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- " Samsung Services Terms and Conditions <b>Samsung Services Terms and Conditions</b>\n<br>\n<br>\nPosted
Date: July 7, 2020<br>\n<br>\n<br>\n<b>WELCOME</b>\n<br>\n<br>\nWelcome! Thank you
for your interest in our services.<br>\n<br>\n<br>\nWe, Samsung Electronics Co.,
Ltd.\nand/or its affiliates (“we” “our” or “Samsung”), provide a variety of features,
apps, and services, that you can enjoy with our mobile devices, TVs, and other products,
listed here (“Services”), and these Terms and Conditions (“Terms”) will cover your
use of our Services.<br>\n<br>\n<br>\n<b>ACCEPTING OUR TERMS</b>\n<br>\n<br>\nBy
creating an account or using our Services, you confirm that you accept these Terms.\nYou
also confirm that:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nYou have reached the age of 18.\nor</li>\n<li>2.\nYou
are 13 or older but younger than 18 (“Minor”), and you represent that you have reviewed
these Terms with your parent or legal guardian before using the Services and that
you and your parent or guardian understand and consent to these Terms.\nIf you are
a parent or guardian of a Minor who is using the Services, you accept and agree
to: (i) supervise the Minor's use of the Services.\n(ii) assume all risks associated
with the Minor’s use of the Services, (iii) assume any liability resulting from
the Minor’s use of the Services.\n(iv) ensure the accuracy and truthfulness of all
information submitted by you or the Minor.\nand (v) assume responsibility and are
bound by these Terms for the Minor’s access and use of the Services.\n</li>\n</ol>\n</ul>\n<br>\nSometimes
we may need to change these Terms.\nWe’ll let you know about any changes by posting
the updated Terms on our website.\nIf we think the changes are material, we may
send a notification to the email address linked to your Samsung Account before the
updated Terms become effective.\nIf you don’t agree to the changes, you can stop
using our Services and delete your Samsung Account.\nBy continuing to use our Services
after the updated Terms become effective, you confirm that you understand and accept
the updated Terms.<br>\n<br>\nThese Terms of Service constitute a binding legal
agreement between you and Samsung, including the terms and conditions regarding
dispute resolution, set forth on the Governing Law/Dispute Resolution Section, below.<br>\n<br>\nGOVERNING
LAW/ DISPUTE RESOLUTION | The formation, existence, construction, performance, validity
and all aspects whatsoever of these Terms will be governed by the law of the State
of New York, without reference to its choice of laws principles.\nThese Terms will
not be governed by the UN Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded.\nNotwithstanding the foregoing,
we may apply for injunctive remedies (or an equivalent type of urgent legal relief)
in any court of competent jurisdiction.<br>\n<br>\nALL DISPUTES WITH SAMSUNG ARISING
IN ANY WAY FROM THESE TERMS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING
ARBITRATION, AND NOT BY A COURT OR JURY.\nAny such dispute shall not be combined
or consolidated with a dispute involving service provided to any other person or
entity, and specifically, without limitation of the foregoing, shall not under any
circumstances proceed as part of a class action.\nThe arbitration shall be conducted
before a single arbitrator, whose award may not exceed, in form or amount, the relief
allowed by the applicable law.\nThe arbitration shall be conducted according to
the American Arbitration Association (AAA) Commercial Arbitration Rules applicable
to consumer disputes, and is entered pursuant to the Federal Arbitration Act.\nThe
arbitrator shall decide all issues of interpretation and application of this arbitration
provision and these Terms.\nJudgement may be entered on the arbitrator’s award in
any court of competent jurisdiction.<br>\n<br> This arbitration provision also applies
to claims against our employees, representatives and affiliates if any such claim
arises from these Terms.\nFor any arbitration in which your total damage claims,
exclusive of attorney fees and expert witness fees, are $5,000.00 or less (“Small
Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees,
expert witness fees and costs as part of any award, but may not grant us our attorney
fees, expert witness fees or costs unless it is determined that the claim was brought
in bad faith.\nIn a Small Claim case, you shall be required to pay no more than
half of the total administrative, facility and arbitrator fees, or $50.00 of such
fees, whichever is less, and we shall pay the remainder of such fees.\nAdministrative,
facility and arbitrator fees for arbitrations in which your total damage claims,
exclusive of attorney fees and expert witness fees, exceed $5,000.00 (“Large Claim”)
shall be determined according to AAA rules.\nIn a Large Claim case, the arbitrator
may grant to the prevailing party, or apportion among the parties, reasonable attorney
fees, expert witness fees and costs to the extent allowed by the applicable law.\nJudgement
may be entered on the arbitrator’s award in any court of competent jurisdiction.<br>\n<br>\nYou
may opt out of this dispute resolution procedure by providing notice to us no later
than thirty (30) calendar days from the date of this Service Authorization.\nTo
opt out, you must send notice by email to optout@sea.samsung.com, with the subject
line: “Arbitration Opt Out.” You must include in the opt out e mail (a) your name
and address.\n(b) the date of this Service Authorization.\n(c) the model name or
model number of your Device on which the applicable Service is used.\nand (d) the
IMEI or MEID or Serial Numbers, as applicable, if you have it (the IMEI or MEID
or Serial Numbers can be found (i) on the Product box.\n(ii) on the Product information
screen, which can be found under “Settings;” (iii) on a label on the back of the
Product beneath the battery, if the battery is removable.\nand (iv) on the outside
of the Product if the battery is not removable).\nAlternatively, you may opt out
by calling 1 800 SAMSUNG (726-7864) no later than 30 calendar days from the initial
date of this Service and providing the same information.\nThese are the only two
forms of notice that will be effective to opt out of this dispute resolution procedure.\nOpting
out of this dispute resolution procedure will not affect the Terms of Service, and
you will continue to enjoy the benefits of the Terms of Service.<br>\n<br>\n<br>\n<b>USING
OUR SERVICES</b>\n<br>\n<br>\n<b>LICENSE |</b> We grant you a limited, non-exclusive,
non-transferable and revocable license to use our Services.\nYou may only use our
Services for personal and non-commercial purposes, according to these Terms and
the instructions we provide in our Services.\nAll references to our Services include
all related content and any other materials used to implement and provide access
to our Services, including updates, upgrades, enhancements, modifications, revisions
or additions to our Services we make available to you.\nYou acknowledge and agree
that our Services belong to us and our partners, and are protected under applicable
copyright, trademark, trade secret, patent, and other intellectual property laws
and treaties.\nThese Terms do not grant you any ownership interest in, or to our
Services, but only a limited right of use that can be revoked according to these
Terms.\nThe availability and features of our Services may vary depending on where
you live, which device you’re using, or which software or operating system version
you have.<br>\n<br>\n<b>USER GUIDELINES |</b> We work hard to protect the security
and safety of all users of our Services.\nWe also strive to make our Services available
without interruptions.\nTo help us meet these goals, you agree that:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nYou
won't reverse engineer, decompile, disassemble, or make any attempts to discover
the source code or algorithms of our Services.</li>\n<li>2.\nYou won't modify or
disable any features of our Services.</li>\n<li>3.\nYou won't create any derivative
works based on our Services.</li>\n<li>4.\nYou won't rent, lease, lend, sublicense,
or provide any commercial hosting services using our Services.</li>\n<li>5.\nYou
won't infringe our intellectual property rights or the rights of anyone else while
using our Services.</li>\n<li>6.\nYou won't use our Services in any way that violates
these Terms or any laws, rules, regulations, codes of practices, guidelines or any
other requirements of regulatory authorities, as amended from time to time, within
the jurisdiction in which you are a resident or from which you are using the Services
(“Applicable Law”).</li>\n<li>7.\nYou won't use our Services in any fraudulent or
malicious way, for example to introduce viruses, malicious code, or harmful data.</li>\n<li>8.\nYou
won't use our Services in any way that could damage, disable, overburden, impair,
or compromise our systems or security, or interfere with other users of our Services.</li>\n<li>9.\nYou
won't collect or harvest any information or data from our Services or systems or
attempt to decipher any transmissions to or from the servers running our Services,
except to the extent allowed by Applicable Law.</li>\n</ol>\n</ul>\n<br>\n<b>INTERNET
|</b> Our Services may require Internet access to provide certain features to you.\nYou
acknowledge that access to the Internet may result in charges depending on your
payment plan, and that we are not responsible any such charges, nor for the availability
or speed of the Internet.<br>\n<br>\n<b>UPDATES |</b> We’re always working to make
our Services better.\nTo share improvements and new features with you, we may provide
updates or upgrades to our Services.\nThese updates and upgrades are designed to
improve, enhance, and further develop our Services and may include bug fixes, patches,
enhanced features, plug-ins, and new versions.\nEssential updates, such as critical
bug fixes or security updates, may be downloaded and installed automatically without
your consent to protect you and other users.\nFor other non-essential updates, you
will be notified in advance and be able to choose whether to download and activate
the update.<br>\n<br>\n<b>THIRD PARTY SERVICES |</b> We work with a global network
of partners to provide you with useful content in our Services.\nThis may include
information, links, advertisements, or other contents provided by third parties
(“Third-Party Services”).\nWe aren’t responsible for, and have no control over,
any Third-Party Services, and we aren’t liable for any damages or losses that are
caused by any Third-Party Services.<br>\n<br>\n<b>ADVERTISEMENTS |</b> We provide
most features of our Services for free.\nTo keep these features free, we may show
you ads or promotions provided by us or third parties while you use our Services.<br>\n<br>\n<b>PRIVACY
POLICY |</b> Your use of the Services is subject to Samsung’s Privacy Policy for
the U.S., located at: http://account.samsung.com/membership/terms/privacypolicy.\nWe
provide additional information about our privacy practices related to particular
Services where appropriate.\nTo the extent a Service has its own privacy notice,
that privacy notice also will apply to your use of such Service.\nWe recommend that
you review the privacy notice of each Service for more information about our privacy
practices.<br>\n<br>\n<br>\n<b>SAMSUNG ACCOUNT</b>\n<br>\n<br>\nYou may need to
create an account to use some of our Services (“Samsung Account”).\nBy creating
a Samsung Account, you agree that:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nYou’ll provide
accurate and complete information when you create your account.</li>\n<li>2.\nYou’ll
update your account if any of your information changes.</li>\n<li>3.\nYou’ll safeguard
your password and won’t share it with anyone.</li>\n<li>4.\nYou’ll contact us immediately
if you suspect anyone else is using your account.</li>\n</ol>\n</ul>\n<br>\nYou
can delete your Samsung Account at any time on our website.<br>\n<br>\n<br>\n<b>USER
CONTENT</b>\n<br>\n<br>\nSome of our Services allow you to share things like comments,
photos, messages, or documents with us or with other users.\nWhen you share content,
you continue to own the intellectual property rights to your content and you are
free to share the content with anyone else wherever you want.\nHowever, to use your
content in our Services, you need to grant us a license for any content that you
create or upload using our Services.\nWhen you upload, transmit, create, post, display
or otherwise provide any information, materials, documents, media files or other
content on or through our Services (“User Content”) you grant us an irrevocable,
unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce,
adapt, modify, edit, distribute, translate, publish, publicly perform and publicly
display the User Content (“User Content License”), to the full extent allowed by
Applicable Law.\nWe do our best to keep User Content safe, but we’re not responsible
if any of your User Content or other data is lost.\nYou should keep local copies
or make backups of contents and other data, just in case something goes wrong.<br>\n<br>\nYOU
ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES
ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED
OR INCURRED BY US OR OTHER USERS).\nYOU REPRESENT AND WARRANT THAT (I) YOU ARE THE
OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT
US THE USER CONTENT LICENSE.\n(II) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL
PROPERTY OR OTHER THIRD- PARTY RIGHTS.\n(III) THE USER CONTENT WILL COMPLY AND CONFORM
TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE
CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER APPLICABLE
LAW.<br>\n<br>\n<br>\n<b>CHANGE / TERMINATION</b>\n<br>\n<br>\n<b>CHANGE |</b> We
may, at any time:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nChange, add, suspend, or remove
features from our Services.</li>\n<li>2.\nSuspend or terminate your right to use
our Services, including access to your account or data.</li>\n<li>3.\nPre-screen,
review, flag, filter, modify, refuse, reject, block access to or remove any or all
content from our Services.</li>\n</ol>\n</ul>\n<br>\n<b>ENDING THESE TERMS | BY
YOU |</b> You can terminate these Terms at any time by deleting your Samsung Account
and stopping your use of our Services.<br>\n<br>\n<b>ENDING THESE TERMS | BY SAMSUNG
|</b> We may suspend or delete your Samsung Account or stop providing you with all
or part of our Services at any time, if:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nWe reasonably
suspect that you have violated these Terms or the instructions we provide in our
Services.</li>\n<li>2.\nYou have clearly demonstrated (either directly or through
your actions, statements, or otherwise) that you don’t intend to comply with these
Terms.</li>\n<li>3.\nWe decide to end all or part of our Services (either worldwide
or in the country where you are a resident or from where you are using our Services).</li>\n<li>4.\nWe
are required by Applicable Law to end all or part of our Services (for example if
due to changes in Applicable Law or due to court rulings or judgements which make
the Services or parts of them to become or be considered unlawful).\n<br>\nIf we
suspend or delete your Samsung Account, we’ll try to notify you using the email
address associated with your account or the next time you attempt to access your
account or our Services, depending on the circumstances.\nIn all such cases, these
Terms will terminate, including, without limitation, your license to use our Services.\nThis
means that you have to stop using all of our Services.\nThe termination of these
Terms shall have no prejudice to any rights, obligations, and liabilities that you
or we have accrued or incurred during the term of these Terms.</li>\n</ol>\n</ul>\n<br>\n<b>NOTICE
|</b> We will provide you with reasonable notice of any change, suspension or discontinuation
of our Services, unless it is urgently required, in which case we will notify you
at the same time as the change, suspension or discontinuation.\nTo the maximum extent
permitted by Applicable Law, we will not be liable to you or to any third party
if we exercise such rights.<br>\n<br>\n<br>\n<b>DISCLAIMER/LIABILITY</b>\n<br>\n<br>\n<b>DISCLAIMER
OF WARRANTY |</b> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES
ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND
FROM US, EITHER EXPRESS OR IMPLIED.\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY
QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY,
ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER VIOLATION
OF RIGHTS.\nSOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.\nNO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES
SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SERVICES, OR TO
CREATE ANY WARRANTY OF ANY SORT FROM US.<br>\n<br>\nWITHOUT LIMITING THE PREVIOUS
DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT,
WARRANT, OR GUARANTEE THAT OUR SERVICES OR THE CONTENT THEREIN WILL (i) OPERATE
IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER.\n(ii) WILL BE FREE FROM
ALL HARMFUL COMPONENTS OR ERRORS.\n(iii) WILL BE SECURE OR IMMUNE (INCLUDING THE
CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS.\nOR
(iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL
BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.\nIN ADDITION, WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES,
ADVERTISEMENTS, CONTENT, OR ANY OTHER PRODUCT OR SERVICES ADVERTISED OR OFFERED
BY A THIRD PARTY ON OR THROUGH OUR SERVICES.<br>\n<br>\n<b>LIMITATION OF LIABILITY
|</b> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS
OF PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY OR DATA, WHETHER INCURRED DIRECTLY
OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES.\nIN NO EVENT SHALL OUR AGGREGATE
LIABILITY FOR ALL CLAIMS RELATING TO A SPECIFIC SERVICE EXCEED THE AMOUNT YOU PAID
US FOR SUCH SPECIFIC SERVICE.\nTHE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY
THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY
OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED
OF ITS ESSENTIAL PURPOSE, AND EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER
PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.\nSOME
JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.\nYOU ACKNOWLEDGE
AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES
AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.<br>\n<br>\n<b>INDEMNIFICATION
|</b> You agree to indemnify, defend, and hold harmless us, our licensors, our agents,
and all officers, directors, and employees from any and all third-party claims,
actions, losses, damages, liabilities, judgements, grants, costs, and expenses (including
reasonable attorneys’ fees) arising from: (i) your use of our Services or use by
any person that you allow to use our Services that is not in accordance with these
Terms, (ii) any breach of this Agreement by you or by any person that you allow
to use our Services, or (iii) any violation of any laws or regulations or the rights
of any third party by you or by any person that you allow to use our Services.<br>\n<br>\n<br>\n<b>GENERAL</b>\n<br>\n<br>\n<b>INFRINGING
CONTENT |</b> If you are a copyright owner or an agent thereof and believe that
any content on the Services infringe upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright
Agent with the following information in writing:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nA
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.\n</li>\n<li>2.\nIdentification
of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative
list of such works at that site;</li>\n<li>3.\nIdentification of the material that
is claimed to be infringing and information reasonably sufficient to permit us to
locate the material.\n</li>\n<li>4.\nInformation reasonably sufficient to permit
the service provider to contact you, such as an address, telephone number, and email
address;</li>\n<li>5.\nA 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.\nand 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.</li>\n</ol>\n</ul>\n<br>\nYou
can send your notice to SamsungDMCA@sea.samsung.com.<br>\n<br>A copy of your DMCA
Notification will be sent to the person who uploaded the material addressed in the
Notification.\nPlease be advised that under Section 512(f) of the DMCA you may be
held liable for damages and attorneys’ fees if you make material misrepresentations
in a DMCA Notification.<br>\n<br>\n<b>ENTIRE AGREEMENT / SERVERABILITY |</b> These
Terms, our Privacy Policy, any additional terms that accompany our Services, any
amendments and any additional agreements you may enter into with us shall constitute
the entire agreement between you and us with respect to our Services, and supersede
all prior or contemporaneous oral or written communications, proposal, and representations
with respect to our Services or any subject matter covered by these Terms.\nIf any
provision of these Terms is deemed to be invalid, illegal or unenforceable (in whole
or in part), then that provision will be limited or eliminated to the minimum extent
necessary, and the remaining provisions of these Terms will remain in full force
and effect.\nYou may be subject to additional terms and conditions that govern your
use of third-party services, content, or software.<br>\n<br>\n<b>NO WAIVER |</b>
If we do not exercise or enforce any legal right or remedy which is set out in these
Terms or which we have the benefit of under any Applicable Law, this will not be
construed as a formal waiver of our rights or remedies and such rights or remedies
will remain available to us.<br>\n<br>\n<b>RESERVATION OF RIGHTS AND FEEDBACK |</b>
Nothing in these Terms gives you a right to use the Samsung name or any of the Samsung
trademarks, logos, domain names, and other distinctive brand features.\nAll rights,
title, and interest in and to our Services (excluding content provided by third
parties) are and will remain the exclusive property of Samsung and its licensors.\nIf
you choose to make available any comments, ideas, feedback, or suggestions, we will
be free to use such comments, ideas, feedback or suggestion as we see fit and without
any obligation to you.<br>\n<br>\n<b>EXPORT LAW |</b> You acknowledge and agree
to comply with any and all Applicable Law in using our Service, including, without
limitation, all applicable export restriction laws and regulations.<br>\n<br>\n<b>SURVIVAL
|</b> Any provisions within these Terms that by their nature should continue to
be in effect, including without limitation the following Sections: License, Disclaimer
of Warranty, Limitation of Liability, Indemnification and General, shall survive
the expiration or termination of these Terms, and remain valid and binding.<br>\n<br>\n<b>ELECTRONIC
COMMUNICATIONS |</b> You agree to receive all agreements, notices, disclosures and
other communications electronically, including by email, push notification, pop-up
or text.<br>\n<br>\n<br>\n<b>SERVICES SPECIAL TERMS</b>\n<br>\n<br>\nThese Terms
generally apply to all of our Services, while the terms in this Section (“Special
Terms”) only apply to the specified Services.\nIf there’s any conflict between these
Special Terms and the rest of these Terms, the Special Terms will apply, except
with respect to Governing Law/Dispute Resolution.\nWe may additionally provide separate
terms, policies and guidelines within each Service.<br>\n<br>\n<br>\n<b>Samsung
Cloud |</b> If you do not use Samsung Cloud for more than twelve (12) months, we
reserve the right to delete all of your contents stored on Samsung Cloud.\nEven
if you use Samsung Cloud, if you do not use contents in a specific category of Samsung
Cloud (e.g.\ncontacts, calendars, photos, videos, keyboard data) for more than twelve
(12) months, we reserve the right to delete the respective category and the contents
therein.\nWe will provide you with thirty (30) days advance notice prior to any
such deletion of your contents.\nFor purposes of this provision, “use” or “used”
shall mean accessing, uploading to, or downloading contents from Samsung Cloud.\nPlease
note that this provision does not apply while you subscribe to a paid option of
Samsung Cloud.\nIf you do not back up any contents of your device to Samsung Cloud
for more than twelve (12) months, we reserve the right to delete any contents backed
up from such device to Samsung Cloud (e.g., SMS, MMS, app installation package data,
app settings, music files, document files, voice recordings, device settings).\nWe
will provide you with the backup expiration date within the Samsung Cloud application
starting from thirty (30) days in advance of any such deletion of your contents.\nYou
are responsible for backing up your contents to your own storage devices or media,
as we do not guarantee or warrant that you will always be able to retrieve the contents
you store or back up through Samsung Cloud.\nYou acknowledge and agree that, Samsung
is not liable or responsible for any loss that occurs due to you not taking action
to separately back up or store your contents.<br>\n<br>\n<b>Samsung Health |</b>
SAMSUNG HEALTH IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS,
OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE.\nSAMSUNG HEALTH
IS NOT INTENDED FOR USE IN THE DETECTION, DIAGNOSIS, MONITORING, MANAGEMENT, OR
TREATMENT OF ANY MEDICAL CONDITION, DISEASE OR VITAL PHYSIOLOGICAL PROCESSES OR
FOR THE TRANSMISSION OF TIME-SENSITIVE HEALTH INFORMATION.\nANY INFORMATION FOUND,
ACQUIRED, OR ACCESSED THROUGH SAMSUNG HEALTH IS MADE AVAILABLE ONLY FOR YOUR CONVENIENCE
AND SHOULD NOT BE TREATED AS MEDICAL ADVICE.\nYOU SHOULD SEEK MEDICAL ADVICE FROM
A DOCTOR BEFORE STARTING A NEW FITNESS OR LIFESTYLE REGIMEN.\nYOU UNDERSTAND AND
AGREE THAT ANY INFORMATION YOU OBTAIN FROM SAMSUNG HEALTH MAY NOT BE SUITABLE, ACCURATE,
COMPLETE, OR RELIABLE AND THAT SAMSUNG, EXCEPT AS OTHERWISE PROVIDED FOR IN THESE
TERMS, WILL NOT BE HELD LIABLE FOR ANY INJURIES, DAMAGES, LOSSES, AND/OR COSTS ASSOCIATED
WITH SAMSUNG HEALTH, NOR FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION FOUND,
ACQUIRED, OR ACCESSED THROUGH SAMSUNG HEALTH.\nYOU ACKNOWLEDGE AND AGREE THAT SAMSUNG
IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT SAMSUNG DOES NOT DETERMINE THE
APPROPRIATE MEDICAL USE OF SAMSUNG HEALTH.\nSAMSUNG HEALTH DOES NOT GENERATE ANY
INDIVIDUAL BENEFIT FOR PATIENTS.<br>\n<br>\n<b>Samsung Pass |</b> YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE OTHER THAN YOU TO USE OR
HANDLE YOUR DEVICE, SAMSUNG PASS OR YOUR SAMSUNG ACCOUNT.\nIT IS YOUR RESPONSIBILITY
TO MAINTAIN THE SECURITY OF YOUR DEVICE AND YOUR ACCOUNT.\nWE ARE NOT LIABLE FOR
ANY LOSSES OR DAMAGES SUFFERED BY YOU DUE TO YOUR LOST, STOLEN OR DAMAGED DEVICE.\nYOU
MAY REGISTER YOUR BIOMETRIC INFORMATION TO VERIFY YOUR IDENTITY WHEN YOU USE SAMSUNG
PASS.\nTHIS HELPS PREVENT OTHERS FROM USING SAMSUNG PASS IF YOU LOSE YOUR DEVICE.\nYOU
AGREE TO NOTIFY US IMMEDIATELY IF YOUR ACCOUNT BECOMES KNOWN TO SOMEONE ELSE OR
IS OTHERWISE COMPROMISED.\n<br>\n<br>\n<b>Samsung SmartThings |</b> CERTAIN PRODUCTS
AND/OR THIRD-PARTY PRODUCTS MAY NOT WORK, OR MAY CEASE TO WORK WITH SMART THINGS,
DESPITE SUPPORTING THE SAME STANDARDS.\nWE DO NOT PROVIDE ANY GUARANTEE OR WARRANTY
OF COMPATIBILITY FOR THIRD-PARTY PRODUCTS, EVEN IF SUCH THIRD-PARTY PRODUCTS ARE
ACCESSIBLE THROUGH SMART THINGS.\nPLEASE NOTE THAT IF YOU ADD MEMBERS, SUCH MEMBERS
WILL HAVE FULL ACCESS AND CONTROL OVER ANY AND ALL OF YOUR CONNECTED PRODUCTS.<br>\n<br>\n<b>Samsung
Social |</b> If you do not use Samsung Social for more than twelve (12) months,
we reserve the right to delete all of your contents stored on Samsung Social.\nEven
if you use Samsung Social, if you do not use contents in a specific category of
Samsung Social (e.g.\ncontacts, calendars, photos, videos, reminders, notes) for
more than twelve (12) months, we reserve the right to delete the respective category
and the contents therein.\nWe will provide you with thirty (30) days advance notice
prior to any such deletion of your contents.\nFor purposes of this provision, “use”
or “used” shall mean accessing, uploading to, or downloading contents from Samsung
Social.\nPlease note that this provision does not apply while you subscribe to a
paid option.\nYou are responsible for backing up your contents to your own storage
devices or media, as we do not guarantee or warrant that you will always be able
to retrieve the contents you store or back up through Samsung Social.\nYou acknowledge
and agree that, Samsung is not liable or responsible for any loss that occurs due
to you not taking action to separately back up or store your contents.<br>\n<br>\n<b>Samsung
Digital Key |</b> You are responsible for keeping your Digital Key secure.\nAnyone
with access to your device or Samsung account will be able to use your Digital Key
and any related services, so make sure not to share your device or Samsung account
with others.\nYou also aren't allowed to use someone else's Digital Key without
their permission.\nBe careful not to lose your Digital Key or to allow it to be
stolen or damaged.\nSamsung isn't responsible for any losses or damages caused by
you or someone else using your Digital Key, whether you gave them permission or
not.\n<br>\n<br>\nIf you have any questions about our Services, contact us.<br>\n<br> "
- "<ul>\n<li>Terms and Conditions</li>\n<li>Service Terms and Conditions</li>\n</ul>Terms
and ConditionsDownload Samsung Services Terms and Conditions <b>Samsung Services
Terms and Conditions</b>\n<br>\n<br>\nPosted Date: July 7, 2020<br>\n<br>\n<br>\n<b>WELCOME</b>\n<br>\n<br>\nWelcome!
Thank you for your interest in our services.<br>\n<br>\n<br>\nWe, Samsung Electronics
Co., Ltd.\nand/or its affiliates (“we” “our” or “Samsung”), provide a variety of
features, apps, and services, that you can enjoy with our mobile devices, TVs, and
other products, listed here (“Services”), and these Terms and Conditions (“Terms”)
will cover your use of our Services.<br>\n<br>\n<br>\n<b>ACCEPTING OUR TERMS</b>\n<br>\n<br>\nBy
creating an account or using our Services, you confirm that you accept these Terms.\nYou
also confirm that:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nYou have reached the age of 18.\nor</li>\n<li>2.\nYou
are 13 or older but younger than 18 (“Minor”), and you represent that you have reviewed
these Terms with your parent or legal guardian before using the Services and that
you and your parent or guardian understand and consent to these Terms.\nIf you are
a parent or guardian of a Minor who is using the Services, you accept and agree
to: (i) supervise the Minor's use of the Services.\n(ii) assume all risks associated
with the Minor’s use of the Services, (iii) assume any liability resulting from
the Minor’s use of the Services.\n(iv) ensure the accuracy and truthfulness of all
information submitted by you or the Minor.\nand (v) assume responsibility and are
bound by these Terms for the Minor’s access and use of the Services.\n</li>\n</ol>\n</ul>\n<br>\nSometimes
we may need to change these Terms.\nWe’ll let you know about any changes by posting
the updated Terms on our website.\nIf we think the changes are material, we may
send a notification to the email address linked to your Samsung Account before the
updated Terms become effective.\nIf you don’t agree to the changes, you can stop
using our Services and delete your Samsung Account.\nBy continuing to use our Services
after the updated Terms become effective, you confirm that you understand and accept
the updated Terms.<br>\n<br>\nThese Terms of Service constitute a binding legal
agreement between you and Samsung, including the terms and conditions regarding
dispute resolution, set forth on the Governing Law/Dispute Resolution Section, below.<br>\n<br>\nGOVERNING
LAW/ DISPUTE RESOLUTION | The formation, existence, construction, performance, validity
and all aspects whatsoever of these Terms will be governed by the law of the State
of New York, without reference to its choice of laws principles.\nThese Terms will
not be governed by the UN Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded.\nNotwithstanding the foregoing,
we may apply for injunctive remedies (or an equivalent type of urgent legal relief)
in any court of competent jurisdiction.<br>\n<br>\nALL DISPUTES WITH SAMSUNG ARISING
IN ANY WAY FROM THESE TERMS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING
ARBITRATION, AND NOT BY A COURT OR JURY.\nAny such dispute shall not be combined
or consolidated with a dispute involving service provided to any other person or
entity, and specifically, without limitation of the foregoing, shall not under any
circumstances proceed as part of a class action.\nThe arbitration shall be conducted
before a single arbitrator, whose award may not exceed, in form or amount, the relief
allowed by the applicable law.\nThe arbitration shall be conducted according to
the American Arbitration Association (AAA) Commercial Arbitration Rules applicable
to consumer disputes, and is entered pursuant to the Federal Arbitration Act.\nThe
arbitrator shall decide all issues of interpretation and application of this arbitration
provision and these Terms.\nJudgement may be entered on the arbitrator’s award in
any court of competent jurisdiction.<br>\n<br> This arbitration provision also applies
to claims against our employees, representatives and affiliates if any such claim
arises from these Terms.\nFor any arbitration in which your total damage claims,
exclusive of attorney fees and expert witness fees, are $5,000.00 or less (“Small
Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees,
expert witness fees and costs as part of any award, but may not grant us our attorney
fees, expert witness fees or costs unless it is determined that the claim was brought
in bad faith.\nIn a Small Claim case, you shall be required to pay no more than
half of the total administrative, facility and arbitrator fees, or $50.00 of such
fees, whichever is less, and we shall pay the remainder of such fees.\nAdministrative,
facility and arbitrator fees for arbitrations in which your total damage claims,
exclusive of attorney fees and expert witness fees, exceed $5,000.00 (“Large Claim”)
shall be determined according to AAA rules.\nIn a Large Claim case, the arbitrator
may grant to the prevailing party, or apportion among the parties, reasonable attorney
fees, expert witness fees and costs to the extent allowed by the applicable law.\nJudgement
may be entered on the arbitrator’s award in any court of competent jurisdiction.<br>\n<br>\nYou
may opt out of this dispute resolution procedure by providing notice to us no later
than thirty (30) calendar days from the date of this Service Authorization.\nTo
opt out, you must send notice by email to optout@sea.samsung.com, with the subject
line: “Arbitration Opt Out.” You must include in the opt out e mail (a) your name
and address.\n(b) the date of this Service Authorization.\n(c) the model name or
model number of your Device on which the applicable Service is used.\nand (d) the
IMEI or MEID or Serial Numbers, as applicable, if you have it (the IMEI or MEID
or Serial Numbers can be found (i) on the Product box.\n(ii) on the Product information
screen, which can be found under “Settings;” (iii) on a label on the back of the
Product beneath the battery, if the battery is removable.\nand (iv) on the outside
of the Product if the battery is not removable).\nAlternatively, you may opt out
by calling 1 800 SAMSUNG (726-7864) no later than 30 calendar days from the initial
date of this Service and providing the same information.\nThese are the only two
forms of notice that will be effective to opt out of this dispute resolution procedure.\nOpting
out of this dispute resolution procedure will not affect the Terms of Service, and
you will continue to enjoy the benefits of the Terms of Service.<br>\n<br>\n<br>\n<b>USING
OUR SERVICES</b>\n<br>\n<br>\n<b>LICENSE |</b> We grant you a limited, non-exclusive,
non-transferable and revocable license to use our Services.\nYou may only use our
Services for personal and non-commercial purposes, according to these Terms and
the instructions we provide in our Services.\nAll references to our Services include
all related content and any other materials used to implement and provide access
to our Services, including updates, upgrades, enhancements, modifications, revisions
or additions to our Services we make available to you.\nYou acknowledge and agree
that our Services belong to us and our partners, and are protected under applicable
copyright, trademark, trade secret, patent, and other intellectual property laws
and treaties.\nThese Terms do not grant you any ownership interest in, or to our
Services, but only a limited right of use that can be revoked according to these
Terms.\nThe availability and features of our Services may vary depending on where
you live, which device you’re using, or which software or operating system version
you have.<br>\n<br>\n<b>USER GUIDELINES |</b> We work hard to protect the security
and safety of all users of our Services.\nWe also strive to make our Services available
without interruptions.\nTo help us meet these goals, you agree that:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nYou
won't reverse engineer, decompile, disassemble, or make any attempts to discover
the source code or algorithms of our Services.</li>\n<li>2.\nYou won't modify or
disable any features of our Services.</li>\n<li>3.\nYou won't create any derivative
works based on our Services.</li>\n<li>4.\nYou won't rent, lease, lend, sublicense,
or provide any commercial hosting services using our Services.</li>\n<li>5.\nYou
won't infringe our intellectual property rights or the rights of anyone else while
using our Services.</li>\n<li>6.\nYou won't use our Services in any way that violates
these Terms or any laws, rules, regulations, codes of practices, guidelines or any
other requirements of regulatory authorities, as amended from time to time, within
the jurisdiction in which you are a resident or from which you are using the Services
(“Applicable Law”).</li>\n<li>7.\nYou won't use our Services in any fraudulent or
malicious way, for example to introduce viruses, malicious code, or harmful data.</li>\n<li>8.\nYou
won't use our Services in any way that could damage, disable, overburden, impair,
or compromise our systems or security, or interfere with other users of our Services.</li>\n<li>9.\nYou
won't collect or harvest any information or data from our Services or systems or
attempt to decipher any transmissions to or from the servers running our Services,
except to the extent allowed by Applicable Law.</li>\n</ol>\n</ul>\n<br>\n<b>INTERNET
|</b> Our Services may require Internet access to provide certain features to you.\nYou
acknowledge that access to the Internet may result in charges depending on your
payment plan, and that we are not responsible any such charges, nor for the availability
or speed of the Internet.<br>\n<br>\n<b>UPDATES |</b> We’re always working to make
our Services better.\nTo share improvements and new features with you, we may provide
updates or upgrades to our Services.\nThese updates and upgrades are designed to
improve, enhance, and further develop our Services and may include bug fixes, patches,
enhanced features, plug-ins, and new versions.\nEssential updates, such as critical
bug fixes or security updates, may be downloaded and installed automatically without
your consent to protect you and other users.\nFor other non-essential updates, you
will be notified in advance and be able to choose whether to download and activate
the update.<br>\n<br>\n<b>THIRD PARTY SERVICES |</b> We work with a global network
of partners to provide you with useful content in our Services.\nThis may include
information, links, advertisements, or other contents provided by third parties
(“Third-Party Services”).\nWe aren’t responsible for, and have no control over,
any Third-Party Services, and we aren’t liable for any damages or losses that are
caused by any Third-Party Services.<br>\n<br>\n<b>ADVERTISEMENTS |</b> We provide
most features of our Services for free.\nTo keep these features free, we may show
you ads or promotions provided by us or third parties while you use our Services.<br>\n<br>\n<b>PRIVACY
POLICY |</b> Your use of the Services is subject to Samsung’s Privacy Policy for
the U.S., located at: http://account.samsung.com/membership/terms/privacypolicy.\nWe
provide additional information about our privacy practices related to particular
Services where appropriate.\nTo the extent a Service has its own privacy notice,
that privacy notice also will apply to your use of such Service.\nWe recommend that
you review the privacy notice of each Service for more information about our privacy
practices.<br>\n<br>\n<br>\n<b>SAMSUNG ACCOUNT</b>\n<br>\n<br>\nYou may need to
create an account to use some of our Services (“Samsung Account”).\nBy creating
a Samsung Account, you agree that:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nYou’ll provide
accurate and complete information when you create your account.</li>\n<li>2.\nYou’ll
update your account if any of your information changes.</li>\n<li>3.\nYou’ll safeguard
your password and won’t share it with anyone.</li>\n<li>4.\nYou’ll contact us immediately
if you suspect anyone else is using your account.</li>\n</ol>\n</ul>\n<br>\nYou
can delete your Samsung Account at any time on our website.<br>\n<br>\n<br>\n<b>USER
CONTENT</b>\n<br>\n<br>\nSome of our Services allow you to share things like comments,
photos, messages, or documents with us or with other users.\nWhen you share content,
you continue to own the intellectual property rights to your content and you are
free to share the content with anyone else wherever you want.\nHowever, to use your
content in our Services, you need to grant us a license for any content that you
create or upload using our Services.\nWhen you upload, transmit, create, post, display
or otherwise provide any information, materials, documents, media files or other
content on or through our Services (“User Content”) you grant us an irrevocable,
unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce,
adapt, modify, edit, distribute, translate, publish, publicly perform and publicly
display the User Content (“User Content License”), to the full extent allowed by
Applicable Law.\nWe do our best to keep User Content safe, but we’re not responsible
if any of your User Content or other data is lost.\nYou should keep local copies
or make backups of contents and other data, just in case something goes wrong.<br>\n<br>\nYOU
ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES
ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED
OR INCURRED BY US OR OTHER USERS).\nYOU REPRESENT AND WARRANT THAT (I) YOU ARE THE
OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT
US THE USER CONTENT LICENSE.\n(II) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL
PROPERTY OR OTHER THIRD- PARTY RIGHTS.\n(III) THE USER CONTENT WILL COMPLY AND CONFORM
TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE
CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER APPLICABLE
LAW.<br>\n<br>\n<br>\n<b>CHANGE / TERMINATION</b>\n<br>\n<br>\n<b>CHANGE |</b> We
may, at any time:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nChange, add, suspend, or remove
features from our Services.</li>\n<li>2.\nSuspend or terminate your right to use
our Services, including access to your account or data.</li>\n<li>3.\nPre-screen,
review, flag, filter, modify, refuse, reject, block access to or remove any or all
content from our Services.</li>\n</ol>\n</ul>\n<br>\n<b>ENDING THESE TERMS | BY
YOU |</b> You can terminate these Terms at any time by deleting your Samsung Account
and stopping your use of our Services.<br>\n<br>\n<b>ENDING THESE TERMS | BY SAMSUNG
|</b> We may suspend or delete your Samsung Account or stop providing you with all
or part of our Services at any time, if:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nWe reasonably
suspect that you have violated these Terms or the instructions we provide in our
Services.</li>\n<li>2.\nYou have clearly demonstrated (either directly or through
your actions, statements, or otherwise) that you don’t intend to comply with these
Terms.</li>\n<li>3.\nWe decide to end all or part of our Services (either worldwide
or in the country where you are a resident or from where you are using our Services).</li>\n<li>4.\nWe
are required by Applicable Law to end all or part of our Services (for example if
due to changes in Applicable Law or due to court rulings or judgements which make
the Services or parts of them to become or be considered unlawful).\n<br>\nIf we
suspend or delete your Samsung Account, we’ll try to notify you using the email
address associated with your account or the next time you attempt to access your
account or our Services, depending on the circumstances.\nIn all such cases, these
Terms will terminate, including, without limitation, your license to use our Services.\nThis
means that you have to stop using all of our Services.\nThe termination of these
Terms shall have no prejudice to any rights, obligations, and liabilities that you
or we have accrued or incurred during the term of these Terms.</li>\n</ol>\n</ul>\n<br>\n<b>NOTICE
|</b> We will provide you with reasonable notice of any change, suspension or discontinuation
of our Services, unless it is urgently required, in which case we will notify you
at the same time as the change, suspension or discontinuation.\nTo the maximum extent
permitted by Applicable Law, we will not be liable to you or to any third party
if we exercise such rights.<br>\n<br>\n<br>\n<b>DISCLAIMER/LIABILITY</b>\n<br>\n<br>\n<b>DISCLAIMER
OF WARRANTY |</b> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES
ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND
FROM US, EITHER EXPRESS OR IMPLIED.\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY
QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY,
ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER VIOLATION
OF RIGHTS.\nSOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.\nNO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES
SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SERVICES, OR TO
CREATE ANY WARRANTY OF ANY SORT FROM US.<br>\n<br>\nWITHOUT LIMITING THE PREVIOUS
DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT,
WARRANT, OR GUARANTEE THAT OUR SERVICES OR THE CONTENT THEREIN WILL (i) OPERATE
IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER.\n(ii) WILL BE FREE FROM
ALL HARMFUL COMPONENTS OR ERRORS.\n(iii) WILL BE SECURE OR IMMUNE (INCLUDING THE
CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS.\nOR
(iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL
BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.\nIN ADDITION, WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES,
ADVERTISEMENTS, CONTENT, OR ANY OTHER PRODUCT OR SERVICES ADVERTISED OR OFFERED
BY A THIRD PARTY ON OR THROUGH OUR SERVICES.<br>\n<br>\n<b>LIMITATION OF LIABILITY
|</b> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS
OF PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY OR DATA, WHETHER INCURRED DIRECTLY
OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES.\nIN NO EVENT SHALL OUR AGGREGATE
LIABILITY FOR ALL CLAIMS RELATING TO A SPECIFIC SERVICE EXCEED THE AMOUNT YOU PAID
US FOR SUCH SPECIFIC SERVICE.\nTHE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY
THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY
OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED
OF ITS ESSENTIAL PURPOSE, AND EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER
PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.\nSOME
JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.\nYOU ACKNOWLEDGE
AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES
AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.<br>\n<br>\n<b>INDEMNIFICATION
|</b> You agree to indemnify, defend, and hold harmless us, our licensors, our agents,
and all officers, directors, and employees from any and all third-party claims,
actions, losses, damages, liabilities, judgements, grants, costs, and expenses (including
reasonable attorneys’ fees) arising from: (i) your use of our Services or use by
any person that you allow to use our Services that is not in accordance with these
Terms, (ii) any breach of this Agreement by you or by any person that you allow
to use our Services, or (iii) any violation of any laws or regulations or the rights
of any third party by you or by any person that you allow to use our Services.<br>\n<br>\n<br>\n<b>GENERAL</b>\n<br>\n<br>\n<b>INFRINGING
CONTENT |</b> If you are a copyright owner or an agent thereof and believe that
any content on the Services infringe upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright
Agent with the following information in writing:<br>\n<br>\n<ul>\n<ol>\n<li>1.\nA
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.\n</li>\n<li>2.\nIdentification
of the copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a representative
list of such works at that site;</li>\n<li>3.\nIdentification of the material that
is claimed to be infringing and information reasonably sufficient to permit us to
locate the material.\n</li>\n<li>4.\nInformation reasonably sufficient to permit
the service provider to contact you, such as an address, telephone number, and email
address;</li>\n<li>5.\nA 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.\nand 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.</li>\n</ol>\n</ul>\n<br>\nYou
can send your notice to SamsungDMCA@sea.samsung.com.<br>\n<br>A copy of your DMCA
Notification will be sent to the person who uploaded the material addressed in the
Notification.\nPlease be advised that under Section 512(f) of the DMCA you may be
held liable for damages and attorneys’ fees if you make material misrepresentations
in a DMCA Notification.<br>\n<br>\n<b>ENTIRE AGREEMENT / SERVERABILITY |</b> These
Terms, our Privacy Policy, any additional terms that accompany our Services, any
amendments and any additional agreements you may enter into with us shall constitute
the entire agreement between you and us with respect to our Services, and supersede
all prior or contemporaneous oral or written communications, proposal, and representations
with respect to our Services or any subject matter covered by these Terms.\nIf any
provision of these Terms is deemed to be invalid, illegal or unenforceable (in whole
or in part), then that provision will be limited or eliminated to the minimum extent
necessary, and the remaining provisions of these Terms will remain in full force
and effect.\nYou may be subject to additional terms and conditions that govern your
use of third-party services, content, or software.<br>\n<br>\n<b>NO WAIVER |</b>
If we do not exercise or enforce any legal right or remedy which is set out in these
Terms or which we have the benefit of under any Applicable Law, this will not be
construed as a formal waiver of our rights or remedies and such rights or remedies
will remain available to us.<br>\n<br>\n<b>RESERVATION OF RIGHTS AND FEEDBACK |</b>
Nothing in these Terms gives you a right to use the Samsung name or any of the Samsung
trademarks, logos, domain names, and other distinctive brand features.\nAll rights,
title, and interest in and to our Services (excluding content provided by third
parties) are and will remain the exclusive property of Samsung and its licensors.\nIf
you choose to make available any comments, ideas, feedback, or suggestions, we will
be free to use such comments, ideas, feedback or suggestion as we see fit and without
any obligation to you.<br>\n<br>\n<b>EXPORT LAW |</b> You acknowledge and agree
to comply with any and all Applicable Law in using our Service, including, without
limitation, all applicable export restriction laws and regulations.<br>\n<br>\n<b>SURVIVAL
|</b> Any provisions within these Terms that by their nature should continue to
be in effect, including without limitation the following Sections: License, Disclaimer
of Warranty, Limitation of Liability, Indemnification and General, shall survive
the expiration or termination of these Terms, and remain valid and binding.<br>\n<br>\n<b>ELECTRONIC
COMMUNICATIONS |</b> You agree to receive all agreements, notices, disclosures and
other communications electronically, including by email, push notification, pop-up
or text.<br>\n<br>\n<br>\n<b>SERVICES SPECIAL TERMS</b>\n<br>\n<br>\nThese Terms
generally apply to all of our Services, while the terms in this Section (“Special
Terms”) only apply to the specified Services.\nIf there’s any conflict between these
Special Terms and the rest of these Terms, the Special Terms will apply, except
with respect to Governing Law/Dispute Resolution.\nWe may additionally provide separate
terms, policies and guidelines within each Service.<br>\n<br>\n<br>\n<b>Samsung
Cloud |</b> If you do not use Samsung Cloud for more than twelve (12) months, we
reserve the right to delete all of your contents stored on Samsung Cloud.\nEven
if you use Samsung Cloud, if you do not use contents in a specific category of Samsung
Cloud (e.g.\ncontacts, calendars, photos, videos, keyboard data) for more than twelve
(12) months, we reserve the right to delete the respective category and the contents
therein.\nWe will provide you with thirty (30) days advance notice prior to any
such deletion of your contents.\nFor purposes of this provision, “use” or “used”
shall mean accessing, uploading to, or downloading contents from Samsung Cloud.\nPlease
note that this provision does not apply while you subscribe to a paid option of
Samsung Cloud.\nIf you do not back up any contents of your device to Samsung Cloud
for more than twelve (12) months, we reserve the right to delete any contents backed
up from such device to Samsung Cloud (e.g., SMS, MMS, app installation package data,
app settings, music files, document files, voice recordings, device settings).\nWe
will provide you with the backup expiration date within the Samsung Cloud application
starting from thirty (30) days in advance of any such deletion of your contents.\nYou
are responsible for backing up your contents to your own storage devices or media,
as we do not guarantee or warrant that you will always be able to retrieve the contents
you store or back up through Samsung Cloud.\nYou acknowledge and agree that, Samsung
is not liable or responsible for any loss that occurs due to you not taking action
to separately back up or store your contents.<br>\n<br>\n<b>Samsung Health |</b>
SAMSUNG HEALTH IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS,
OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE.\nSAMSUNG HEALTH
IS NOT INTENDED FOR USE IN THE DETECTION, DIAGNOSIS, MONITORING, MANAGEMENT, OR
TREATMENT OF ANY MEDICAL CONDITION, DISEASE OR VITAL PHYSIOLOGICAL PROCESSES OR
FOR THE TRANSMISSION OF TIME-SENSITIVE HEALTH INFORMATION.\nANY INFORMATION FOUND,
ACQUIRED, OR ACCESSED THROUGH SAMSUNG HEALTH IS MADE AVAILABLE ONLY FOR YOUR CONVENIENCE
AND SHOULD NOT BE TREATED AS MEDICAL ADVICE.\nYOU SHOULD SEEK MEDICAL ADVICE FROM
A DOCTOR BEFORE STARTING A NEW FITNESS OR LIFESTYLE REGIMEN.\nYOU UNDERSTAND AND
AGREE THAT ANY INFORMATION YOU OBTAIN FROM SAMSUNG HEALTH MAY NOT BE SUITABLE, ACCURATE,
COMPLETE, OR RELIABLE AND THAT SAMSUNG, EXCEPT AS OTHERWISE PROVIDED FOR IN THESE
TERMS, WILL NOT BE HELD LIABLE FOR ANY INJURIES, DAMAGES, LOSSES, AND/OR COSTS ASSOCIATED
WITH SAMSUNG HEALTH, NOR FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION FOUND,
ACQUIRED, OR ACCESSED THROUGH SAMSUNG HEALTH.\nYOU ACKNOWLEDGE AND AGREE THAT SAMSUNG
IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT SAMSUNG DOES NOT DETERMINE THE
APPROPRIATE MEDICAL USE OF SAMSUNG HEALTH.\nSAMSUNG HEALTH DOES NOT GENERATE ANY
INDIVIDUAL BENEFIT FOR PATIENTS.<br>\n<br>\n<b>Samsung Pass |</b> YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE OTHER THAN YOU TO USE OR
HANDLE YOUR DEVICE, SAMSUNG PASS OR YOUR SAMSUNG ACCOUNT.\nIT IS YOUR RESPONSIBILITY
TO MAINTAIN THE SECURITY OF YOUR DEVICE AND YOUR ACCOUNT.\nWE ARE NOT LIABLE FOR
ANY LOSSES OR DAMAGES SUFFERED BY YOU DUE TO YOUR LOST, STOLEN OR DAMAGED DEVICE.\nYOU
MAY REGISTER YOUR BIOMETRIC INFORMATION TO VERIFY YOUR IDENTITY WHEN YOU USE SAMSUNG
PASS.\nTHIS HELPS PREVENT OTHERS FROM USING SAMSUNG PASS IF YOU LOSE YOUR DEVICE.\nYOU
AGREE TO NOTIFY US IMMEDIATELY IF YOUR ACCOUNT BECOMES KNOWN TO SOMEONE ELSE OR
IS OTHERWISE COMPROMISED.\n<br>\n<br>\n<b>Samsung SmartThings |</b> CERTAIN PRODUCTS
AND/OR THIRD-PARTY PRODUCTS MAY NOT WORK, OR MAY CEASE TO WORK WITH SMART THINGS,
DESPITE SUPPORTING THE SAME STANDARDS.\nWE DO NOT PROVIDE ANY GUARANTEE OR WARRANTY
OF COMPATIBILITY FOR THIRD-PARTY PRODUCTS, EVEN IF SUCH THIRD-PARTY PRODUCTS ARE
ACCESSIBLE THROUGH SMART THINGS.\nPLEASE NOTE THAT IF YOU ADD MEMBERS, SUCH MEMBERS
WILL HAVE FULL ACCESS AND CONTROL OVER ANY AND ALL OF YOUR CONNECTED PRODUCTS.<br>\n<br>\n<b>Samsung
Social |</b> If you do not use Samsung Social for more than twelve (12) months,
we reserve the right to delete all of your contents stored on Samsung Social.\nEven
if you use Samsung Social, if you do not use contents in a specific category of
Samsung Social (e.g.\ncontacts, calendars, photos, videos, reminders, notes) for
more than twelve (12) months, we reserve the right to delete the respective category
and the contents therein.\nWe will provide you with thirty (30) days advance notice
prior to any such deletion of your contents.\nFor purposes of this provision, “use”
or “used” shall mean accessing, uploading to, or downloading contents from Samsung
Social.\nPlease note that this provision does not apply while you subscribe to a
paid option.\nYou are responsible for backing up your contents to your own storage
devices or media, as we do not guarantee or warrant that you will always be able
to retrieve the contents you store or back up through Samsung Social.\nYou acknowledge
and agree that, Samsung is not liable or responsible for any loss that occurs due
to you not taking action to separately back up or store your contents.<br>\n<br>\n<b>Samsung
Digital Key |</b> You are responsible for keeping your Digital Key secure.\nAnyone
with access to your device or Samsung account will be able to use your Digital Key
and any related services, so make sure not to share your device or Samsung account
with others.\nYou also aren't allowed to use someone else's Digital Key without
their permission.\nBe careful not to lose your Digital Key or to allow it to be
stolen or damaged.\nSamsung isn't responsible for any losses or damages caused by
you or someone else using your Digital Key, whether you gave them permission or
not.\n<br>\n<br>\nIf you have any questions about our Services, contact us.<br>\n<br> "
updated_at:
- 2020-09-26 02:35:39.111123788 Z
- 2020-09-26 02:35:47.097833857 Z