNG MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE PDM SERVICES BEYOND THE SCOPE OF THE SERVICE TERMS AND CONDITIONS.
6.2 You are responsible for backing up your Contents to your own storage devices or media as Samsung does not guarantee or warrant that you will always be able to retrieve the Content you store or back up through the PDM services. You acknowledge and agree that, despite Samsung’s due care in providing the PDM services, your Contents may be subject to inadvertent corruption or loss.