Samsung Service: Terms and Conditions

1. Agreement between Samsung and the User

  1. 1.1 In this document:
    (a) "We", "us", or "Samsung" means Samsung Electronics Co., Ltd, whose principal place of business is at 416, Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea; and
    (b) "User" means a user of Samsung's productions, application, software, services, websites and other related services provided by us or any third party designated by us (collectively (and excluding any services provided to such user by us under a separate written agreement) the "Services").
  2. 1.2 The User's use of the Services is subject to the terms and conditions set out below and any other terms and conditions applicable to the User from time to time, including but not limited to, Samsung's privacy policy and all other documents referred to in this document (all such terms and conditions collectively constituting the "Agreement").
  3. 1.3 The User should read the Agreement carefully. The Agreement is a legally binding agreement between Samsung and the User in relation to the Services and the User's use of the Services.

2. Acceptance of Agreement

  1. 2.1 The User must accept the terms of the Agreement in order to use the Services, and may not use the Services otherwise. It is important for the User to read and understand the terms of the Agreement before accepting them. The User should not click accept if there is any term that the User does not understand or agree to. Once the User accept the terms of the Agreement, he or she will be bound by them.
  2. 2.2 Subject to Clause 2.3, the User will accept the terms of the Agreement by clicking to accept or agree to the Agreement via the user interface for the Services.
  3. 2.3 Any purported acceptance of the terms of the Agreement by any of the following persons will not be valid, and such persons may not use the Services: (a) any person who is not of legal age to form a binding contract with Samsung, or (b) any person who is barred from receiving the Services, in each case, under the laws of any country.

3. Translation of the Agreement

  1. 3.1 The User acknowledges and agrees that any translation of the English language version of the Agreement provided by Samsung to the User is provided for the User's convenience only, and that the English language version of the Agreement will take precedence over the translation in the event of any contradiction between them.

4. The Services

  1. 4.1 The Services are provided to the User by Samsung and in some cases, by Samsung's subsidiaries and affiliated legal entities worldwide (together, the "Samsung Affiliates") on behalf of Samsung. The User acknowledges and agrees that the Samsung Affiliates are each entitled to provide the Services to the User under the Agreement.
  2. 4.2 The User acknowledges and agrees that there may be non-material changes to the form and nature of the Services provided may change from time to time without prior notice to the User.
  3. 4.3 The User acknowledges and agrees that Samsung may (in its sole discretion) suspend or cease providing the Services (or any part of the Services) to a specific User or all Users without prior notice to the User.
  4. 4.4 The User acknowledges and agrees that Samsung may disable the User's access to the User's account for the Services, in which case, the User may be prevented from accessing the Services, the User's account details and any files or other content contained in the User's account.
  5. 4.5 The User acknowledges and agrees that Samsung may, at any time and in its sole discretion, set a limit on the number of transmissions the User may send or receive through the Services or on the amount of storage space used for the provision of the Services (or any part of them). Without limiting Samsung's rights under Clause 4.3 and Clause 4.4, Samsung may suspend the User's access to the Services if the User exceeds any such limit set from time to time.
  6. 4.6 The User may stop using the Services at any time without prior notice to Samsung.

5. Using the Services

  1. 5.1 The User agrees to use the Services for personal and non-commercial purposes only and subject to those purposes being permitted by (a) the Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  2. 5.2 The User 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, the User must not access (or attempt to access) any of the Services through any automated means (including scripts or web crawlers).
  3. 5.3 The User must comply with all instructions made available to the User in connection with the Services.
  4. 5.4 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 functions, new software modules and completely new versions. The User agrees to receive such updates (and permits Samsung to deliver such updates to the User) as part of the Services.
  5. 5.5 The User must not engage in any activity that causes interference with or disruption to the Services or any servers or networks that are connected to the Services.
  6. 5.6 The User must not reproduce, duplicate, copy, sell, trade or resell the Services (or any part of them).
  7. 5.7 The User is solely responsible for any breach of the User's obligations under the Agreement and for the consequences of any such breach, including any loss or damage which Samsung or any third party may suffer. Samsung will have no responsibility to the User or to any third party in respect of such breach.
  8. 5.8 To the extent permitted by law, for any Service that may require consent of the User before such Service is available to the User, the User, by consenting to it, shall be solely responsible for any loss or damage that may raise from using such Service and Samsung will have no responsibility and liability to the User or to any third party in respect of the use of such Service by the User.
  9. 5.9 Some Services may offer location-based services or functionality by collecting, storing, transmitting or processing User location data that the User may provide upon consenting to the use of such Services. The User recognizes that such location-based Services may be inaccurate or incomplete and shall not be used for emergency or life saving purposes. To the extent permitted by law, the User shall be solely responsible for any loss or damage that may raise from using such Services and Samsung will have no responsibility and liability to the User or to any third party in respect of the use of such Services by the User.

6. Passwords and account security

  1. 6.1 The User is responsible for maintaining the confidentiality of the User's passwords for all accounts used by the User to access the Services. The User acknowledges and agrees that the User is solely responsible to Samsung for all activities that occur under all such accounts.
  2. 6.2 The User must notify Samsung by email to samsungaccountsupport@sta.samsung.com immediately upon becoming aware of any unauthorized use of any of the User's passwords or accounts.

7. Registration Data

  1. 7.1 The User may be required to provide information about himself or herself in order to access the Services (for example, when registering to use the Service or any part of them), or in the course of using the Services.
  2. 7.2 The User agrees to provide accurate, current, and complete information required to register to use the Services and at other points as may be required in the course of using the Services ("Registration Data"). The User further agrees to maintain and update the User's Registration Data as required to keep it accurate, current, and complete. Samsung may terminate the User's rights to any or all of the Services if any information provided by the User is false, inaccurate or incomplete.
  3. 7.3 The User agrees to the use of the User's Registration Data in accordance with Samsung's privacy policy. Samsung's privacy policy sets out Samsung's data protection practices and describes how Samsung will treat the Registration Data and will protect the User's privacy when using the Services.
  4. 7.4 Upon obtaining consent from the User, Samsung may disclose the User's Registration Data to a third party.

8. Content rights

  1. 8.1 The User acknowledges that all content that is accessible as part of or via the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is the sole responsibility of the originator of such Content. Such Content may include content in the form of advertisements or other sponsored Content.
  2. 8.2 The User acknowledges and agrees that the Content may be protected by proprietary or intellectual property rights of third parties (such as advertisers and sponsors or their agents who provide such Content to Samsung). The User must not modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part).
  3. 8.3 Samsung may (but is not obliged to) pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services.
  4. 8.4 The User acknowledges that he or she uses the Services understanding the risk that he or she may find some Content to be offensive, indecent or objectionable.

9. Samsung's proprietary rights

  1. 9.1 The User acknowledges and agrees 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.
  2. 9.2 The User acknowledges that the Services may contain information which is confidential to Samsung and agrees not disclose such information without Samsung's prior written consent.
  3. 9.3 Nothing in the Agreement gives the User any right to use any of Samsung's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. To the extent that the User is entitled to such use under a separate written agreement with Samsung, such use must be in compliance with that agreement, any applicable provisions of the Agreement, and Samsung's brand feature use guidelines as updated from time to time.
  4. 9.4 The User must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which affixed to or contained within the Services.
  5. 9.5 The User must not use any trade mark, service mark, trade name, logo of any person in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. Samsung Services licence

  1. 10.1 Samsung grants to the User a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services as provided by Samsung to the User ("Licence"). The Licence is granted for the sole purpose of enabling the User to use and enjoy the benefit of the Services as provided by Samsung, in the manner permitted by the Agreement. The User may not allow any other person to use the Services and may not use the Services to provide services to any other person.
  2. 10.2 The User may not (and may not permit any other person to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Samsung Services (or any part of it), unless this is expressly permitted or required by law, or expressly permitted by Samsung in writing.
  3. 10.3 The User may not assign, grant a sub-license of, or grant a security interest in or over, the Licence or any rights under it, loan or lease the Services, or otherwise transfer the Licence or any rights under it, to any person.
  4. 10.4 Except for the User's limited right to use the Services under the Licence, Samsung retains all rights in and to the Services.

11. Changes to the Agreement

  1. 11.1 Samsung may make changes to the terms of the Agreement from time to time for security, commercial or legal reasons. When these changes are made, the User will be notified separately and will be prompted to consent to or decline the newly revised terms of the Agreement. The User may end this Agreement at any time if he or she does not agree to the amended terms of the Agreement.

12. Termination of the Agreement

  1. 12.1 The Agreement will remain in force until terminated by either the User or Samsung in accordance with this Clause 15.
  2. 12.2 The User may terminate this Agreement at any time by (a) providing notice of cancellation in writing to Samsung at the address set out in Clause 1; and (b) closing all of the User's accounts for the Services used by the User, where Samsung has made this option available to the User.
  3. 12.3 Samsung may terminate this Agreement at any time:
    (a) immediately if the User has breached any provision of the Agreement (or has acted in manner which clearly indicates that the User does not intend to, or is not able to comply with the provisions of the Agreement);
    (b) immediately if Samsung is required to do so by law (for example, where the provision of the Services to the User is, or becomes, unlawful);
    (c) [upon thirty (30) days notice,] if the partner with whom Samsung offered the Services to the User has terminated its relationship with Samsung or ceased to offer the Services to the User;
    (d) [upon thirty (30) days notice,] if Samsung is transitioning to no longer providing the Services to users in the country in which the User is resident or from which the User uses the Services; or
    (e) [upon thirty (30) days notice,] if the provision of the Services to the User by Samsung ceases to be commercially viable (in Samsung's opinion).
  4. 12.4 Nothing in this Clause 15 affects Samsung's rights in relation to the provision of Services under Clause 4.
  5. 12.5 Upon termination of the Agreement, all of the legal rights, obligations and liabilities that the User and Samsung have benefited from, been subject to, or which have accrued during the term of the Agreement or are expressed to continue indefinitely, will be unaffected by such termination.

13. EXCLUSION OF WARRANTIES

  1. 13.1 NOTHING IN THESE TERMS, INCLUDING THIS CLAUSE 136 AND CLAUSE 147, EXCLUDES OR LIMIT SAMSUNG'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN THE USER'S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND SAMSUNG'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  2. 13.2 Samsung will use commercially reasonable endeavours to ensure that the Services are available to the User without undue disruption, interruption or delay. If there is a disruption, interruption or delay, Samsung will use commercially reasonable endeavours to ensure that it is kept to a minimum.
  3. 13.3 IN PARTICULAR, SAMSUNG, THE SAMSUNG AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE USER THAT:
    (a) THE USER'S USE OF THE SERVICES WILL MEET THE USER'S REQUIREMENTS;
    (b) ANY INFORMATION OBTAINED BY THE USER AS A RESULT OF THE USER'S USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
    (c) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO THE USER AS PART OF THE SERVICES WILL BE CORRECTED.
  4. 13.4 THE USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  5. 13.5 NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY THE USER FROM SAMSUNG ON OR VIA THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.

14. LIMITATION OF LIABILITY

  1. 14.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SAMSUNG'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY; (II) FRAUD; OR (III) ANY THING WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
  2. 14.2 SUBJECT TO PARAGRAPH 13.1 ABOVE, SAMSUNG SHALL NOT BE LIABLE TO THE USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGE OR LOSSES HAS BEEN NOTIFIED TO SAMSUNG, FOR:
    (a) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; OR
    (b) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); OR:
    (c) ANY DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT); OR
    (d) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
    (i) ANY RELIANCE PLACED BY THE USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE USER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING IS MADE AVAILABLE ON OR VIA THE SERVICES;
    (ii) ANY CHANGES TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM);
    (iii) THE USER'S FAILURE TO PROVIDE SAMSUNG WITH ACCURATE ACCOUNT INFORMATION; OR
    (iv) THE USER'S FAILURE TO KEEP THE USER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

15. General

  1. 15.1 Samsung intends to rely upon only the written terms set out in the terms of this Agreement and not any representations made elsewhere, in advertising or directly to the User by any of our employees. The User must read the terms of this Agreement carefully and should contact Samsung and must not use the Services if the terms include things that the User does not wish to agree to. In that way any confusion about what the User and Samsung are expected to do can be avoided. .
  2. 15.2 The User agrees that Samsung may provide the User with notices (including notices relating to changes to the Agreement), by email, ordinary mail, or postings on or via the Services.
  3. 15.3 The User agrees that if Samsung does not exercise or enforce any legal right or remedy which is set out in the Agreement, or which Samsung has the benefit of under any applicable law, this will not be construed as a formal waiver of Samsung's rights or remedies and that such rights or remedies remain available to Samsung.
  4. 15.4 If any provision of this Agreement is invalid, as determined by a court of law having the jurisdiction to decide on this matter, then that provision will be removed from the Agreement without affecting the remaining provisions of the Agreement, which will continue to be valid and enforceable.
  5. 15.5 The User acknowledges and agrees that each Samsung affiliated company shall be a third party beneficiary to the Agreement and shall be entitled to directly enforce, and rely upon, any provision of the 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 the Agreement. For the purposes of the 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.
  6. 15.6 The User may not transfer, assign, charge or otherwise dispose of the Agreement which is personal to the User, or any of the User's rights or obligations arising under it, without our prior written consent. We will not refuse to give consent without good reason.
  7. 15.7 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 endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
  8. 15.8 These Terms and Conditions, and your relationship with Samsung under these Terms and Conditions, shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. You and Samsung agree to submit to the exclusive jurisdiction of the courts located within the county of Dallas, Texas to resolve any legal matter arising from these Terms and Conditions. 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.

Samsung Apps Terms and Conditions for Users

1. Your use of Samsung Services

  1. 1.1 Your use of the Samsung Apps website at apps.samsung.com ("Store") and any application, software, services, websites, WAP and other related services provided by us or any third party designated by us (collectively, "Services", excluding any application, software or services provided to you by Samsung under a separate written agreement) is subject to the terms and conditions set out below (collectively, the "Terms"). Your use of the Services is also subject to Samsung's privacy policy, located at http://www.samsung.com/us/common/privacy.html (the "Privacy Policy"), which is hereby incorporated with the Terms by this reference, and shall be subject to any other terms, policies and guidelines that Samsung may adopt for the Services from time to time.
    "Samsung" means Samsung Electronics Co., Ltd, and Samsung Affiliated Companies, as defined in Section 16.5. You may contact us through the Help menu of the Store.
    By using the Service, you can purchase, access and download the content and software applications available in the Store ("Application(s)"), including updates, either at no charge or for the price indicated. Applications available in the Store may be provided by third parties or Samsung. If you purchase a third party Application, you will enter into a contract directly with the third party Application provider, not Samsung.

2. Accepting the Terms

  1. 2.1 PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG RELATING TO YOUR USE OF THE STORE AND THE SERVICES. In order to use the Services, you must first agree to the Terms. If you do not accept the Terms, you may not use the Services.
  2. 2.2 Samsung may modify these Terms from time to time. If you continue to use the Service after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.
  3. 2.3 You may not use the Services or provide us with personal information if: (a) you are under the age of 18 or under the age of majority in your jurisdiction; however, if you are between 13 and 18 (or the age of majority in your jurisdiction) and you have obtained the permission from your parent or legal guardian for your use of the Services, and your parent or legal guardian agrees to these Terms on your behalf, you may use the Store or Services provided you comply with Section 2.3 below), (b) you are a person barred from receiving the Services under the applicable laws of the jurisdiction in which you are a resident or from which you use the Services, or (c) you are in a country or location to which Samsung does not provide the Services.
  4. 2.4 If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), before you use the Services, Samsung may ask you to confirm that you have obtained the permission of your parent or legal guardian, and that they have agreed to these Terms on your behalf. Even if Samsung does not do this, if you use the Services, you are representing the foregoing is true.

3. Service territory

  1. 3.1 The Service is made available only in certain countries and/or territories, at Samsung's sole discretion. If you do not reside in one of these countries or territories, you may not use the Services. Samsung may use certain technologies to verify such compliance.

4. Registration

  1. 4.1 In order to access the Services, you will need to provide certain information about yourself as part of the registration process, or as part of your continued use of the Services. 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. Samsung may terminate your rights to all or part of the Service if any information you provide is false, inaccurate or incomplete.
  2. 4.2 You may be required to provide a username, using your email address and password to create your account to use the Services ("Account"). You understand that you are responsible for maintaining the confidentiality of your username and passwords. Accordingly, Samsung is not responsible for any issues arising from or relating to your Account due to your failure to protect your username and/or passwords. If you become aware of, or suspect any unauthorized use of your username, password or of your Account, you must notify us immediately through the Help menu of the Store.
  3. 4.3 You can opt for the credit card settings option when you submit your Registration Data or when you purchase an Application (by providing your credit card information at that point). Your credit card information and billing information will be stored, managed and kept by credit card companies or Samsung's third party payment gateway provider. Their privacy policies will apply with regard to your credit card information and other personal information you submit.
  4. 4.4 You can also register as a seller using your buyer ID. Additional terms apply to seller members of the Store. Please refer to http://seller.samsungapps.com/help/termsAndConditions.as.

5. Privacy

  1. 5.1 Samsung respects your privacy. In order to make the Services available to you and process the transactions made by you, Samsung may collect certain information and personal data from you, and use such information and data in accordance with our Privacy Policy. Samsung may update the Privacy Policy from time to time, so please periodically review the Privacy Policy.

6. Purchasing Applications

  1. 6.1 As detailed in Section 7.2 below, each third party Application is licensed to you by the third party Application provider through a separate agreement between you and such third party Application provider. Samsung Applications are licensed to you by Samsung. In each case, you will pay the purchase price of the Application (if any) to Samsung, either by credit card or by a mobile phone billing service. Please note that the prices charged for the Applications are subject to change, and the currency or price may vary depending on your location.
  2. 6.2 The price for each Application is inclusive of sales, value added and all other applicable tax at the applicable rate. The price for each Application is exclusive of any telecommunication charges which may be billed separately by your mobile operator.
  3. 6.3 Your order for an Application is accepted when Samsung delivers the Application to your device or when Samsung emails you the order confirmation, whichever happens first. Samsung reserves the right, at its sole discretion, to accept or reject your order.
  4. 6.4 You agree to pay for all Applications you license through the Services. Samsung may charge you for all Applications purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing Samsung with valid mobile phone billing account or credit card information. All fees will be billed to the mobile phone billing account or the credit card account you provide during the registration process. If you want to change your billing information, you may do so online at the "Account Information" section of the Store. There may be a temporary disruption of your access to the Services until Samsung can verify the validity of the new billing account or credit card account information.
  5. 6.5 Completed purchases are not subject to refund or cancellation. If an Application has a material defect, please contact us through the Help menu of the Store and the Application will be replaced, made available for downloaded again, or a coupon will be provided to you in the equivalent value to the Applications purchase price, which you may use for subsequent purchase(s) at the Store.

7. License of Application

  1. 7.1 The Applications and any other content made available to you through the Services are licensed, not sold, to you. Your license to each Application you obtain through the Service is subject to the applicable end user license agreement or other applicable end user terms of use. All rights not expressly granted to you are hereby reserved.
  2. 7.2 You acknowledge that your license of each third party Application through the Services is governed by a separate agreement between you and the third party Application provider only, and the third party Application provider is solely responsible for (a) the licensed third party Application, (b) the content and functionalities therein, (c) any warranties provided, and (d) any claims you may have relating to or your use of such third party Application. You acknowledge that Samsung is (i) acting solely as a distributor in providing the third party Application to you, (ii) is not a party to such license, and (iii) is not responsible for the third party Application, the content and functionalities therein, or any warranties or claims you may have relating to or your use of the third party Application.
  3. 7.3 The Services makes available Applications to end user customers for non-commercial uses only. You warrant and represent that you will download the Application you purchase only to your devices for your personal use. Applications may be downloaded any number of times and to a number of your devices, but in any case no more than ten (10) that are registered to your Account, provided expressly that no more than one (1) copy is installed on a single device at any one time. You also acknowledge that: (a) Samsung may, in its sole discretion, set, reduce or change the number of your devices to which you can download the Applications; (b) some Applications, particularly Applications that you purchase inside or through an Application, paid or unpaid, do not allow downloading to multiple devices; and (c) not all of your devices, regardless of whether it is the same platform or not, may qualify for multiple downloading.
  4. 7.4 You understand that the Services and Applications include a security framework using technology that protects digital information ("Security Framework"). Your use of the Applications is limited to certain usage rules established by such Security Framework.

8. System requirements

  1. 8.1 Use of the Services requires a device which is compatible with the Services, and may require a device such as a computer, Internet access (fees may apply), and certain software (fees may apply), including 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 change from time to time, are solely your responsibility.

9. Proprietary rights

  1. 9.1 Samsung (and Samsung's licensors, as applicable) owns all rights, title and interest in and to the Services, including all associated intellectual property rights, whether registered or not, and wherever in the world such rights may exist.
  2. 9.2 Nothing in these Terms gives you a right to use any of Samsung's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
  3. 9.4 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 or Applications.

10. Software updates and availability of Services

  1. 10.1 The Services may automatically download and install updates from Samsung from time to time. These updates may improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules or completely new versions. You agree to receive and allow Samsung to deliver such updates to you as part of your use of the Services.
  2. 10.2 Samsung reserves the right, at its sole discretion, to modify the Services at any time, with or without notice to you. The Services may not be available at all times, such as during maintenance breaks. Samsung may decide, at its sole discretion, to suspend or terminate the Services (or any part thereof) at any time.

11. Termination

  1. 11.1 These Terms will continue to apply until terminated by your or by Samsung in accordance with the terms herein.
  2. 11.2 If you want to terminate your Account, please notify us through the Help menu of the Store. Samsung will terminate your Account promptly upon receipt of your notice and provided that you have settled all outstanding amounts associated with your Account. When your account is terminated, all data or other information associated with your Account may be deleted permanently. Samsung shall have no liability for such deletion resulting from your Account termination. Termination of your Account as a buyer will not affect your use of the Services as a seller.
  3. 11.3 Samsung may, at any time and for any reason, terminate your Account or your use of the Services by providing you with written notice of termination at the email address you provided in your Registration Data. You will be required to settle all outstanding amounts due associated with your Account immediately upon termination. Termination of your Account as a buyer will not affect your use of the Services as a seller.

12. Disclaimers and Limitation of Liability

  1. 12.1 Third Party Websites and Content. The Services may include links to other websites and/or content. Samsung has no control over, and no responsibility or liability for, websites and content which are not provided by Samsung.
  2. 12.2 Disclaimers. THE SERVICES ARE 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 SERVICES, AND TO THE EXTENT PROHIBITED BY LAW, 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 WILL (I) BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, (II) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (III) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES, INTERFERENCES, CORRUPTION OR OTHER SECURITY INSTRUCTIONS, OR (IV) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM HACKING OR OTHER UNAUTHORIZED ACCESS.
  3. 12.3 Limitation of Liability. TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS 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, NEGILIGENCE, 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 LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY SUCH PARTY FOR ANY CLAIM. IN NO EVENT SHALL SAMSUNG'S AGGREGRATE LIABLITY TO YOU UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE APPLICATION.

13. Indemnification

  1. 13.1 You will indemnify, release and hold harmless Samsung, its licensors, and all officers, directors, agents and employees of Samsung and its licensors, 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 Services by you or by any person that you allow to use the Services not in accordance with these Terms, (ii) any breach of these Term by you or by any person that you allow to use the Services 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 Services.

14. Copyright protection

  1. 14.1 Samsung will respond to notices of alleged copyright infringement and may terminate the accounts of alleged infringers. If you believe a third party is infringing your copyrights, please contact us through the Help menu of the Store.

15. Advertisements

  1. 15.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. As consideration for access to and use of the Services, you agree that Samsung may place advertising on the Services at its sole discretion.

16. General legal terms

  1. 16.1 These Terms and all other terms and policies referred to herein constitute the entire legal agreement between you and Samsung governing your use of the Services and supersede any prior agreements between you and Samsung relating to the Services, excluding any application, software and services which Samsung may provide to you under a separate written agreement.
  2. 16.2 You agree that Samsung may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services.
  3. 16.3 You agree that if Samsung does not exercise or enforce any rights or remedy which is contained in the Terms or which Samsung has at law or in equity, such omission will not be taken to be a waiver of any or all such rights and remedies, and that those rights and remedies will remain available to Samsung.
  4. 16.4 If any court of law with competent jurisdiction rules that any provision of these Terms is invalid, such provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  5. 16.5 You acknowledge and agree that each Samsung Affiliated Company shall be third party beneficiaries to the Terms and shall be entitled to directly enforce, and rely upon any provision of these Terms, which confer a benefit on or rights in favor of each Samsung Affiliated Company. Other than the foregoing, no other person or company shall be third party beneficiaries hereunder. For the purposes of herein, an "Affiliated Company" of Samsung is any company, corporation, firm, partnership or other entity that controls , is controlled by, or is under common control with Samsung; the terms "controls" and "controlled" mean the ability to direct the management of the relevant entity.
  6. 16.6 You may not transfer, assign, charge or otherwise dispose of these Terms, or any of your rights or obligations arising under these Terms. Samsung may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under these Terms, at any time.
  7. 16.7 These Terms, and your relationship with Samsung under these Terms, shall be governed by the laws of the State of California without reference to provisions on conflict of law. Notwithstanding the foregoing, Samsung has the right to seek injunctive remedies or an equivalent urgent legal relief in any jurisdiction.
  8. 16.8 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 Affiliated Company, the officers, directors, agents and employees of any Samsung Affiliated Company ("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 provision, 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; (b) this provision 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 San Jose, California; (d) the arbitrator's decision shall be controlled by the terms and conditions of these Terms and any other agreements, policies, guidelines and terms referenced herein that you have agreed to in connection with the Service or Store; (e) the arbitrator shall apply California 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; (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 JAMS) to pay any fees and deposits that exceed this amount, Samsung agrees to pay and/or forward such fees 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 determines 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 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 (f) 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.
    END USER LICENSE AGREEMENT
    This End User License Agreement ("Agreement") is a binding contract between you and Samsung which governs your use of the application provided by Samsung (the "Application"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE APPLICATION BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG.
    THE APPLICATION 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 APPLICATION 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 Application, you agree to: (i) supervise the Minor's use of the Application; (ii) assume all risks associated with the Minor's use of the Application, 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 Application; (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 Application.
    BY ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND YOU AGREE TO COMPLY WITH AND BE BOUND BY ITS TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE APPLICATION. YOUR USE OF THE APPLICATION IS SUBJECT TO THE PRIVACY POLICY THAT APPLIES TO THE SERVICE, LOCATED AT http://www.samsung.com/us/common/privacy.html ("PRIVACY POLICY"), WHICH IS HEREBY INCORPORATED BY THIS REFERENCE, AND OTHER POLICIES, GUIDELINES AND TERMS THAT SAMSUNG MAY ADOPT FROM TIME TO TIME.
    Samsung may modify this Agreement from time to time. If you continue to access or use the Application after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.

Licensed Application End User License Agreement

1. LICENSE

  1. 1.1 Grant of License. Subject to the terms and conditions of this Agreement, Samsung hereby grants to you, and you accept, a limited, personal, nonexclusive, nontransferable and revocable license to use the Application only as authorized in this Agreement. The Application is only for your own personal use. You may not use the Application for any commercial purpose or in any way not expressly permitted by this Agreement. Your access to the Application is licensed, not sold. All references to the Application includes all related graphics, user interfaces, scripts and software used to implement and provide access to the Application, and any updates, upgrades, enhancements, modifications, revisions or additions to the Application made available to end users by Samsung. However, Samsung is under no obligation to provide any updates, upgrades, enhancements, modifications, revisions or additions to the Application.
  2. 1.2 Restrictions. 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, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the Application in whole or in part.

2. INTELLECTUAL PROPERTY, LICENSES

  1. 2.1 Ownership. The Application is proprietary to Samsung and its licensors (if any), and protected under applicable copyright, patent, trademark and trade secret laws. You further acknowledge and agree that, as between you and Samsung, Samsung owns and shall continue to own all right, title and interest in and to the Application, including associated intellectual property rights under the above referenced applicable laws. This Agreement does not grant you any ownership interest in or to the Application, but only a limited license to use that is revocable in accordance with the terms of this Agreement.
  2. 2.2 Right To Modify, Suspend or Discontinue Application. Samsung reserves the right to change the Application 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 access to the Application, or discontinue the Application, 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.
  3. 2.3 Third Party Materials. The Application includes software developed by and data provided by third parties.

3. CONTENT; INFORMATION

  1. 3.1 Objectionable Content. You understand that by using the Application, you may encounter content that may be offensive, indecent, explicit or objectionable. You agree to use the Application at your sole risk and that Samsung shall have no liability to you for content that may be offensive, indecent, explicit or objectionable.
    Your Information. If registration information is required, you agree to provide accurate, current and complete information required to register with the Application and/or at any other time as may be required in the course of using the Application. You further agree to maintain and update your registration information as required to keep it accurate, current and complete. Without in any way limiting or abrogating the Privacy Policy, you agree that Samsung may store and use the registration information you provide for maintaining your account and providing you with services relating to the Application.

4. TERM; TERMINATION

  1. 4.1 Effective Date. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, accessing or otherwise using the Application. The Application has no predetermined termination date and may continue until such time as Samsung decides to terminate the Application or when this Agreement is terminated consistent with the terms herein.
  2. 4.2 Termination by Samsung. 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 Application and terminate this Agreement.

5. INDEMNIFICATION

  1. 5.1 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 Application by you or by any person that you allow to use the Application 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 Application 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 Application.

6. DISCLAIMER

  1. 6.1 Disclaimer of Warranties. THE APPLICATION 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 APPLICATION, 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 APPLICATION 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 OR (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS.
  2. 6.2 Disclaimer of Certain Damages. TO THE EXTENT PROHBITED 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, NEGILIGENCE, 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 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.

7. PRIVACY

  1. 7.1 Samsung respects your privacy. The Privacy Policy governs how Samsung collects, processes, stores and uses information provided by you or relate to your use of the Application. Samsung may update the Privacy Policy from time to time, so please periodically review the Privacy Policy.

8. GENERAL TERMS

  1. 8.1 Choice of Law. This Agreement, including all revisions and amendments thereto, is governed by and construed in accordance with the laws of California, without regard to its conflict or choice of law principles.
  2. 8.2 Arbitration. By using the Application, 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 Application 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 San Jose, California; (iv) the arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any other agreements referenced herein that you have agreed to in connection with the Application; (v) the arbitrator shall apply California 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; (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.
  3. 8.3 Severability. If any term or provision of this Agreement 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 Agreement. The remaining provisions of this Agreement shall remain in effect and shall be construed in accordance with its terms.
  4. 8.4 Survival. Sections 1.2, 2, 4, 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.
  5. 8.5 Headings. The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
  6. 8.6 No Waiver. 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.

Last updated : 30 July 2010