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Developer-type Sellers can only register applications using Samsung SDK.
MENA-type Sellers can register applications which do not use Samsung SDK, but may sell the applications to MENA countries only.

MENA Countries : Afghanistan, Algeria, Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tunisia, Turkey, UAE, Yemen.

Terms and Conditions

1. Your use of our Services
  1. Your use of the Samsung GALAXY Apps 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 use two different business models when licensing your Applications to customers. Those countries listed in Section 19.10 shall be referred to as the Commissionaire Countries and the Agency Countries. In both cases, Samsung or its designee (being a Samsung affiliate or a third party) will collect the revenues (if any) arising out of the transaction.

    "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"); provided, that, in the event there is any separate written agreement that have been entered into or is to be entered into between you and Samsung regarding a provision of the Applications produced by you and there is any inconsistency between such separate written agreement and this Agreement, such separate written agreement shall prevail to the extent of the inconsistency.
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 on a chargeable or a non-chargeable basis and this will be agreed during the submission and certification process.
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 You 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.

    • 5.1.1 DRM. Digital Rights Management (DRM) is used to protect digital contents from unauthorized reproduction or usage. Samsung provides the DRM solution to enhance the security of applications. You may opt to use the DRM solution we provide. Notwithstanding anything to the contrary, Samsung' DRM solution is provided "AS IS" and "AS AVAILABLE" without any warranty, express, implied or otherwise, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Samsung shall have absolutely no liability in connection with the DRM solution including without limitation, any liability for damage to any computer and/or mobile phone hardware.
  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, advertising guidelines 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 and Classification. 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. Where applicable, we provide a content classification for each Application we place on the STORE. We rely upon and use the classification you provided. Your classification must comply with the applicable standard classification procedures in your jurisdiction. You will indemnify Samsung and its affiliated companies from any liability arising from your failure to provide classification in accordance with the applicable standard in your jurisdiction.
  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. In addition, Samsung has sole discretion to determine the device or devices on which any Application is made available for distribution. 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 Applications. We may also make our own Applications available to buyers and in this case, Samsung would contract with buyers in respect of Samsung Applications. 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. 6.1Any revenue generated and recovered by us (including through our designee, being a Samsung affiliate or a third party) arising from 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, and at the rate of 20 percent for Samsung and 80 percent for you if you are a Galaxy Apps Partner ("Revenue Share Ratio"). An alternative revenue share rate may be established upon mutual written agreement during the certification process for an Application. (The Revenue Share Ratio for Galaxy Apps Partner under this Section 6.1 applies to the Sales Proceeds generated on and from August 23, 2014 ) Before applying any Revenue Share Ratio, any
      (a) VAT or other sales taxes in cases where you distribute your Contents in the Commissionaire Countries using our Services;
      (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 by us from the Sales Proceeds. Samsung will attempt to collect any bad debts for no more than six (6) months. The sum of Sales Proceeds less (a) 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 and (b) amounts that may not be accounted as revenue due to inevitable data loss occurred from time to time caused by carrier's technical system limitation when you select a mobile phone billing as payment option 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 The payment will be processed according to EXHIBIT I.
  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 - 6.1.3 converted into the currency of payment (if applicable).
  4. 6.4 If net payment payable to you for a month exceeds USD$150 in the countries specified in clause 19.10, 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$150, then for the countries specified in clause 19.10, Samsung may elect to carry forward the amount owed to subsequent months until the total amount owed exceeds USD$150. Notwithstanding the foregoing, where the net payment for the relevant month is less than USD$150 and there is no further revenue accruing for your Application(s) for 12 months, Samsung may elect to pay the amount owed and terminate your account. 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 (1) in case of credit card payment, at the rate in effect on the date on which the transaction is completed as set by Visa or Mastercard; (2) in case of mobile phone billing, at the US Dollar exchange rate published in the New York Times or the Euro exchange rate published in the UK Financial Times, on the first day of the month in which the Operator makes payment to Samsung. 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. In the case where you licence customers directly and Samsung acts as your agent, 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. Regardless of whether Samsung is an Agent or Commissionaire, 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 and its affiliated companies from any tax or other associated liability to which Samsung (and its affiliated companies) 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. In connection with the distribution of your Application through the "Seller Office", Samsung will charge the price set by you (provided that such price conforms to the Application price points specified by Samsung at the "Seller Office"), plus any associated taxes.

    Samsung does not 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 to Samsung:
      (a) the worldwide right to host, use, distribute, edit and license the Application for evaluation and certification (by Samsung or Samsung's designated certification vendors);
      (b) the worldwide right to modify or edit the Application for security purposes including, without limitation, the right to apply or upgrade security patches or related software to the Application
      (c) the right in the Agency countries listed in section 19.10, directly or indirectly through Samsung's authorized distribution partners, to host, market, promote, and distribute the Application to buyers as your agent; and
      (d) the right in the Commissionaire countries listed in section 19.10 to grant licences of Application to buyers.
      (e) the worldwide right to evaluate, make comments and provide information about the Application (collectively "Editor's Comments"), and to host, use, distribute and edit Editor's comments for STORE marketing purpose. You may request for corrections to Samsung via the customer support menu in the Seller Office if there is an error or if you have a different opinion. Samsung owns property rights to Editor's Comments in accordance with section 11.

    You also grant Samsung its Affiliates, and their distribution channel, including distributors and telecommunications operators, the right to use the Application and/or to publish your entity name and trademarks in connection with the marketing and distribution of the Application through STORE.
    Samsung may exercise these rights itself or through its affiliated companies and shall have the right to sublicence the above rights to other Samsung affiliated companies.
  2. 8.2 License to Buyer.

    In the Agency countries listed in section 19.10, you, not Samsung, will license the right to install and use the Application to buyers using either our form of end user agreement attached hereto or an end user agreement provided by you (subject to approval by Samsung at its sole discretion) 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.

    In the Commissionaire countries listed in section 19.10, Samsung (or a Samsung affiliated company) will licence the right to install and use the Application to buyers using our form of end user agreement attached hereto.

    Whether you or Samsung licenses the right to install and use the Application to buyers, you agree that the buyer of your Application has the right to re-download, install and use the purchased Application for the buyer's original or other devices that are capable of properly running the purchased Application.
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 any Applications that interferes 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 Samsung and Samsung Affiliate 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/or 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.
  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.
  3. 12.3 For the security purposes, Samsung reserves the right, in its sole discretion, to apply or update security patches to the Application or modify the Application to the extent required for such purpose without prior notification to You. In such case, however, Samsung shall make relevant subsequent notice to You as soon as commercially reasonable.
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 immediately terminate the Agreement, without any notice to you, for reasons specified in section 5.6. Further, Samsung may change your account status from active to dormant if there is no login history in your account for a period longer than twelve (12) months. You can request at any time to reactive your account.
  4. 13.4 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.
  5. 13.5 In the event Samsung terminates the Agreement according to 13.4, you may make an objection within 30 days of it being delivered to you, and Samsung will immediately restart the Services if Samsung determines your objection to be a legitimate claim.
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.

    You will be solely responsible for your Applications to be distributed through the STORE and Samsung disclaims any liability arising out of your Applications.

    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. 15.1It is Samsung's policy to respond to notices of alleged copyright / trademark rights infringements that comply with all applicable intellectual property laws and related regulations, and to terminate the accounts of repetitive infringers.
  2. 15.2The detail procedure according to this provision complies with the "Copyright Infringement Guide" which Samsung decides in the scope of related laws.
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.
  4. 16.4 You may include third party advertisement within Applications, which shall be subject to the then applicable Samsung advertising guidelines. Samsung reserves the right to reject or remove advertising that Samsung deems contrary to its advertising guidelines. These guidelines are subject to change at any time and Samsung may waive any of these guidelines at its discretion. Any revenues to be generated by such third party advertisement within Applications shall not be counted as the "Sales Proceeds" subject to revenue sharing between Samsung and you under clause 6 and, therefore, you are entitled to retain all revenues from such third party advertisement.
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. You further agree not to provide external hyperlinks that are unrelated to your Application.
  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 provide you at least 7 days’ prior notice(in case of material change, 30 days’ prior notice) and 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 out of or connected to these Terms (including non-contractual matters). 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.
  10. 19.10 For the purposes of clause 6.4, the countries to which that clause applies are:

    Region Country Business Model Billing Method
    (Commissionaire is being applied to, except Korea)
    Credit Card Premium SMS Operator's Billing Local Billing Method
    Europe Albania Agency - - -
    Austria Commissionaire - - PayPal
    Belgium Commissionaire - - PayPal
    Bosnia Agency - - -
    Bulgaria Commissionaire Commissionaire - -
    Croatia Commissionaire Commissionaire - -
    Czech Commissionaire - T-Mobile PayPal
    Denmark Commissionaire - - PayPal
    Estonia Commissionaire Commissionaire - PayPal
    Finland Commissionaire - - PayPal
    France Commissionaire - SFR PayPal
    Bouygues
    Orange
    Germany Commissionaire - O2 PayPal
    T-Mobile
    Voda
    Greece Commissionaire Commissionaire - PayPal
    Hungary Commissionaire Commissionaire - -
    Ireland Commissionaire - - PayPal
    Italy Commissionaire - TIM PayPal
    Voda
    Latvia Commissionaire Commissionaire - PayPal
    Lithuania Commissionaire Commissionaire - -
    Luxembourg Commissionaire Commissionaire - PayPal
    Macedonia Agency - - -
    Montenegro Agency - - -
    Netherlands Commissionaire - Voda PayPal
    Norway Commissionaire - - PayPal
    Poland Commissionaire - - PayPal
    Portugal Commissionaire - - PayPal
    Romania Commissionaire Commissionaire Orange PayPal
    Serbia Agency Commissionaire - -
    Slovakia Commissionaire Commissionaire - PayPal
    Spain Commissionaire - Movi PayPal
    Voda
    Sweden Commissionaire - Telenor PayPal
    Telia
    Tele2
    H3G
    Switzerland Agency - Swisscom PayPal
    UK Commissionaire - Voda PayPal
    O2
    Three
    CIS Armenia Agency - - -
    Azerbaijan Agency - - -
    Belarus Agency Commissionaire - -
    Georgia Agency - - -
    Kazakhstan Agency Commissionaire - -
    Moldova Agency - - -
    Russia Agency Commissionaire Beeline QIWI
    MegaFon
    MTS
    Tele2
    Tadjikistan Agency - - -
    Turkmenistan Agency - - -
    Ukraine Agency Commissionaire - -
    Uzbekistan Agency - - -
    Asia Pacific Australia Agency - - PayPal
    Bangladesh Agency - - -
    Cambodia Agency - - -
    China Chinese Seller
    (only for bank accounts registered in China)
    - - - <Agency>
    - - - PPcard
    - - - AliPay
    - - - Tenpay
    - - - Wechatpay
    UnionPay
    Overseas Seller
    (including Chinese sellers who are not using a bank account registered in China)
    - - - <Commissionaire>
    - - - PPcard
    - - - AliPay
    - - - Tenpay
    - - - Wechatpay
    UnionPay
    Hongkong Agency - - PayPal
    India Agency - Airtel -
    Voda
    Aircel
    IDEA
    Indonesia Agency - - -
    Japan Agency - docomo WebMoney
    KDDI
    Softbank
    Korea Agency - <Agency> <Agency>
    SKT INICIS
    (micropayments)
    U-point
    Laos Agency - - -
    Macao Agency - - -
    Malaysia Agency - - PayPal
    Mongolia Agency - - -
    Nepal Agency - - -
    New Zealand Agency - - PayPal
    Philippines Agency Commissionaire - PayPal
    Singapore Agency - SingTel PayPal
    Sri Lanka Agency - - -
    Taiwan Agency - Chunghwa PayPal
    VIBO
    Thailand Agency - - PayPal
    Vietnam Agency - - -
    Americas Argentina Agency Commissionaire - -
    Brazil Commissionaire Commissionaire - -
    Canada Agency - TELUS PayPal
    Chile Agency Commissionaire - -
    Jamaica Agency - - -
    Mexico Agency - - PayPal
    Peru Agency - - -
    Trinidad and Tobago Agency - - -
    USA Commissionaire - - PayPal
    Middle East & Africa Afghanistan Agency - - -
    Algeria Agency - - -
    Bahrain Agency - VIVA -
    Zain
    Egypt Agency - - -
    Iran - - - Shetab
    Iraq Agency - - -
    Israel Agency - - PayPal
    Jordan Agency - Zain -
    Kenya Agency - - -
    Kyrgyzstan Agency - - -
    Kuwait Agency Commissionaire Ooredoo -
    VIVA
    Lebanon Agency - - -
    Libya Agency - - -
    Morocco Agency - - -
    Nigeria Agency - - -
    Oman Agency - Ooredoo -
    Pakistan Agency - - -
    Qatar Agency Commissionaire -
    Saudi Arabia Agency - STC -
    South Africa Agency - - -
    Tunisia Agency - Ooredoo -
    Turkey Agency Commissionaire Turkcell -
    Voda
    Avea
    UAE Agency Commissionaire Etisalat -
    du
    Yemen Agency - - -
  11. EXHIBIT I.
    Payment
    method
    Country Internal Payment Policy
    Credit Card Everywhere
    except for Korea
    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 as of 21:00 hours (GMT+1) two days before the last calendar day two months before the month in which payment is made to 20:59 hours (GMT+1) two days before the last calendar day one month before the month in which payment is made and shall be paid by the last day of the month in which payment is made.
    Korea 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 last day of the subsequent month.
    Premium SMS Everywhere If the Sales Proceeds are received by premium SMS mobile phone billing, the Revenue Share Ratio shall apply to Mobile Net Sales Proceeds and Samsung and you shall bear the costs of the commission to the payment gateway company for collection of the payment generated by mobile phone billing according to the same Revenue Share Ratio. 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 according to each operator's billing period, and shall be paid by the last day of the sixth month following the month in which the fee is collected.
    Third party carrier Everywhere
    except for Korea
    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 according to each operator's billing period, and shall be paid by the last day of the sixth month following the month in which the fee is collected.
    Korea 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 according to each operator's billing period, and shall be paid by the last day of the month in which payment is made.
    Cyber Cash
    / Prepaid Card
    China If the Sales Proceeds are received from cyber cash billing or by prepaid card payment, the Revenue Share Ratio shall apply to Mobile Net Sales Proceeds and Samsung and you shall bear the costs of the commission to the payment gateway company for collection of the payment generated by cyber cash billing or prepaid card according to the same 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 25th day of the first month and 24th day of the second month, and shall be paid by the last day of the seventh month following the month in which the fee is collected.
This Terms shall be effective from [February 1, 2016].

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