Terms and Conditions

1. Your use of our Services
  1. 1.1 Your use of the Samsung Apps website at www.samsungapps.com and any other application, software, services, websites, wap and other related services provided by us or any third party designated by us including "Seller Office"(seller.samsungapps.com) ("STORE") (collectively "Services" excluding any services provided to you by us, Samsung, under a separate written agreement) is subject to the terms set out below and any other terms applicable to you from time to time, including but not limited to, Samsung's privacy policy (collectively "Terms").

    By using the Services, you can make content and other software applications ("Applications") produced by you available to customers.

    "We" or "Samsung" means Samsung Electronics Co., Ltd, whose principal place of business is at 416, Maetan-3 dong, Yeongtong-gu, Suwon-City, Gyeonggi-do, 443-742, South Korea. You may contact us at the Support menu of the STORE.

    It is important that you take the time to read these Terms carefully. These Terms and any of the documents referred to in the Terms form the legally binding agreement between us relating to the Services and your use of the STORE website (the "Agreement").
2. Accepting the Terms
  1. 2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. If you do not accept the Terms, you will not be able to access the Services.
  2. 2.2 You may not use the Services and may not accept the Terms if (a) you are under 18, or (b) you are a person barred from receiving the Services under the applicable laws of the country in which you are resident or from which you use the Services or (c) you are in a country to which we do not provide the Services.
3. Registration for Services
  1. 3.1 In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services, or as part of your continued use of the Services.
  2. 3.2 You may also be required to provide a username using your email address, your date of birth and passwords to create your account with us ("STORE Account"). You understand that you are responsible for maintaining the confidentiality of your username, your date of birth and passwords. Accordingly, you agree that you will be solely responsible to Samsung for all activities that occur under your STORE Account and we are not responsible for problems with your STORE Account due to misuse of your username and/or passwords. If you become aware of, or suspect, any unauthorized use of your username, your date of birth, passwords or of your STORE Account, you agree to notify us immediately at the Support menu of the "Seller Office".
  3. 3.3 Upon completion of registration by you and verification of your registration details by us and successful certification of the Applications you wish to distribute in accordance with section 5 of these Terms, you will be entitled to upload Applications for distribution. Applications may be licensed by you on a chargeable or a non-chargeable basis and this will be agreed during the submission and certification process.
  4. 3.4 You may be required to pay a non-refundable registration fee in order to begin using the Services.
4. Privacy and your personal information
  1. 4.1 In order to make the Services available to you and process the transactions contemplated by these Terms, Samsung will have to collect information and/or personal data from you. This information may be subject to data privacy laws in your jurisdiction.
  2. 4.2 The data and/or information collected will be used in accordance with Samsung's privacy policy. This policy explains how Samsung treats your personal information, and protects your privacy, when you use the Services.
  3. 4.3 agree to the use of your data in accordance with Samsung's privacy policies.
5. Submission, Certification, and Distribution of Applications.
  1. 5.1 Submission. You must submit to Samsung each Application that you wish to distribute through the STORE. You are solely responsible and liable for the Applications you submit and for complying with any support requirements, if any, set forth in the Documentation. All copies of the Application (e.g. the electronic files) you submit will be retained (or destroyed) by Samsung and will not be returned. You are responsible for retaining a back up copy of your Application.
  2. 5.2 Compliance. For each Application that you submit to Samsung, you agree to comply and remain in compliance with all requirements and obligations detailed in the Terms and/or other documentation we may provide from time to time for your compliance for matters such as support requirements, content guidelines, payment process, technical specifications, and submission guidelines ("Documentation"). Samsung may revise the Documentation from time to time in its sole discretion and will provide you with a reasonable time-frame to bring your Application into compliance with such revisions. Failure to comply with the obligations in the then-current Documentation may, among other things, result in removal of your Application from the STORE and possible revocation of your STORE Account.
  3. 5.3 Certification. Within a reasonable period of time after you submit an Application to Samsung, and provided that you have (i) paid any applicable certification or other fees and (ii) accepted any additional terms of service from Samsung's designated certification vendors, Samsung (or Samsung's designated certification vendor) will evaluate the Application to determine whether the Application complies with the certification requirements (including any requirements in the Documentation). Your Application should be capable of being installed into our target devices and work in accordance with your user manual, as installed, without causing any adverse effect to our devices. Samsung shall inform and update you regularly of the progress of the certification process. Resubmission of your Application is permitted provided any defects notified to you and/or suggestions made by us for improvement are made prior to the resubmission.
  4. 5.4 Distribution. Samsung has no obligation to distribute any Application you submit, and Samsung will not distribute any Application unless and until the Application has been certified to Samsung's satisfaction. If Samsung chooses to distribute your certified Application through the STORE, we will do so in accordance with these Terms.
  5. 5.5 Application Placement. Samsung reserves the right, in its sole discretion, to make all decisions regarding placement or promotion for an Application.
  6. 5.6 Removal. Samsung reserves the right to remove any Application from the STORE for any reason. Such reasons may include, without limitation, (i) your breach of these Terms or the Documentation; (ii) your express termination of this Agreement or of the license grants associated with an Application; (iii) an assertion or claim that your Application infringes the intellectual property rights of a third party or otherwise contains illegal content; (iv) an assertion by a mobile network operator that your Application causes harm to the operator's network; (v) your Application is already distributed under an agreement between you and a mobile operator or (vi) customer complaint(s) about the content or quality of your Application. Unless your Application is removed for breach of this Agreement or in response to an infringement or illegality allegation, Samsung will pay to you the amounts owed, if any, in connection with the distribution of your Application before removal.
  7. 5.7 Samsung Apps. We may also make our own Applications available to buyers and in this case, Samsung would contract with buyers in respect of Samsung Apps. Nothing in this Agreement shall restrict or limit Samsung's ability to produce Applications even if such Applications contain functionality which is similar to or equivalent to your Applications.
6. Revenue Share and Tax
  1. 6.1 Any revenue generated and recovered by distribution of your Application using our Services ("Sales Proceeds") shall be shared by Samsung and you at the rate of 30 per cent for Samsung and 70 per cent for you ("Revenue Share Ratio") but we shall be entitled to agree an alternative revenue share if both parties agree and this can be done during the certification process for an Application. Before applying any Revenue Share Ratio, any
      (a) revenue shares agreed with any third party (provided Samsung has agreed to such revenue sharing and to the extent that Samsung bears such costs in whole or in part alone);
      (b) other reasonable costs connected with the provision of the Services such as bank and gateway portal provider charges, currency conversion charges etc; and
      (c) refunded amounts, bad debts or cancelled amounts or other amount of similar nature;
    shall be deducted from the Sales Proceeds. The sum of Sales Proceeds less the above deductions shall be referred to as Net Sales Proceeds. The sum of Net Sales Proceeds less commissions to gateway companies or commission to any third party for collection of payment generated by mobile phone billing shall be referred to as Mobile Net Sales Proceeds. As a result of different technical standard and different reporting details for mobile phone billing, it will not be possible in some countries and/or with respect to some operators to allocate a specific bad debt to a specific download request. You acknowledge and agree that Samsung is entitled to allocate bad debts proportionally to the group of developers having accepted mobile phone billing as payment method.
    • 6.1.1 If the Sales Proceeds are received by credit card payment, the Revenue Share Ratio shall apply to Net Sales Proceeds and Samsung shall bear the cost of commissions to the payment gateway companies from its entitlement under the Revenue Share Ratio. The sum to be shared under this subsection shall be based on the fees collected and received in cleared funds in the bank account of the payment gateway company in Korea or in the bank account of a third party designated by Samsung including its subsidiaries between the 1st day and the last day of a month and shall be paid by the 25th day of the subsequent month.
    • 6.1.2 If the Sales Proceeds are received by mobile phone billing, the Revenue Share Ratio shall apply to Mobile Net Sales Proceeds and Samsung and you shall equally bear the costs of the commission to the payment gateway company for collection of the payment generated by mobile phone billing. Samsung shall bear the cost of the payment gateway company in Korea. The sum to be shared under this subsection shall be based on the fee collected and received in cleared funds in the bank account of the payment gateway company in Korea or in the bank account of a third party designated by Samsung including its subsidiaries between the 1st day and the last day of a month and shall be paid by the 25th day of the sixth month following the month in which the fee is collected.
    • 6.1.3 If the Sales Proceeds are received from a third party carrier, the Revenue Share Ratio shall apply to Net Sales Proceeds and Samsung shall bear the cost of commission to the payment gateway companies or to the third party carrier from its entitlement under the Revenue Share Ratio. The sum to be shared under this subsection shall be based on the fees collected and received in cleared funds in the bank account of the payment gateway company in Korea or in the bank account of a third party designated by Samsung including its subsidiaries between the 1st day and the last day of a month and shall be paid by the 25th day of the sixth month following the month in which the fee is collected..
  2. 6.2 Different revenue share arrangements may apply to sales made outside of our Services. All Sales Proceeds generated whether by credit card, mobile phone or third party carrier billing shall be processed by one or two payment gateway companies designated by us and you agree that the fee we agree with the gateway company shall be deducted in accordance with this section 6.
  3. 6.3 Samsung shall provide a statement of accounting showing the details of the revenue share by the 15th day of each month. Unless we receive a written objection to this statement within 5 working days of it being delivered to you by email, you shall be deemed to have accepted it as accurate.
    • 6.3.1 Such a statement shall be available at "Seller Office" and will be sent to the email address you provided to us when you registered for the Services and the statement will cover the following items: • Number of downloads of each Application that Samsung distributed on your behalf through the STORE website, minus the number of downloads for which Samsung paid a refund (or for which a refund has been requested);
      • The Sales Proceeds received, if any, for Applications distributed;
      • fees, if any, deducted for Applications by the payment gateway company and any other deductions;
      • Net Sales Proceeds and Mobile Net Sales Proceeds, if any, for Applications; and
      • the actual amount, if any, payable to you under sections 6.1.1 and/or 6.1.2 converted into the currency of payment (if applicable).
  4. 6.4 If net payment payable to you for a month exceeds USD$250, then the payment gateway company in Korea or a third party designated by Samsung including its subsidiaries will remit payment to you in accordance with this Section 6. If net payment for the month is less than USD$250, then Samsung may elect to carry forward the amount owed to subsequent months until the total amount owed exceeds USD$250. If Samsung removed any Application(s) of yours from the STORE during the applicable month for breach of this Agreement or in response to an allegation of intellectual property infringement or illegality, any costs incurred in connection with the removal of such Application(s) will be deducted from any payment otherwise payable to you under this Section 6. If Samsung terminated your STORE Account during the applicable month for breach of this Agreement, any costs incurred in connection with closing your STORE Account will be deducted from any payment otherwise payable to you under this Section 6 for the applicable month.
  5. 6.5 You agree that any payment to you may be withheld upon our instruction to the payment gateway company or a third party designated by Samsung including its subsidiaries in the event that; -
    • 6.5.1 you breach (or we have a reasonable ground to suspect that you are in breach of) the Terms; or
    • 6.5.2 you breach (or we have a reasonable ground to suspect that you are in breach of) any applicable laws; and
    • 6.5.3 as a consequence of your breach, you owe (or are likely to owe) us any monies.
  6. 6.6 Payment Processing.
    • 6.6.1 Samsung will make all payments due under these Terms to you using the payment gateway company in Korea or a third party designated by Samsung including its subsidiaries in accordance with Samsung's then-current payment policies to the financial institution designated by you during registration for the Services. You are solely responsible for issuing any value added tax or similar invoice as may be required by the laws of your own country if such documentation is required, and you certify that such invoice or document will show exactly the same details as in the Seller Office and reflects the same amount which the Seller Office shows in the currency agreed with you. Samsung is not liable for any tax or legal consequences if your invoice or document deviates from the details in the Seller Office. Samsung is not responsible for delay, loss or misapplication of funds due to incorrect or incomplete information supplied by you or a bank or for failure of a bank to credit your account.
    • 6.6.2 In the event the currency of payment from buyers of Applications is different from the currency of the payment agreed between you and Samsung, the payment from buyers shall be converted into the currency of payment to you using Samsung's then current rates for converting a buyer's payment into the currency agreed with you. You acknowledge that the amount you actually receive will depend in part on the rates and fees imposed by your financial institution.
    • 6.6.3 You must provide Samsung (and/or its third party payment processor) with all financial, tax and banking information requested in order to make payment of amounts owed under this Agreement. Samsung will notify you of any changes to the required information via updates to the Documentation. Failure to provide such information within sixty (60) days after submission of your first Application, or failure to keep such information current and accurate, may result in Samsung's removal of your Application from distribution and forfeiture of amounts owed to you under this Agreement.
  7. 6.7 Taxes. You are responsible for your own taxes including VAT related to payments you may receive under this Agreement and/or arising out of distribution of your Application. If any government authority requires that taxes be withheld on payments under this Agreement, Samsung (and, if applicable, its third party payment processor) is authorized to deduct those taxes from the amount it owes to you and remit them to the relevant government authority. Furthermore, if Samsung is required by law to charge you taxes on such payments, it has the right to do so. You will indemnify Samsung from any tax or other associated liability to which Samsung is exposed due to your failure to pay your own tax or otherwise arising out of distribution of your Application.
  8. 6.8 Reconciliation and Offset. Refunds, cancellation or bad debt payments processed after you receive payments due under these Terms will be debited against your STORE Account. Samsung may offset any amounts owed to Samsung against amounts Samsung owes you.
7. Application Pricing.
  1. When you submit an Application to Samsung, you may designate the price (if any) to be charged to buyers (provided that such price conforms to the Application price points specified by Samsung at the "Seller Office"), and Samsung will charge that price as your agent, plus any associated taxes, in connection with the distribution of your Application through the "Seller Office".

    Samsung does nor provide any warranty, guarantee, undertaking or assurance that you will receive any revenue arising out of your use of the Services. Samsung shall have no liability for Application pricing errors whether caused by Samsung or other parties.

    Please note that Samsung reserves the right to change the table for the Application price points and if Samsung does this then you shall change your Application price to reflect the changed Application price points."
8. License Grant.
  1. 8.1 License to Samsung.

    You do not transfer ownership of the Application to Samsung by submitting it, but you do grant the worldwide right for Samsung (a) to host, use, reproduce, distribute, edit and license the Application for evaluation and certification (by Samsung or Samsung's designated certification vendors) and (b) directly or indirectly through Samsung's authorized distribution partners, to host, reproduce, market, promote, and distribute the Application to buyers. You also grant Samsung the right to publish your entity name and trademarks in connection with the marketing and distribution of the Application through STORE.
  2. 8.2 License to Buyer.

    You, not Samsung, will license the right to install and use the Application to buyers using our form of end user agreement attached hereto and we will act as your agent in concluding licence agreements in this form on your behalf and collecting the purchase price for such licences on your behalf. You shall be solely responsible for any and all liabilities involving or relating to the Applications.
9. Representation and Warranties
You represent and warrant to Samsung and its affiliated companies that:
  1. 9.1 You have the power and authority to enter into this Agreement and to fully perform your obligations under this Agreement;
  2. 9.2 The Application is your own original work and does not violate any Samsung or third-party intellectual property rights, and you have obtained any and all consents, approvals or licenses (including written consents of third parties where applicable) required for you to submit and license your Application under this Agreement and for your Application to access any Internet-based services, if any, to which the Application enables access;
  3. 9.3 Listing, marketing, distribution, installation and use of your Application in the STORE does not violate any agreements to which you are a party or of which you are otherwise aware; If your Application includes any open source software, your Application complies with any corresponding license obligations for such open source software.
  4. 9.4 Your Application does not contain any viruses, hidden content or other malicious applications (including, for example, any "trap doors," "worms," "Trojans," or "time bombs") or other unauthorized or hidden programs, and your Application does not collect any user information for which you have not obtained the buyer's consent;
  5. 9.5 Your Application does not contain any unauthorized third party content or prohibited content (as identified in the Documentation) and otherwise complies with the Documentation and with the applicable laws of each jurisdiction, including any US or foreign export control laws, to which you are submitting the Application for distribution; For the avoidance of doubt, your Application does not (i) depict explicit sexual activity; (ii) depict or endorse acts that cause or are intended to cause excessive pain or suffering; (iii) promote or endorse the misuse of alcohol, tobacco, illegal drugs or other addictive substances; (iv) promote intolerance or discrimination based on racial, political, ethnic, religious, gender or sexuality; (v) promote invasion of rights or privacy; (vi) promote gambling or (vii) promote illegal activity.
  6. 9.6 You are 18 or over on the date you submit your Application to Samsung;
  7. 9.7 The information you provide to Samsung under or in connection with this Agreement is true, accurate, current, and complete.
  8. 9.8 You shall use the Services only for purposes that are permitted by the Terms and applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
  9. 9.9 If you use the Services to distribute the Application, you shall protect the privacy and legal rights of users. If the users provide you with, or your Application accesses or uses, users names, passwords, or other login information or personal information, you must make the users aware that the information will be available to you and/or your Application, and you shall provide legally adequate privacy notices and protection of that information for those users. Further, your Application may only use that information for the limited purposes for which the user has given you permission to do so.
  10. 9.10 You shall not engage in any activity with the Services, including the development or distribution of Application that interfere with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including but not limited the STORE users, Samsung or any mobile network operator.
  11. 9.11 You shall not use customer information obtained from the Services to sell or distribute the Application without using the Services or STORE.
  12. 9.12 You agree to defend, indemnify and hold harmless Samsung and its affiliated companies from and against any and all third party claims and all liabilities assessments, losses, costs or damages resulting from or arising out of your breach of the Terms, this section 9 and/or misuse of the Services by a third party where such misuse was caused in whole or in part by your failure to take reasonable measures to protect your username and passwords against misuse.
10. Confidentiality.
  1. 10.1 Confidential Information. You agree that at all times during the term of this Agreement and thereafter, you will hold in strictest confidence, and will not use or disclose to any third party, any Samsung and Samsung affiliate Confidential Information. The term "Samsung and Samsung affiliate Confidential Information" means all non-public information that Samsung designates, either in writing or verbally, as being confidential, or which, under the circumstances of disclosure ought to be treated as confidential. Samsung and Samsung affiliate Confidential Information includes information relating to (i) business policies or practices of Samsung and its affiliated companies, (ii) customers or suppliers of Samsung or its affiliated companies, or (iii) information received from others that Samsung or its affiliated companies are obligated to treat as confidential. If you have any questions as to what comprises Samsung and Samsung affiliate Confidential Information, you agree to consult with Samsung. Samsung and Samsung affiliate Confidential Information does not include information that was known to you prior to Samsung's disclosure to you, or information that becomes publicly available through no fault of yours. We further agree that the terms and conditions of this Agreement will be deemed Confidential Information.
  2. 10.2 Applications. Any Application or other materials you provide to us in any form shall be non-confidential and Samsung shall have no restrictions on its ability to disclose and publish such information and Applications.
  3. 10.3 Publicity. Except for legally mandated disclosures or pursuant to the rules of the applicable stock exchanges on which the securities of you or Samsung are traded, you will not issue any press release or make any public announcement(s) disclosing the existence or terms of this Agreement without obtaining our prior written consent.
11. Proprietary rights
  1. 11.1 You acknowledge and agree that Samsung (or Samsung's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
  2. 11.2 Unless you have agreed otherwise in writing with Samsung, nothing in these Terms gives you a right to use any of Samsung's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
  3. 11.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Samsung, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of these Terms, and Samsung's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.Samsung.com/permissions/guidelines.html (or such other URL as Samsung may provide for this purpose from time to time).
  4. 11.4 Other than the limited license set forth in these Terms, Samsung acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Application that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Samsung, you agree that you are responsible for protecting and enforcing those rights and that Samsung has no obligation to do so on your behalf.
  5. 11.5 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.
  6. 11.6 Unless you have been expressly authorized to do so in writing by Samsung, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
12. Software updates and availability of Services
  1. 12.1 The software which you use during the Services may automatically download and install updates from time to time from Samsung. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Samsung to deliver these to you) as part of your use of the Services.
  2. 12.2 Samsung reserves the right, in its sole discretion, to change, improve and correct the Services. The Services may not be available during maintenance breaks and other times. Samsung may also decide to discontinue the Services or any part thereof in its sole discretion. In such case, you will be provided with prior notification.
13. Ending your relationship with Samsung
  1. 13.1 This Agreement will continue to apply until terminated by either you or Samsung as set out below.
  2. 13.2 If you want to terminate the Agreement, you may do so by (a) completing the form for termination available at the Seller Office and (b) closing your STORE Account for all of the Services which you use by going through the process set out in this section. Upon completion of the form, we will give you a notice of closure of your STORE Account by email and your account will be closed. You will be required to settle (or we will settle) any outstanding sum by the next immediate settlement date following the notice of closure from us. Termination of your relationship with Samsung as seller will not affect your use of our Services as buyer.
  3. 13.3 Samsung may at any time, terminate the Agreement with you by giving written notice of termination to the email address held in our records for you. Following delivery of this email notice, your account will be closed. You will be required to settle (or we will settle) any outstanding sum by the next immediate payment/settlement date following the date of closure of your account. Termination of your relationship with Samsung as seller will not affect your use of our Services as buyer
14. Liability
  1. Nothing in these Terms excludes our liability (if any) to you for:
      · personal injury or death resulting from our negligence;
      · fraud;
      · any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
    We do not warrant or guarantee that the Services will be:   (a) compatible with all or any hardware and software which you may use;
      (b) available all the time or at any specific time, uninterrupted, secure or error free; or
      (c) suitable for your requirements or meet any specific level of performance or functionality
    We reserve the right to withdraw or modify the Services at any time.
    We are only liable to you for direct losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access the Services. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption. In any event, our liability to you for any breach of this Agreement, negligence or other default shall not exceed the revenue paid to you during the 3 month period up to the date of the event giving rise to the liability.

    By using the Services, you agree to indemnify Samsung and other companies and corporations in the Samsung group against any costs, damage, claims, liabilities and expenses incurred as a result of your breach of these Terms, the privacy policy and/or any other applicable terms.

    The information, documents, software and other materials contained on the STORE website are provided "as is". We try and ensure that such materials are accurate and up to date, but we cannot be responsible for any errors, faults or inaccuracies. Our liability to you as explained above remains unaffected by this.

    To the fullest extent permitted by law, we expressly exclude all representations, conditions, warranties or other terms which apply to the Services and associated content/information including any implied warranties of satisfactory quality, merchantability, fitness for a particular or any purpose or non-infringement which might otherwise apply but for this clause.

    If in a relevant jurisdiction, these limitations and exclusions are not permitted then our liability shall be limited and excluded to the fullest extent permitted by law.
15. Copyright and trade mark policies
  1. 15.1 It is Samsung's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers. Details of Samsung's policy can be found at http://www.Samsung.com/dmca.html.
  2. 15.2 Samsung operates a trade mark complaints procedure in respect of Samsung's advertising business, details of which can be found at http://www.Samsung.com/tm_complaint.html.
16. Advertisements
  1. 16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
  2. 16.2 The manner, mode and extent of advertising by Samsung on the Services are subject to change without specific notice to you.
  3. 16.3 In consideration of Samsung granting you access to and use of the Services, you agree that Samsung may place such advertising on the Services.
17. Other content
  1. 17.1 The Services may include hyperlinks to other web sites or content or resources. Samsung may have no control over any web sites or resources which are provided by companies or persons other than Samsung.
  2. 17.2 You acknowledge and agree that Samsung is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  3. 17.3 You acknowledge and agree that Samsung is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
18. Changes to the Terms
  1. 18.1 Samsung may make changes to the Terms from time to time. When these changes are made, Samsung will make a new copy of the Terms available at "Seller Office" and any new additional terms will be made available to you from within, or through, the affected Services.
  2. 18.2 You understand and agree that if you use the Services after the date on which the Terms changed, Samsung will treat your use as acceptance of the updated Terms.
19. General legal terms
  1. 19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
  2. 19.2 The Terms and the documents referred to in these Terms constitute the whole legal agreement between you and Samsung and govern your use of the Services (but excluding any services which Samsung may provide to you under a separate written agreement), and completely replace any prior agreements between you and Samsung in relation to the Services.
  3. 19.3 You agree that Samsung may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
  4. 19.4 You agree that if Samsung does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Samsung has the benefit of under any applicable law), this will not be taken to be a formal waiver of Samsung's rights and that those rights or remedies will still be available to Samsung.
  5. 19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that 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.
  6. 19.6 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 the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. For the purposes of this 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.
  7. 19.7 You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during its term.
  8. 19.8 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 endeavours 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.
  9. 19.9 The Terms, and your relationship with Samsung under the Terms, shall be governed by the laws of England and Wales without regard to its conflict of laws provisions. You and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in London to resolve any legal matter arising from the Terms. 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.
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