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Privacy Policy
Privacy Notice
In order to provide you with SPMS2.0 service, Samsung needs to process your personal data.
Personal data :
Name, Phone number, Company, e-mail address, Last login ip, Last login time
You can find the details in the following Privacy Policy
SPMS2.0 Privacy Policy
Effective: [2018.01.15]
Samsung Electronics Co., Ltd. (“Samsung,” “we,” “us,” “our”) knows how important privacy is to its customers and their employees and partners, and we strive to be clear about how we collect, use, disclose, transfer and store your information. This Privacy Policy provides an overview of our information practices with respect to personal information collected through SPMS2.0 or other services that link or refer to this Privacy Policy (collectively, the "Business Services").
It is important that you check back often for updates to the Privacy Policy. If we update the Privacy Policy and you use our Business Services after the update, you consent to the new practice(s) identified in the update, although we also may let you know about changes we consider to be material by placing a notice on this website or related online services. You can check the “effective date” posted at the top to see when the Privacy Policy was last updated.
What information do we collect about you?
We may collect various types of personal information in connection with the Business Services.
For example:
· We may collect personal information that you provide, such as your name, address, e-mail address and contact details, job title and position, company, language, registration details, and any communications you send or deliver to us;
· We may collect data about your use of the Business Services, including the time and duration of your use; information stored in cookies that we have set on your device; and information about your device settings;
· We may collect information about the products and services you or your employer have bought or received and payment data and other information provided in connection with a transaction;
· We also may receive personal information about you from your employer or service provider or from publicly and commercially available sources (as permitted by law), which we may combine with other information we receive from or about you.
How do we use your information?
We may use information we collect for the following purposes:
·
· to provide products and services that you (or your employer) requested and to register or authenticate you or your device;
· to respond to your questions or requests for information;
· to offer better and more customized products and services that take into account your company’s purchasing history and service record and other relevant information;
· subject to your consent where required by applicable law, to inform you about new products and services;
· for assessment and analysis of our market, customers, products, and services (including asking you for your opinions on our products and services and carrying out customer surveys);
· to understand the way companies use the Business Services so that we can improve them and develop new products and services;
· to provide maintenance services and to maintain a sufficient level of security on the Business Services;
· to protect the rights, property, or safety of Samsung, or any of our respective affiliates, business partners, employees or customers, for example, in legal proceedings, internal investigations and investigations by competent authorities;
· otherwise with your consent or as described to at the time your information is collected.
To whom do we disclose your information?
We do not disclose your information to third parties for their own independent marketing or business purposes without your consent. But we may share your information with the following entities:
· affiliates;
· third parties when necessary to provide you with requested products and services. For example, we may disclose your payment data to financial institutions as appropriate to process transactions that you have requested;
· ;
· other parties: (i) to comply with the law or respond to compulsory legal process (such as a search warrant or other court order); (ii) to verify or enforce compliance with the policies governing our Business Services; (iii) to protect the rights, property, or safety of Samsung, or any of our respective affiliates, business partners, or customers; (iv) as part of a merger or transfer, or in the event of a bankruptcy;
·
· with other third parties when you consent to or request such sharing.
Submissions that you make to public areas of a website, mobile application, or other online service, such as bulletin boards may be viewable to other users of the Business Services. We do not control, and are not responsible for, how other users of the Business Services may use this information. For example, personal information that you submit in public areas could be collected and used by others to send you unsolicited messages or for other purposes.
What do we do to keep your information secure?
We have put in place reasonable physical and technical measures to safeguard the information we collect in connection with the Business Services. However, please note that although we take reasonable steps to protect your information, no website, Internet transmission, computer system or wireless connection is completely secure.
Where do we transfer your information?
Your use or participation in the Business Services may involve transfer, storage and processing of your information outside of your country of residence, consistent with this policy. Please note that the data protection and other laws of countries to which your information may be transferred might not be as comprehensive as those in your country. We will take appropriate measures, in compliance with applicable law, to ensure that your personal information remains protected.
Can you access your information?
Under the laws of some jurisdictions, you may have the right to request details about the information we collect about you and to correct inaccuracies in that information. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. If you would like to make a request to access your information, please contact our customer service department at spmshelp@samsung.com.
If you request deletion of personal information, you acknowledge that you may not be able to access or use the Business Services and that residual personal information may continue to reside in Samsung's records and archives for some time, but Samsung will not use that information for commercial purposes. You understand that, despite your request for deletion, Samsung reserves the right to keep your personal information, or a relevant part of it, if Samsung has suspended, limited, or terminated your access to the website for violating the Samsung Terms of Use, when necessary to protect the rights, property, or safety of Samsung, or any of our respective affiliates, business partners, employees or customers.
How long do we keep your information?
We take reasonable steps to ensure that we retain information about you only for so long as is necessary for the purpose for which it was collected, or as required under any contract or by applicable law.
Third-Party Links and Products on Our Services
Our Business Services may link to third-party websites and services that are outside our control. We are not responsible for the security or privacy of any information collected by websites or other services. You should exercise caution, and review the privacy statements applicable to the third-party websites and services you use.
Cookies, Beacons and Similar Technologies
We, as well as certain third parties that provide content, advertising, or other functionality on our Business Services, may use cookies, beacons, and other technologies in certain areas of our Business Services.
Cookies
Cookies are small files that store information on your device. They enable the entity that put the cookie on your device to recognize you across different websites, services, , and/or browsing sessions. Cookies serve many useful purposes. For example:
Cookies can remember your sign-in credentials so you don’t have to enter those credentials each time you log on to a service.
Cookies help us and third parties understand which parts of our Business Services are the most popular because they help us to see which pages and features visitors are accessing and how much time they are spending on the pages. By studying this kind of information, we are better able to adapt the Business Services and provide you with a better experience.
Cookies help us and third parties understand which ads you have seen so that you don’t receive the same ad each time you access the MSS Service.
Cookies help us and third parties provide you with relevant content and advertising by collecting information about your use of our Business Services and other websites and apps.
When you use a web browser to access the Business Services, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. The operating system of your device may contain additional controls for cookies.
Please note, however, that some Business Services may be designed to work using cookies and that disabling cookies may affect your ability to use those Business Services, or certain parts of them.
Other Local Storage
We, along with certain third parties, may use other kinds of local storage technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with our Business Services. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings. For information about disabling or deleting information contained in Flash cookies, please click here.
Beacons
We, along with certain third parties, also may use technologies called beacons (or “pixels”) that communicate information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your device, know when you have viewed particular content or a particular email message, determine the time and date on which you viewed the beacon, and the IP address of your device. We and certain third parties use beacons for a variety of purposes, including to analyze the use of our Business Services and (in conjunction with cookies) to provide content and ads that are more relevant to you.
By accessing and using our Business Services, you consent to the storage of cookies, other local storage technologies, beacons and other information on your devices. You also consent to the access of such cookies, local storage technologies, beacons and information by us and by the third parties mentioned above.
Your Choices
You can make choices about whether to receive promotional communications from us by following the unsubscribe instructions included in the communication.
Contact
If you have any questions regarding this policy, please contact us at: [spms20help@samsung.com]
Legal
Samsung Project Management System Terms of Use
1. Agreement between Samsung and the User
1.1. In this document:
(a) "We", "us", or "Samsung" means Samsung Electronics Co., Ltd, whose principal place of business is at 129, Samsung-ro, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea; and
(b) "User" or "you" means a user of Samsung Project Management System (collectively, "SPMS") service
(c) "Service" means services provided by us or any third party designated by us under this website http://spms20.samsungnetwork.com Services are subject to availability.
1.2. The use of the Services is subject to the terms and conditions set out below and any other terms and conditions applicable to you from time to time, including but not limited to, Samsung's Privacy Policy available at http://spms20.samsungnetwork.com/privacy-policy and all other documents referred to in this document (all such terms and conditions collectively constituting the "Agreement").
1.3. This Agreement is a legally binding agreement between Samsung and the User in relation to the Services and the User's use of the Services.
2. Acceptance of Agreement
2.1. By accessing, browsing and/or using this website or any aspect of the Service, the User acknowledges that the User has read, understands, and agrees to be bound by the terms and conditions of this Agreement (the "Terms") and to comply with all applicable laws, rules and regulations. If you do not agree to these Terms, do not use this website. The individual accepting this Agreement on behalf of an entity represents that he or she has authority to represent the entity.
2.2. Subject to Clause 2.3, the User will accept the Terms by clicking to accept or agree to the Agreement via the user interface for the Service.
2.3. Any purported acceptance of these Terms by any of the following persons will not be valid, and such persons may not use the Service:
(a) "any person who is not of legal age to form a binding contract with Samsung; or
(b) any person who is barred from receiving the Service, in each case, under the laws of any country.
3. Translation of the Agreement
The User acknowledges and agrees that any translation of the English language version of the Agreement provided by Samsung to the User is provided for the User's convenience only, and that the English language version of the Agreement will take precedence over the translation in the event of any contradiction between them.
4. The Service
4.1. The Service is provided to the User by Samsung and in some cases, by Samsung's subsidiaries and affiliated legal entities worldwide (Collectively, the "Samsung Affiliates") on behalf of Samsung. The User acknowledges and agrees that the Samsung Affiliates are each entitled to provide the Service to the User under the Agreement.
4.2. The User acknowledges and agrees that there may be non-material changes to the form and nature of the Service provided from time to time without prior notice to the User.
4.3. The User acknowledges and agrees that Samsung may (in its sole discretion) suspend or cease providing the Service (or any part of the Service) to a specific User or all Users upon prior notice to the User.
4.4. The User acknowledges and agrees that Samsung may, for any commercially reasonable grounds, suspend or disable the User's access to the User's account for the Service, in which case the User may be prevented from accessing the Service, the User's account details and any files or other content contained in the User's account. We will not be liable if, for any reason, all or any part of the website or Services is unavailable at any time or for any period.
4.5. Samsung does not warrant or guarantee that the Services, website or any material or content contained therein is up to date and Samsung does not warrant or guarantee that it will update or upgrade such Services, website or any material or content contained therein.
5. Using the Service
5.1. The User agrees to use the Service subject to (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.2. The User must not access (or attempt to access) any of the Service other than through the interface and the instructions for the Service made available by Samsung. Without limiting the foregoing, the User must not access (or attempt to access) any of the Service through any automated means (including scripts or web crawlers).
5.3. Certain aspects of the Service may automatically download and install updates from time to time from Samsung. Such updates may be in various forms, including bug fixes, enhanced or new functions or features, new software modules and completely new versions. The User agrees to receive such updates (and permits Samsung to deliver such updates to the User) as part of the Service.
5.4. The User must not engage in any activity that causes interference with or disruption to the Service or any servers or networks that are connected to the Service.
5.5. The User must not reproduce, duplicate, copy, sell, trade or resell the Service (or any part of them).
5.6. To the extent permitted by law,
the User is solely responsible for any breach of the User's obligations under
the Agreement and for the consequences of any such breach, including any loss
or damage which Samsung or any third party may suffer.
Samsung will have no responsibility to the User or to any third party in
respect of such breach.
5.7. Except as set forth in "Other Agreements: Software, Services or Access", below, Samsung authorizes you to use the Samsung Websites only for your own personal, non-commercial purposes. Use of the Samsung Websites for any public or commercial purpose is strictly prohibited.
5.8. Samsung may suspend or stop providing the Services to the User if the User does not comply with these Terms or Samsung's policies or if Samsung is investigating suspected misconduct or breach of these Terms.
6. Other Agreements: Software, Services or Access
6.1. Samsung may provide products (such as hardware or software), services (such as hardware maintenance or repair or software maintenance, installation, or training) or access to Samsung Websites under the terms of a separate agreement between the User and Samsung (each, an "Other Agreement").
6.2. Samsung's obligations with respect to any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
7. Passwords and Account Security
7.1. To access portions of this website or certain aspects of the Service, you may be asked to provide certain registration details or other information. The User is responsible for maintaining the confidentiality of the User's login information and passwords for all accounts used by the User to access the Service. The User acknowledges and agrees that the User is solely responsible to Samsung for all activities that occur under all such accounts.
7.2. The User must notify Samsung immediately upon becoming aware of any unauthorized use of any of the User's passwords or accounts or any other breach of security.
7.3. You must logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Samsung has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of this Agreement.
7.4. The User acknowledges that if the User provides a third party with access to the User's account information or otherwise enables or permits such access (by positive act, omission or by negligence, including, but not limited to, creating weak or easily discovered password) through no fault of Samsung (collectively referred to as non-User Access), the third party with such non-User Access may be able to remotely track or locate the Samsung device or the User's location, and may be able to access information (including, but not limited to, personal and financial information) stored on or accessed using the Samsung device or lock out or wipe the device. The User agrees that in any such event Samsung shall not be liable for any consequences or damages based on such non-User Access.
7.5. The User acknowledges that third party software, kernel, or service which User installs or permits to be installed or used (whether knowingly or unknowingly) on the Samsung device which have not been approved by Samsung may be able to access the User's account information and the User agrees that Samsung is not liable to the User and the User releases Samsung from any liability for such access or use.
8. User Registration Data
8.1. When you register to open an account on the Samsung websites or when you contact Samsung through the Samsung websites for the purpose of receiving products or services, Samsung may collect certain personal information about you.
8.2. Samsung's use of such information is governed by the provisions of the Samsung Online Privacy Policy for the Site.
8.3. The User agrees to provide
accurate, current, and complete information required to register to use the
Service ("Registration Data") and at other points as may be required
in the course of using the Service. The User further agrees to maintain and
update the User's Registration Data as required to keep it true, accurate,
current, and complete.
Samsung may terminate the User's rights to any or all of the Service if any
information provided by the User is false, inaccurate or incomplete.
8.4. Samsung does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Samsung will be deemed NOT to be confidential.
8.5. By sending Samsung any information or material, the User grants Samsung an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Samsung is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
9. Content Rights
9.1. The User acknowledges that all content accessible as part of or via the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is the sole responsibility of the originator of such Content. Such Content may include content in the form of advertisements or other sponsored Content.
9.2. The User acknowledges and agrees that the Content may be protected by a variety of laws governing the use of copyrights, trademarks, patents, trade secrets or other proprietary or intellectual property rights of Samsung, Samsung Affiliates or other third parties. You must not modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part). Using Samsung's Services does not give the User ownership of any intellectual property rights in Samsung's Services or the Content. These Terms do not grant the User the right to use any branding or logos used in our Services.
9.3. Samsung may (but is not obliged to) pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services.
9.4. The User acknowledges that you use the Services understanding the risk that you may find some content to be offensive, indecent or objectionable.
10. Samsung's Proprietary Rights
10.1. The User acknowledges and agrees that Samsung (or Samsung's licensors) owns all legal right, title and interest in and to the Service, including all intellectual property rights (existing anywhere in the world and whether registered or not) which subsist in the Service.
10.2. The User acknowledges that the Service may contain information which is confidential to Samsung and agrees not disclose such information without Samsung's prior written consent.
10.3. Other than as a User of the
Service nothing in the Agreement gives the User any right to use any of
Samsung's trade names, trademarks, service marks, logos, domain names, or other
distinctive brand features.
To the extent that the User is entitled to such use under Other Agreements,
such use must be in compliance with such Other Agreements, any applicable
provisions of the Agreement, and Samsung's brand feature use guidelines as
updated from time to time.
10.4. The User must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which are affixed to or contained within the Service.
10.5. The User must not use any trademark, service mark, trade name, logo of any person in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10.6. Except as specifically permitted herein, no portion of the information on this Web site may be reproduced in any form, or by any means, without prior written permission from Samsung or, if applicable, its licensors. The User are NOT permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public of commercial purposes.
11. Global Availability
Because international information is provided at this website, not all products, programs and services mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
12. Third Party Content
12.1. The Service may include links to other websites, content and resources. Samsung may have no control over such websites, content or resources which are provided by third parties ("Third Party Content").
12.2. The User acknowledges and agrees that Samsung is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or available via Third Party Content.
12.3. If the User uses these links, you will leave the Samsung Websites. Access to any other Internet site linked to this Web Site is at the User's own risk and Samsung is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Samsung is not responsible for examining, and Samsung does not warrant the offerings of, any of these businesses or individuals or the content of their websites. When leaving a Samsung Website, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website. Samsung provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
13. Changes to the Agreement
Samsung may make changes to the Terms of Use from time to time for security, commercial or legal reasons. When these changes are made, you will be notified separately with at least 15 days notice of any changes or additions by making a copy of the new Terms of Use available at http://spms20.samsungnetwork.com/en/terms-use and you will be prompted to consent to or decline the newly revised Terms of Use. You may end this Terms of Use at any time if you do not agree to the amended Terms of Use.
14. Termination of the Terms of Use
14.1. Except as set forth in "Other Agreements: Software, Services or Access", above, Samsung may terminate, suspend or modify your registration with, or access to, all or part of the Services or Samsung websites, without notice, at any time and for any reason.
14.2. Samsung may, without prior notice to the User, designate an account with no log in record for a period of one (1) year as a dormant account or to terminate accounts that are inactive for an extended period of time.
14.3. The User may discontinue your participation in and access to the Samsung Websites at any time. If you breach any of this Agreement, your authorization to use the Samsung Websites automatically terminates and you must immediately destroy any downloaded or printed materials (and any copies thereof).
15. EXCLUSION OF WARRANTIES
15.1. NOTHING IN THIS AGREEMENT, INCLUDING THIS CLAUSE 14 AND CLAUSE 15, EXCLUDES OR LIMITS SAMSUNG'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN THE USER'S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND SAMSUNG'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.2. SAMSUNG WILL USE COMMERCIALLY REASONABLE EFFORT TO ENSURE THAT THE SERVICES ARE AVAILABLE TO YOU WITHOUT UNDUE DISRUPTION, INTERRUPTION OR DELAY. IF THERE IS A DISRUPTION, INTERRUPTION OR DELAY, SAMSUNG WILL USE COMMERCIALLY REASONABLE ENDEAVOURS TO ENSURE THAT IT IS KEPT TO A MINIMUM.
15.3. IN PARTICULAR, SAMSUNG, THE SAMSUNG AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS;
(b) YOUR ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
(d) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
15.4. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, CONTENT AND SERVICES ARE PROVIDED "AS AVAILABLE" AND "AS IS," WITH ALL FAULTS WITHOUT WARRANTIES OR ANY KIND, EITHER ERPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
15.5. INFORMATION ON THIS WEB SITE IS NOT PROMISED OR GUARANTEED TO BE CORRECT, OR COMPLETE, AND THIS SITE MAY CANTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ACCORDINGLY, THE USER SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS SITE.
15.6. THE USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15.7. NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM SAMSUNG OR ANY SERVICE TECHINICIAN ON OR VIA THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS OF USE.
16. Limitation of Liability
16.1. SAMSUNG SHALL NOT BE LIABLE TO THE USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGE OR LOSSES HAS BEEN NOTIFIED TO SAMSUNG, FOR:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR
(B) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION OR (WHETHER DIRECT OR INDIRECT); OR
(C) ANY LOSS, DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT); OR
(D) ANY LOSS OR DAMAGE AS A RESULT OF:
1. (I) ANY RELIANCE PLACED BY THE USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE USER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING IS MADE AVAILABLE ON OR VIA THE SERVICE;
2. (II) ANY CHANGES TO THE SERVICE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY PART OF THEM);
3. (III) THE USER'S FAILURE TO PROVIDE SAMSUNG WITH ACCURATE ACCOUNT INFORMATION; OR
4. (IV) THE USER'S FAILURE TO KEEP THE USER'S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
17. General
17.1. Samsung intends to rely upon
only the written terms set out in the terms of this Agreement and not any
representations made elsewhere, in advertising or directly to the User by any
of our employees.
This Agreement integrates and supersedes any and all prior oral or written
agreements relating to the subject matter hereof. The User must read the terms
of this Agreement carefully and should contact Samsung and must not use the
Service if the terms include things to which the User does not wish to be
bound.
17.2. The User agrees that Samsung may provide the User with notices (including notices relating to changes to the Agreement), by email, ordinary mail, or postings on or via the Service.
17.3. The User agrees that if Samsung does not exercise or enforce any legal right or remedy which is set out in the Agreement, or which Samsung has the benefit of under any applicable law, this will not be construed as a formal waiver of Samsung's rights or remedies and that such rights or remedies remain available to Samsung.
17.4. If any provision of this Agreement is invalid, as determined by a court of law having the jurisdiction to decide on this matter, then that provision will be removed from the Agreement without affecting the remaining provisions of the Agreement, which will continue to be valid and enforceable.
17.5. The User acknowledges and
agrees that each Samsung affiliated company shall be a third party beneficiary
to the Agreement and shall be entitled to directly enforce, and rely upon, any
provision of the Agreement which confers a benefit on (or rights in favor of)
them.
Subject to the foregoing, no other person shall be a third party beneficiary to
the Agreement.
For the purposes of the Agreement, an affiliated company of Samsung is any
company, corporation, firm, partnership or other entity that controls Samsung,
is controlled by Samsung or is under common control with Samsung; the term
"controls" and "controlled" meaning the ability to direct
the management of the relevant entity.
17.6. The User may not transfer,
assign, convey (whether by contract or operation of law), charge or otherwise
dispose of the Agreement which is personal to the User, or any of the User's
rights or obligations arising under it, without our prior written consent.
We will not refuse to give consent without good reason.
Any transfer in violation of this Agreement shall be of no power or effect.
17.7. We will not be liable or
responsible for any failure to perform, or delay in performance of, any of our
obligations under this Agreement that is caused by events outside our
reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or
accident beyond our reasonable control and includes in particular (without
limitation) strikes, lock-outs or other industrial action, civil commotion,
riot, invasion, terrorist act or attack or threat of terrorist act or 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 for a reasonable period of time
after such Force Majeure Event is removed or ceases to exist and we will have
an extension of time for performance for the duration of that period. We will
use our reasonable endeavors to bring the Force Majeure Event to a close or to
find a solution by which our obligations under the Agreement may be performed
despite the Force Majeure Event.
The User and Samsung agree to submit to the exclusive jurisdiction of the courts of the Republic of Korea to resolve any legal matter arising in relation to the Agreement. Samsung and User hereby consent to the personal jurisdiction in those courts. Notwithstanding the foregoing, the User agrees that Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
