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TERMS OF USE

Welcome to Samsung Village at www.samsungvillage.com (the “Website”). The Website is operated by Samsung Electronics Co., Ltd., a Korean corporation with its office at 1320-10, Seocho 2-dong, Seocho-gu, Seoul 137-965 (including its affiliates, “Samsung,” “we,” or “us”) for the Samsung Group.

The terms and conditions set forth below (the “Terms”) govern your access to or use of the Website, Materials (as defined below) and Services (as defined below). Please read the Terms carefully before accessing or using the Website. If you do not agree with any of the Terms, do not access or otherwise use the Website. Your use of the Website constitutes your agreement to each of the Terms.

General Use and Restrictions
All content provided on the Website (including, but not limited to, data, information, documents, texts, design, trademarks, logos, graphics, images, icons, sound, video, code and software) (the “Materials”) is the exclusive property of Samsung, its licensors or its content providers, and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the Materials contained on the Website solely for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice appearing on the Materials you access, copy, download or print.

You agree not to use, display, reproduce, transmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate or in any way exploit any Material, in whole or in part, whether by email or by any other means, for any purpose other than for your personal and non-commercial use as set forth herein. Any unauthorized use of the Website, Materials or Services may violate copyright, trademark and any other applicable laws.

Restricted Areas
Certain areas of the Website (the “Restricted Areas”) may require you to create an account and submit your personally identifiable information such as your ID or password. You agree to provide us with accurate, complete and current information at all times. Such information will be collected, used and stored pursuant to our Privacy Policy available in the legal section.

You agree that you are entirely responsible for protecting your account information, and agree to notify Samsung immediately if your account information is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all acts or omissions that occur, or any and all statements made, under your account. You agree to immediately notify Samsung if you have any reason to believe or become aware of any loss, theft or unauthorized use of your account. We may assume that any communications we receive under your account have been made by you unless we receive notices otherwise.

Samsung may terminate, suspend or modify your registration with, or access to, all or any portion of the Website, without notice at any time and for any or no reason. You may stop using or accessing to the Website at any time. If you violate any of the Terms, your authorization to use the Website automatically terminate and you must immediately destroy any downloaded or printed Materials including any copy thereof.

Prohibited Use
You may not use the Website, any Material or service provided through the Website (the “Services”): (a) in a manner that violates any local, state, national, foreign or international law; (b) to harass or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Website or Services.

You agree not to “frame” or “mirror” the Website or any portion of the Materials or Services on any other server or internet based device without prior written consent of Samsung. Further, you may not use any portion of the Materials or Services in any meta tags or any other “hidden texts” without Samsung’s prior written consent.

Link
The Website may contain links to other websites. Because we have no control over third-party websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible for any content, advertising, services, products or other materials on or available from such websites. You also acknowledge or agree that Samsung shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with t he use of or reliance on any content, advertising, services, products or other materials on or available from such websites. All such websites shall be subject to separate terms and conditions.
User Submissions
Any feedback, information, data, text, software, sound, music, photographs, video, graphics, messages, materials or content submitted, uploaded or posted by you or on behalf of you on the Website (the “Submitted Content”) will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who is claiming that any of your Submitted Content constitutes a violation of their intellectual property rights, or of their right to privacy. By posting, submitting, uploading or otherwise transmitting the Submitted Content in any way on or via the Website, you grant us a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up, royalty free, sub-licensable and transferrable license to change, copy, disclose, adapt, license, perform, display, post, publish, distribute, transmit or use such Submitted Content, and create derivative works thereof in any manner and in any form, media, technology now known or later developed and for any purpose (including without limitation commercial purposes), and incorporate the Submitted Consent, in whole or in part, into any work, service or technology anywhere in the world for any purpose, and to grant and authorize sublicenses of the foregoing licenses. Samsung reserves the right to use the Submitted Content for advertising purposes.

We have the right to remove any Submitted Content from the Website if, in our sole opinion, such Submitted Content is offensive, indecent or objectionable. We do not control the Submitted Content and do not warrant the nature, accuracy, integrity or quality of the Submitted Content. You warrant that any of your Submitted Content does not and will not infringe any third party intellectual property rights. You are solely responsible for all Submitted Content that you upload, post, email, transmit or otherwise make available in any portion of the Website. We assume no liability for such Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content posted, uploaded or transmitted by you or on behalf of you on the Website.

By posting the Submitted Content on the Website, you warrant and represent that:
(a) You are at least 13 years old;
(b) You own all rights in such Submitted Content or you have obtained all necessary rights in such Submitted Content to enable you to grant to us the rights in such Submitted Content set forth in the Terms;
(c) Such Submitted Content does and will not infringe any party’s intellectual property, publicity, privacy or other rights;
(d) You voluntarily agree to waive all “moral rights” that you may have in your Submitted Content;
(e) Such Submitted Content is not false or misleading;
(f) Such Submitted Content is not, and may not reasonably be considered to be, defamatory, libelous, hateful or otherwise offensive (racially, ethnically or religiously), threatening, invasive of another’s privacy, vulgar, obscene or unlawful;
(g) Such Submitted Content does not contain any information that is confidential or proprietary;
(h) Such Submitted Content is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts the Website or Services in any way;
(i) Such Submitted Content neither involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming,” nor solicits personally identifiable information from other visitors to the Website, nor involves any other form of solicitation;
(j) Such Submitted Content does not link to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link or which competes in any manner with the Website or Samsung; and
(k) Such Submitted Content does not violate any applicable local, state, national, or international law.
OBTAINED BY YOU THROUGH THE WEBSITE OR FROM SAMSUNG OR ANY COMPANY WITHIN THE SAMSUNG GROUP OR THE RESPECTIVE OFFICERS, ENPLOYEES, DIRECTORS OR AGENTS OF ANY SUCH ENTITIES (COLLECTIVELY, THE “SAMSUNG PARTIES”) SHALL CREATE ANY WARRANTY.

GENERAL DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE OR ANY MATERIALS OR SERVICES IS AT YOUR SOLE RISK AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY IS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY, CONDITION, TERM, REPRESENTATION OR UNDERTAKING OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMSUNG EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO THE WEBSITE, MATERIALS AND SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMSUNG DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, LEGALITY, OR COMPLETENESS OF ANY MATERIAL OR SERVICE MADE AVAILABLE THROUGH THE WEBSITE AND DOES NOT WARRANT THAT THE WEBSITE, MATERIALS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU THROUGH THE WEBSITE OR FROM SAMSUNG OR ANY COMPANY WITHIN THE SAMSUNG GROUP OR THE RESPECTIVE OFFICERS, ENPLOYEES, DIRECTORS OR AGENTS OF ANY SUCH ENTITIES (COLLECTIVELY, THE “SAMSUNG PARTIES”) SHALL CREATE ANY WARRANTY.

 

LIMITATION OF LIABILITIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SAMSUNG BE LIABLE, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, REVENUE, INTEREST, BUSINESS OR CORRUPTION OF DATA, ATTORNEY FEES, EXPENSES, OR ANY OTHER DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, ANY INFORMATION CONTAINED IN, OR AS A RESULT OF THE USE OF THE WEBSITE, ANY MATERIAL OR SERVICE ACCESSED BY YOU OR ANY THIRD PARTY ON THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE GENERAL DISCLAIMER AND LIMITATION OF LIABILITY SECTIONS MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify, defend and hold harmless the Samsung Parties from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) that the Samsung Parties may incur as a result of or arising from your (or anyone using your account) use of the Website, Materials or Services or violation of these Terms. Samsung reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Samsung in the defense of such matter.

 

Modification of the Terms

We reserve the right to modify, add or remove any portion of the Terms in whole or in part at any time by posting revised Terms on the Website. You agree to review the Terms periodically to be aware of such modifications and that your continued use of the Website following such change shall be deemed to be your acceptance of any modified Terms.

 

Applicable Law and Jurisdiction

The laws of the Republic of Korea shall govern the Terms and your use of the Website, Materials and Services, and you irrevocably consent to the jurisdiction of the courts located in Seoul, the Republic of Korea. If your use of the Website, Materials or Services is in violation of the laws of the place where you reside, we ask you not to use the Website or any portion of the Materials or Services. You are responsible for complying with the laws of your jurisdiction (including any export control laws).

 

General

The failure of Samsung to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Samsung in writing. The Terms (including any modifications, updates and supplements) constitute the entire agreement between you and Samsung and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between you and Samsung regarding the subject matter hereof. You agree that these Terms may be assigned by us to a third party in our sole discretion. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the remaining provisions shall remain in full force and effect.

 

About Samsung Group

Each company within the Samsung Group is an independent legal entity. The Samsung Group is not a legal entity. Instead, the Samsung Group is a term to conveniently refer to a group of companies that are tied together by their corporate history. Therefore, please do not mistake the companies by their use of the similar name of Samsung. In particular, no company within the Samsung Group can accept or receive service of process on behalf of another. No company within the Samsung Group is legally liable for another unless specifically agreed to in writing to assume such liabilities. The Website does not establish any nexus between any of the companies within the Samsung Group such that you can assume that they can be sued jointly or severally on behalf of another.

Dated January 13, 2011