<SAMSUNG Members> Terms of Service

 

 

PLEASE READ THESE TERMS OF SERVICE FOR THE CAREFULLY BEFORE USING THIS SERVICE.

 

The SAMSUNG MEMBERS is a membership service that offers benefits and additional services to Samsung smart phone users. It also provides answers to your questions about the use of Samsung smartphones and opportunity to synchronize your data (collectively, the “SERVICE”). These terms of service for SAMSUNG MEMBERS (the “TOS”) govern and regulate the legal relationship between Samsung Electronics Co., Ltd. and its affiliates (collectively “Samsung” or “we”) and you as user of the SERVICE. The TOS supplements the Samsung Service Terms and Conditions (“Service Terms and Conditions”) that you have already agreed to (or concurrently agree to along with this TOS) when opening a single sign on user account with Samsung (the “Samsung account”). For those of you who do not have a Samsung account yet, please read the Service Terms and Conditions that are provided at [https://account.samsung.com] and open a new Samsung account before using the SERVICE. Even though the most critical and important service terms are covered here under the TOS, you acknowledge and agree that the general and more detailed service terms from the Service Terms and Conditions that are applicable to SAMSUNG Members are incorporated by reference into this TOS.

 

By using SAMSUNG MEMBERS, you accept these TOS, which may be modified by Samsung from time to time.

 

1. Your Acceptance of these TOS

 

You agree that you will use the SERVICE in accordance with applicable law and will not use the SERVICE for any illegal or fraudulent purposes, or purposes that are prohibited by the Service Terms and Conditions (defined above) or these TOS. Persons under the age of majority in their resident jurisdictions (each, a “Minor”) may not use the SERVICE unless their parent or legal guardian has reviewed and agreed to these TOS. If you are a parent or guardian permitting a Minor to use the SERVICE, you agree to: (i) exercise supervision over the Minor’s use of the SERVICE; (ii) assume all risks associated with the Minor’s use of the SERVICE, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume all liabilities resulting from the Minor’s use of the SERVICE; and (iv) ensure the accuracy and truthfulness of all information submitted by the Minor.

 

2. Definitions

 

(i) “Member” means the person who has registered as member to use SAMSUNG MEMBERS.

 

3. License

 

3.1 Grant of License.

 

Subject to the terms and conditions of this TOS, Samsung hereby grants to you, and you accept, a limited, personal, nonexclusive, nontransferable and revocable license to use the SERVICE only as authorized in this Agreement. Your access to the SERVICE is licensed, not sold. All references to the SERVICE includes all related content, such as text, graphics, user interfaces, scripts and software used to implement and provide access to the SERVICE, and any updates, upgrades, enhancements, modifications, revisions or additions to the SERVICE 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 SERVICE.

 

3.2  Restrictions.

 

(i) You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, broadcast exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the SERVICE or its content in whole or in part.

 

(ii) You may not use the SERVICE for any purpose that is unlawful or prohibited by this Agreement. You are specifically prohibited from using the SERVICE to share, publish or otherwise include content that (a) violates any third party’s rights, including privacy and intellectual property rights; (b) is obscene, abusive, threatening, defamatory, violent, illegal, hateful, discriminatory, racist, sexist, or otherwise objectionable (as determined in our sole discretion) or in non-conformance with Samsung’s content or use guidelines; or (c) contains viruses or other harmful software, code or other means that impact or limit the SERVICE or the devices running the SERVICE.

 

(iii) You may not interfere or attempt to interfere with the operation or use of the SERVICE by others in any way through any means or device, including but not limited to spamming, hacking, uploading computer viruses or time bombs, or any other means. You may not, using the SERVICE, collect or harvest personal information, including but not limited to account names and contact information. You may not impersonate or pretend to be anyone else but you, including without limitation, by creating fraudulent or spoof accounts, or using someone else’s image without their consent.

 

(iv) You may not use any robot, spider, script, or any manual or automated program or other means to extract, download, index, create multiple accounts, frame, enclose, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the SERVICE.

 

(v) You may not use the SERVICE to make any unsolicited offers, request, advertisements, or spam.

 

(vi) If the SERVICE allows you to submit reviews, you may not submit any fake or fabricated reviews. Any reviews by you will be genuine and will represent your own personal experiences. You warrant that you have not been offered any payment or other incentive to write a review.

 

(vii) The ability to download or stream contents from the SERVICE may be available to you only in your resident country and not available in any other location. If subject to such territorial restrictions, either imposed by Samsung or content provider, you agree not to access or use or attempt to access or use the SERVICE from outside of your resident country. Samsung may use technologies to verify such compliance.

 

3.3  Uploading Material to Samsung Members Community

 

(i) Any material you upload to Samsung Members Community will be considered non-confidential and non-proprietary, and we have the right (at no charge) to use, copy, distribute, sub-license, and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who makes reasonable claims that any material posted or uploaded by you to the website constitutes a violation of their intellectual property rights or their right to privacy.

 

(ii) Samsung reserves the right to remove any material or post you make on the website if, in its opinion, such material does not comply with Samsung’s content standards. You warrant that any material you upload does not, and will not, infringe any third party intellectual property rights.

 

(iii) Any material you upload should comply with the content standards below in spirit as well as to the letter. We will determine, at our discretion, whether a contribution breaches the content standards. A contribution must be accurate (where it states facts), be genuinely held (where it states opinions), comply with all applicable laws in the country from which it is posted, and be relevant. A contribution must not:

 

be defamatory of any person

be obscene, offensive, hateful, or inflammatory

promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

disclose the name, address, telephone, mobile or fax number, email address, or any other personal data in respect of any individual

infringe any copyright, database right, or trademark of any other person

breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence

be in contempt of court

be likely to harass, upset, embarrass, alarm, or annoy any other person

impersonate any person, or misrepresent your identity or affiliation with any person

give the impression that the contribution emanates from Samsung if this is not the case

advocate, promote, or incite any third party to commit, or assist in committing, any unlawful or criminal act

contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public for whom the statement is intended are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism

contain any advertising or promote any services or links to other sites.

 

(iv) Samsung is under no obligation to you or any other person to oversee, monitor, or moderate the forums or any other services Samsung provides on the website and Samsung may therefore stop moderating the forums at any time. Samsung reserves the right to remove, or to disable access to, any posted contribution which Samsung deems to be potentially defamatory of any person, or otherwise inappropriate, or which Samsung deems unlawful or in violation of any third party rights. Samsung expressly excludes liability for any loss or damage arising from the use of Samsung Members by any person in contravention of these rules.

 

4. Update of the SERVICE

 

Samsung may, at any time, provide or make available updates or upgrades to the SERVICE (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the SERVICE. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates, in which case that separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner.

 

5. Right to Monitor

 

Samsung may, but have no obligation to monitor your use of the SERVICE, your accounts, content, and communications that Samsung determine in its sole discretion violates the TOS. Samsung reserves the right to gather data on SERVICE usage including license key numbers, and other information deemed relevant, to ensure that the SERVICE is being used in accordance with the TOS. Any unauthorized use shall be considered by Samsung to be a violation of the TOS. You agree not to block, electronically or otherwise, the transmission of data required for compliance with the TOS. Any blocking of data required for compliance under the TOS is considered to be violation of the TOS and may result in immediate termination of your right to use the Service. Samsung reserves the right, but have no obligation, to monitor or become involved in disputes between you and other users.

 

6. Promotions and Rewards

 

From time to time, Samsung may make available selected promotions and rewards. You understand and accept the following:

 

6.1 Promotions and rewards may be offered and provided by third parties. In such cases Samsung is not responsible for the promotion or reward made available.

 

6.2 All promotions and rewards are subject to availability and may not be available to you for any reason in Samsung and/or the partner’s discretion, including but not limited to: (a) geographical restrictions, (b) limited durations, (c) device restrictions, limited availability, and/or (d) as a result of certain mobile phone operators.

 

6.3 The eligibility for any promotions and receipt of any reward will also be subject to the terms and conditions of the promotion or reward in question.

 

6.4 Samsung reserves the right to make changes to the promotions and rewards offered, at any time, without obligation on Samsung to provide notification of such change.

 

7. Privacy Policy

 

All personal information obtained from Members in connection with Membership and Coupon services will not be released to third parties for their own independent marketing or business purposes without obtaining consent from the Member. However, we may disclose your information to the following entities:

 

Affiliates—the Samsung family of companies.

Business partners—trusted companies that may provide information about products and services you might like.

Service providers—companies that provide services for or on behalf of Samsung.

Law enforcement—when we are required to do so or to protect Samsung and its users.

 

To learn more about disclosures, please refer to our Privacy Policy under Settings / About Samsung Members Menu.

 

8. Collection and Use of Personal Information

 

8.1 When you open an account with us, we will obtain personal information about you. The information collected will only be used, provided, or delegated within the scope specified in the Privacy Policy.

 

8.2 Your Account. If registration information is required, you agree to provide accurate, current and complete information required to register with the SERVICE and/or at any other time as may be required in the course of using the service. 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 use in maintaining your account and providing the SERVICE. You are solely responsible for any activity that occurs on your account, for providing and maintaining accurate registration information and for maintaining the confidentiality of your password. If there has been an unauthorized use of your password or account, please notify us immediately.

 

8.3 It is important that you read the Privacy Policy carefully because anytime you use our SERVICE; you consent to the practices we describe in the Privacy Policy and the supplements. If you do not agree to the practices described in the Privacy Policy, you should not use our SERVICE.

 

8.4 It is also important that you check back often for updates to the Privacy Policy. If we update the Privacy Policy we will let you know about changes we consider to be material by placing a note on relevant Services. By accessing or using our SERVICE after we have placed such a notice, you consent to the new practice(s) identified in the update. The most current version of the Privacy Policy will always be available here “https://account.samsung.com/membership/pp”. You can check the “effective date” posted at the top to see when the Privacy Policy was last updated.

 

9. Data Access

 

Some features of the SERVICE may require your device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The SERVICE may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the SERVICE may be affected by the suitability and performance of your device hardware or data access.

 

10. Changing or Suspending of the SERVICE

 

In case of any change/ amendment or enactment of relevant laws or regulations or for any other reason, Samsung may by thirty (30) days prior notice change or suspend the SERVICE (hereinafter called “change”).

 

Samsung may “change” its services in each of the following cases: unilateral changes in services by affiliated organizations, bankruptcy, natural disasters, financial crisis, and management crisis due to a rapidly changing financial environment or other equivalent reasons. In such cases, Samsung shall notify Members of the changes in services in writing, or by phone, email, or text message within seven business days from the date of the changes.

 

11. Compliance with Law

 

You acknowledge and agree to comply with any and all applicable laws and regulations in using the SERVICE including without limitation, all applicable export restriction laws and regulations.

 

12. Termination

 

These TOS are effective until terminated. You can terminate these TOS by ceasing your use of the SERVICE, and uninstalling, deleting and returning all related software, documentations and other materials provided by Samsung, including backup copies thereof. Should you not comply with these TOS, your rights based on these TOS will be automatically terminated without notice from Samsung. Upon either your or Samsung’s termination of these TOS, you must immediately cease all use of the SERVICE. For the purpose of clarity, Samsung may terminate anytime these TOS and the SERVICE with notice to you (e.g., service website, pop-up through application, email or etc.).

 

13. Notice to Members

 

13.1 Samsung may notify Members on the email addresses they provided when registering.

 

13.2 When notifying an unspecified number/class of Members, Samsung may replace individual Member notifications with a notice on the service bulletin board for over 1 week. However, subject matters that can significantly affect Members will be notified each member individually.

 

14. Disclaimer of Warranty

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.

 

15. Limitation of Liability

 

15.1 Samsung and you do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law..

 

15.2 Subject only to 15.1, Samsung shall not be liable for loss, damage or liability under contract (including negligence), laws on third party obligations (including ‘tort’ and negligence claims) or statutory obligations or any other legal basis whatsoever, even if Samsung was specifically put on notice of the risk of such loss (i) where the loss is indirect, incidental, special, consequential, or comprises exemplary or punitive damages, or (ii) for any loss of profit, loss of business, loss of opportunity, loss of data or (iii) where the loss relates to errors, omissions or interruptions, computer viruses, connection or connectivity problems or for network charges.

 

15.3 Subject only to 15.1 and 15.2, Samsung’s total financial liability to you arising from or in connection with these TOS, the SERVICE or related matters shall not exceed the amount you paid Samsung or Samsung’s affiliate specifically for this SERVICE.

 

15.4 You acknowledge that the above provisions of clauses 10 and 11 are reasonable given the benefits of the SERVICES and you will accept such risk and/or insure accordingly.

 

15.5 IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICES TO AVOID LOSING ANY DATA.

 

16. Indemnification

 

The following text only applies if you use the SERVICE as part of your business, trade or profession: You agree to indemnify, defend, and hold harmless Samsung, its affiliates, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use of the SERVICE, your violation of the rights of any third party, or any breach of these TOS.

 

17. Applicable Law

 

These TOS are governed by the laws of the jurisdiction where you are a resident, without regard to its conflict of law provisions. These TOS shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

 

18. Dispute Resolution

 

If you are a consumer (and where this term is not otherwise defined in your local law, this means ‘not using the SERVICE as part of a business, trade or profession’) then the courts of the territory in which you are resident have non-exclusive jurisdiction to hear and decide any dispute, controversy or difference arising from these TOS or the SERVICE. Where local law permits a choice of court, the court shall be the court in the capital city of your country. If you are not a consumer, if a dispute, controversy or difference arising in any way from these TOS or your use of the SERVICE is not amicably settled, it shall be subject to arbitration proceedings under the arbitration rules of the International Chamber of Commerce in the place of the respondent. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction. Arbitration hearings shall be conducted in English.

 

19. Entire Agreement

 

These TOS are the entire agreement between you and Samsung relating to the SERVICE and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SERVICE or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

 

20. Electronic Communications

 

When you use the SERVICE or send email(s) to Samsung, you are communicating electronically. You consent to receive communications from Samsung electronically by way of email or SMS. You agree that all agreements, notices, disclosures and other communications that Samsung provides to you electronically satisfy all legal requirements. In connection with your use of the SERVICES, Samsung may send you SERVICE announcements, administrative messages, and other information.

 

[2018.10.18]