Your use of the Samsung D Forum website at www.samsungdforum.com ("Website") and
any other applications, software, services, websites, content and any other related
services provided by us or any third party designated by us through the Website
(referred to collectively as "Services" in this document and excluding any services
provided to you by us, Samsung, under a separate written agreement) is governed
by these Samsung D Forum Terms and Conditions (these “SDF Terms”). In addition,
unless otherwise agreed in writing with Samsung, your use of the Website is also
subject to the Samsung Account Terms and Conditions (the “Samsung Account Terms
and Conditions”). These SDF Terms together with the Samsung Account Terms and Conditions
and any other applicable legal notices and terms related to the Services govern
our relationship with you in relation to the Website and the products and Services
provided through it. In the event of a conflict between these SDF Terms and the
Samsung Account Terms and Conditions, these SDF Terms shall take precedence over
the Samsung Account Terms and Conditions. We will treat personal data provided by
you to us in accordance with our Privacy Policy, which can be viewed at www.account.samsung.com/membership/pp.
You warrant that you are entitled to provide such personal data to us. In addition,
you agree and acknowledge that any message or information you transmit via this
Website are never completely private or secure and may be read or intercepted by
others.
Before you are permitted to use the Website, you are required to accept the Samsung
Account Terms and Conditions along with these SDF Terms by clicking or tabbing the
“accept” button via the user interface. In addition, your use of or access to this
Website indicates your acceptance of these SDF Terms (as updated from time to time).
You may not use this Website and may not accept these SDF Terms if you are not permitted
to use this Website under applicable laws, including but not limited to the laws
of the country in which you reside.
We may amend or alter these SDF Terms from time to time. We will notify you with
at least 15 days prior notice ("Notification Period") of any material changes to
these SDF Terms and will provide you with a copy of the revised SDF Terms either
by the use of your email address provided to Samsung or by any other suitable means
which ensure that you will be able to take notice of the revised SDF Terms. After
the Notification Period has passed you will be prompted to accept the revised SDF
Terms, typically by clicking or tabbing the "accept" button if such button or function
is available or present via the user interface for the Services. You may not continue
to use the Services unless you accept the revised SDF Terms. You also accept the
revised SDF Terms when you continue to use the Services after the Notification Period
has passed. In this case you are bound by and Samsung will treat you as bound by
the revised SDF Terms from the date on which the revised SDF Terms entered into
effect.
If you do not accept these SDF Terms or are not permitted to use this Website, do
not continue to use this Website.
- Information about us
-
"We" 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 any
of its Affiliates. For the purpose of these SDF Terms, an Affiliate of Samsung is
any company, corporation, firm, partnership or other entity that controls Samsung,
is controlled by or under common control with Samsung; the term "control" means
the ability to direct the management of the relevant entity. You may contact us
at sdfadmin@samsung.com.
- Your access to this Website
-
You may use the Website and Services only for purposes that are permitted by these
SDF Terms and any applicable law or regulation. We may modify, withdraw or deny
your access to the Website or any portion of the Services at any time for any reason,
including introducing charges for its use or other restrictions on access.
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The Website and all the materials contained in it are protected by intellectual
property rights (including copyright, trademarks, trade dress, patents, design rights,
database rights and rights in confidential information) that either belong to us
or are licensed to us by our third party licensors to use. Materials include, but
are not limited to, the design, layout, logos, brands, look, appearance, sounds
and graphics of the Website, and content, such as software, documents and other
materials, that are made available on the Website. Nothing in these SDF Terms grants
you any license to use any Samsung domain names, trademarks, service marks, logos,
brand and other distinctive features found on this Website.
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Except as expressly provided in these SDF Terms, you may not copy, reproduce, republish,
upload, post, publicly display, modify, exchange, sell, transmit, distribute or
otherwise make available any portion of this Website or materials contained in it
in any manner to anyone else for a commercial purpose without our written consent
unless expressly permitted by a separate end user license that allows such activity.
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You agree that you will not hack into the Website, its related certification and
storage websites, servers and network systems or the computer systems of other users
of the Website. “Hacking” means the unauthorized access or circumvention of security
measures of a website, device, network or server, (including using another member's
username and password), to interrupt, disrupt, damage, interfere or otherwise access
in an unauthorized manner the operation and enjoyment of such device, computer system,
network, server, or website.
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You may access, display, print or download, and use materials from the Website strictly
for your own personal non-commercial use provided that:
- You will only use the Remote Test System for the purpose of testing your software
applications;
- You have not and will not introduce any viruses, worms, software bombs, malicious
code or similar items into any Samsung device while using the Website and Services
including the Remote Test System;
- Your applications do not impair or otherwise adversely affect the operation of the
Website, the Services or Samsung device on which your applications are installed
for, nor any system or network with which such smartphone, computer or device may
connect to, nor do they prevent or hinder access to any program or data, nor do
they impair the operation of any program or the reliability of any data;
- No materials are modified in any way.
- No graphics are used separately from accompanying text.
- Our copyright and trademark notices appear in all copies and you acknowledge this
Website as the source of the material.
- The person to whom you provide these materials is made aware of these restrictions.
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In addition, except as expressly set forth in these SDF Terms, you may not; (1)
decompile, reverse engineer, dissemble, modify, rent, lease, loan, distribute, or
create derivative works or improvements from the Services, contents or any portion
thereof in whole or in part; (2) interfere with or disrupt the operation of this
Website or any portion of the Services, any other Samsung computer networks, websites,
or services connected with or accessed by this Website or Services; (3) use this
Website or any portion of materials or Services made available on this Website for
any purpose that is unlawful or prohibited by these SDF Terms, or to solicit the
performance of any illegal activity; or (4) permit or authorize a third party to
do any of the foregoing activities.
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You agree that you will only use the Website in a responsible manner and in accordance
with all applicable laws, including in a manner that does not restrict others from
enjoying the Website.
- Registration for Services
-
In order to access the Website, 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, and/or pay a non-refundable registration fee in order
to begin using the Services.
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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 ("Website Account"). By setting
up such Website Account, you represent and warrant that: (a) all information you
submit is true, accurate, current and complete information about yourself; (b) you
will maintain and promptly update such information; (c) you are thirteen (13) years
of age or older; and (d) your use of any portion of this Website, Services and materials
made available on or through this Website does not violate any applicable law, rule
or regulation.
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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 Website
Account and we are not responsible for problems with your Website 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 Website
Account, you agree to notify us immediately at sdfadmin@samsung.com.
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You may not use anyone else’s ID, password or account at any time without the express
consent of the holder of such ID, password or account. Samsung shall not be liable
for any loss or damage arising from your violation of these obligations.
- Samsung Goods and Services
-
We may display the availability of Samsung or other goods and services on this Website.
Some of these goods or services may only be available in certain jurisdictions and
therefore we reserve the right to choose where such goods or services are supplied.
By advertising the availability of any goods or services, we do not warrant that
such goods or services will be available and you must check with your local Samsung
contact for further information. Where we supply goods or services either through
this Website or through other means, additional terms and conditions may apply in
addition to any applicable terms and conditions within these SDF Terms.
- Contests and Sweepstakes
-
The Website may contain contests or sweepstakes that offer prizes or require registration.
These may have a separate registration or entry process and may require your submission
of personal data such as your first and last name, street address, city, state and
zip code, e-mail address, telephone number and date of birth. Each contest or sweepstake
will have its own terms and conditions which you must .read and agree to before
participating in such contest or sweepstake. You may also have the opportunity to
opt-in to special offers from our advertisers in connection with many of these types
of promotions.
- App Development Guides
-
The Website provides various educational materials and development tools to support
application development on Samsung Smart TVs including, among other materials, news
related to this Website, tutorials about Samsung Smart TVs and the Samsung Smart
TV Software Development Kit (the "SDK"). The SDK contains tools and features that
help you to efficiently create compelling functionality in your Application. The
SDK includes the Samsung Smart TV open APIs that run on supported Samsung device,
simulators, sample applications, example codes, release notes and developer documentation.
If you download the SDK from this Website, any such download is subject to the terms
of our SDK license agreement in addition to these SDF Terms.
- Software Downloads
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When we make software available for you to download through the Website, any such
download is subject to the terms of our end user license agreement in addition to
these SDF Terms. 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.
- Uploading Material to the Website
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Any information, data, text, software, music, sound, photos, graphics, videos, messages
or other material submitted, uploaded or posted by you ("Submitted Content") to
the Website 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 via this Website, you grant us a perpetual,
irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up, royalty free,
sub-licensable license to use, reproduce, modify, adapt, communicate to the public,
make available, publish, translate, copy, create, derivative works of, distribute,
and display such content or any concept described in it throughout the world in
any media, product and/or service, including but nor limited to advertising, marketing
and promotional materials, and digital reproductions, without compensation, restrictions
on use, acknowledgment of source, accountability, or liability, and with waiver
of all moral rights and rights of attribution, integrity, and identity. We have
the right to remove any Submitted Content on our Website if, in our sole opinion,
such Submitted Content violates these Terms or which may be offensive, illegal,
indecent or objectionable. We do not control the content and do not warrant the
nature, accuracy, integrity or quality of the Submitted Contents. 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 on the Website. If your Submitted
Content contains a link to content of a third party and if consent is required by
applicable legislation or terms of use to create such link, you shall be responsible
for acquiring the consent prior to making the Submitted Content available. 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 via the Website. Samsung assumes no responsibility for monitoring the Website
and/or the Services for inappropriate Submitted Content or conduct. If at any time
Samsung chooses, at its sole discretion, to monitor the Website and/or the Services,
Samsung nonetheless assumes no responsibility for the Submitted Content, no obligation
to modify or remove any inappropriate Submitted Content, and no responsibility for
the conduct of users.
- Warranty Disclaimer, Limitation of Liability, and Indemnification
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THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT
ANY WARRANTIES, REPRESENTATIONS OR UNDERTAKINGS OF ANY KIND, EXPRESSED OR IMPLIED,
WITH REGARD TO BUT NOT LIMITED TO THEIR QUALITY, RELIABILITY, PERFORMANCE, PURPOSE,
ACCURACY, COMPATIBILITY, CONTINUED AVAILABILITY, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WE MAY MAKE AVAILABLE SOFTWARE
AND TECHNOLOGY WHICH IS “BETA”(MEANING THAT IT HAS NOT BEEN FULLY TESTED OR TESTED
AT ALL) AND YOU SHOULD MAKE SURE YOU USE SUCH TECHNOLOGY IN A TEST ENVIRONMENT IN
CASE IT CAUSES DAMAGE). WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR
USE OF THIS WEBSITE, ANY THIRD PARTY WEBSITE LINKED VIA THIS WEBSITE AND/OR ANY
SERVICES.
-
We reserve the right to modify, suspend, interrupt or terminate operation of or
access any portion of this Website or Services, for whatever reason.
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TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SAMSUNG
BE LIABLE WITH RESPECT TO THE WEBSITE OR SERVICE FOR SPECIAL, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING LOSS OF
PROFITS, DATA, BUSINESS OR GOODWILL, ON ANY THEORY OF LIABILITY, WHETHER ARISING
UNDER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WHETHER OR NOT SAMSUNG
HAS BEEN ADVISED OR IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
THE FOREGOING, IF SAMSUNG IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS, IN
ANY WAY CONNECTED TO YOUR USE OF THE WEBSITE OR SERVICES, SAMSUNG ENTIRE LIABILITY
FOR DIRECT DAMAGES SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).
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SAMSUNG DOES NOT WARRANT (1) THAT THE WEBSITE OR SERVICES WILL BE FREE OF VIRUSES,
CONTAMINATION OR OTHER MALICIOUS FEATURES; (2) THAT ANY APPLICATION SUBMITTED WILL
NOT BE EXPOSED TO SUCH VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES; OR (3) THAT
SUCH APPLICATION WILL NOT BE EXPOSED TO ANY HACKING ACTIVITY FROM THIRD PARTIES.
SAMSUNG DISCLAIMS ALL LIABILITY RELATED TO SUCH VIRUSES, CONTAMINATION OR OTHER
MALICIOUS FEATURES AND HACKING. FURTHER SAMSUNG DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SAMSUNG DISCLAIMS ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR
USE OF THE WEBSITE, SERVICE OR IN CONNECTION WITH ANY APPLICATION. YOU ASSUME TOTAL
RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE WEBSITE AND SERVICE.
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By using the Website and the Services, you agree to indemnify Samsung, its affiliates,
Samsung’s third party licensors, service providers and their respective officers,
employees, directors, advisors, against any costs, damage, claims, liabilities and
expenses incurred as a result of (I) your breach of these Terms, the Privacy Policy
or any other applicable term; (II) your infringement or violation of any intellectual
property, other rights or privacy of a third party; and (III) misuse of the Services
or Website by a third party where such misuse was made available by your failure
to take reasonable measures to protect your Website Account information against
misuse.
- Governing Law and Jurisdiction
-
These SDF Terms and your relationship with Samsung under these SDF Terms shall be
governed and construed in accordance with the laws of the jurisdiction where you
are a resident, without regard to its conflict of law provisions and subject to
the non-exclusive jurisdiction of the courts of such jurisdiction, to resolve any
legal matter arising in relation to these SDF Terms. Notwithstanding the foregoing,
Samsung may apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction.