TERMS OF USE

EFFECTIVE DATE: April 11, 2019

Samsung Electronics (“Samsung”, “we”, or “us”) offers you the developer website, developer.samsung.com and subdomains, along with all of the features and functions therein (collectively the “Site”) for your use only as specified in these Terms of Use (“Terms”). These Terms apply to your use of the Site as well as any other sites from which you may be directed or linked to these Terms. These Terms constitute a legally binding agreement between you and us. You must be 18 years old or the age of majority in your jurisdiction in order to use our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may only use the Site with your parent or legal guardian’s permission. By accessing or using our Site, you agree that you have read, understand, and are bound by the terms and conditions set forth herein. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.

ACCOUNT CREATION

You may view some parts of the Site without creating an account, but in order to sign up for the Developer Program or the Samsung Seller site, you will be required to create a Samsung Account and agree to the program terms. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. You agree that you will provide and maintain accurate registration information and that it is your sole responsibility to do so. If there has been an unauthorized use of your password or account, please notify us immediately. When you register an account with us, you may be required to provide some of your personal information. By registering and providing us with your personal information, you also accept our Privacy Policy, which is incorporated into these Terms.

OWNERSHIP

Unless otherwise stated herein, we and/or our licensors are the sole owners of the Site and all of its content, including without limitation, all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Site. You agree that all right, title, and interest in the Site will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Samsung name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do s – excluding source code examples or project examples. You agree that you will only use the Site for personal, non-commercial purposes. Notwithstanding the foregoing, we do not claim ownership of any content that you submit to us via Site. You represent and warrant that you have secured (and are able to produce proof in writing) of any and all rights necessary and appropriate to submit the content to us via the Site, including all necessary releases, and that such content is not confidential, as it will be not be treated as such. You do, however, grant us a perpetual, worldwide, unrestricted, non-exclusive, royalty-free, transferable license to use license, reproduce, modify, adapt, publish, translate, create derivate works from, distribute,publically perform and display the content that you post or submit to us via the Site.

SAMSUNG GOODS AND SERVICES

Samsung may display the availability of some goods and/or services on this website. Some of these goods and/or services may only be available in certain jurisdictions and Samsung therefore reserves the right to choose where such goods and/or services are supplied. By informing the availability of any goods and/or services, Samsung does not warrant that such goods and/or services will be available in your jurisdiction and you should check with your local Samsung contact for further information. Where Samsung does supply goods and/or services, whether through this website or other means, additional terms and conditions may apply.

SOFTWARE DOWNLOADS

When we make software available for users to download through developer.Samsung.com, any such download is subject to the terms of our end user license agreement, in addition to these terms and conditions. We may also wish to specify certain additional licensing terms in connection with specific software and, if any such additional software licensing terms apply, these will be notified to you at the time you agree to license the software.

SAMPLE CODE

Samsung may publish on the website what Samsung terms "Sample Code", which is software developed by Samsung and which Samsung makes freely available for developers to use under the terms of the Sample Code license. The terms of the Sample Code license will be notified to you at the time you agree to license any Sample Code from Samsung.

USE RESTRICTIONS

While using the Site you agree to comply with all applicable laws, rules and regulations. You further agree that when using the Site you will not:

  • Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;

  • Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site;

  • Frame or mirror any part of the Site without Samsung’ express prior written consent;

  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;

  • Copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorization;

  • Resell, sub-license, or lease any of the content on the Site;

  • Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;

  • Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties;

  • Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.

Your failure to comply with these restrictions or any part of these Terms may result in termination of your access to the Site, as well as cancellation of your account and/or registration.

DISCLAIMER OR WARRANTIES

THE SITE AND ALL CONTENT, SERVICES AND FEATURES AVAILABLE THROUGH THE SITE, ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. SAMSUNG DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, AND TITLE. SAMSUNG MAKES NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. SAMSUNG MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY INTERACTION WITH AND ANY THIRD PARTIES APPEARING ON THE SITE OR OTHER THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH YOUR ACCOUNT REGISTRATION, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED OR HAVE A DISPUTE ABOUT THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

INDEMNITY

You agree to defend, indemnify and hold harmless Samsung, and its respective employees, officers, directors, agents, representatives, licensors, suppliers, agencies, and service providers from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with the Site; or (b) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.

THIRD PARTY SITES

The Site contains links to third party websites, such as social networking websites. Samsung does not have control over such websites and is not responsible for the availability of such external websites. Samsung does not endorse and is not responsible or liable for the content, advertising, products, services or other materials on or available from such third party websites linked from the Site. Your use of third party websites is at your own risk and subject to the terms and conditions and policies of such websites.

DISPUTE RESOLUTION

These Terms will be construed and enforced under the laws of the state of New York. You and we agree that any dispute between you and us arising under or related to these Terms and this Site can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national U.S. arbitration company. You agree that you will not file a class action, or participate in a class action against us.

LOCAL LAWS

If you use this site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content.

LINKING

Samsung may link to other websites which are not within its control. When Samsung does this, Samsung will try and make it as clear as possible that you are leaving developer.Samsung.com. Samsung is not responsible for these other sites in any way, and do not endorse them. It is your responsibility to check the terms and conditions and privacy policy on any other site which you visit.

You may not link to developer.Samsung.com from another site without our consent in writing. Any consent would be subject to complying with the following guidelines:

  • links must be to the home page http://developer.samsung.com/http://developer.samsung.com/

  • you may not create a frame or any other border around developer.Samsung.com

  • the site from which you wish to link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful or offensive

  • and you must not imply that Samsung endorses, or is associated with, any other site, product or service

FEES

The use of the Samsung Developers services is free of charge. Samsung reserves the right to charge for Samsung Developers services and to change its fees, at its discretion. Samsung may from time to time launch other services which may be subject to a separate charge and terms.

CONTRACTING ONLINE

Nothing on developer.Samsung.com is intended to be, nor should be construed as, an offer to enter into a contractual relationship with you or anyone else, except for these terms and conditions, which govern the relationship between us in relation to your use of developer.Samsungmobile.com and the services made available through it (plus any additional terms we impose in relation to specific products and/or services on the website). If you make a contract with a third party who is named or referred to on developer.Samsung.com, it is your responsibility to ensure that you are comfortable with the terms of that contract, and to take legal advice if necessary.

AGE LIMIT

Everyone is welcome to visit developer.Samsung.com. However, if you want to participate on certain sections of the website or in certain activities available on the website, for example join a club or group, or enter a contest, you must register to the website. In order to register, you must be at least 18 years old or receive your parents and/or guardians written consent

TERMINATION

We may immediately suspend or terminate your use of and access to the Site at our sole discretion and without prior notice, for any reason, with or without cause.

SEVERABILITY

If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.

WAIVER

Any delay in enforcing or any failure to enforce any provision of these Terms will not be deemed a waiver of any other or subsequent breach of these Terms.

CHANGES

We reserve the right to change any part of the Site, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site.

YOUR PRIVACY

We will treat personal data provided by you to us in accordance with our Privacy Policy. You warrant that you are entitled to provide such personal data to us.

QUESTIONS OR COMMENTS

support@samsungdevelopers.com.