TERMS OF SERVICE FOR SAMSUNG KIDS
Effective Date: November 6, 2015
Samsung Electronics America, Inc. together with its affiliates (“Samsung”, “we”, “us”, or “our”) is pleased to offer you Samsung Kids, an application for mobile and other devices that allows you to access apps, games, and other content provided by Samsung, its licensors, and/or its third party contractors, including but not limited to Fingerprint Digital, Inc. (“Service”). This Agreement (“Agreement”) is a binding contract between you and Samsung which governs the use of the Service. The Service is only for your own personal use. You may not use the Service for any commercial purpose or in any way not expressly permitted by this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG.
THE SERVICE IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THE SERVICE OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian and that you and your parent or guardian understand and consent to these terms and conditions. If you are a parent or guardian permitting a person under the age of 18 (“Minor”) to use the Service, you agree to: (i) supervise the Minor’s use of the Service; (ii) assume all risks associated with the Minor’s use of the Service, including the transmission of content to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of the Service; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of the Service.
Samsung may modify this Agreement from time to time. If we change this Agreement, we will update the Effective Date listed above. If you continue to access or use the Service after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.
1.1 Grant of License.
Subject to the terms and conditions of this Agreement, Samsung hereby grants to you, and you accept, a limited, personal, nonexclusive, nontransferable and revocable license to use the Service only as authorized in this Agreement. Your access to the Service is licensed, not sold. All references to the Service includes all related content, such as video, music, text, pictures, graphics, user interfaces, scripts and software used to implement and provide access to the Service, and any updates, upgrades, enhancements, modifications, revisions or additions to the Service made available to end users by Samsung. However, Samsung is under no obligation to provide any updates, upgrades, enhancements, modifications, revisions or additions to the Service.
2. INTELLECTUAL PROPERTY, LICENSES
You acknowledge that the Service is proprietary to Samsung and its licensors, and protected under applicable copyright, patent, trademark and trade secret laws. You further acknowledge and agree that, as between you and Samsung, Samsung owns and shall continue to own all right, title and interest in and to the Service, including associated intellectual property rights under the above referenced applicable laws. This Agreement does not grant you any ownership interest in or to the Service, but only a limited license to use that is revocable in accordance with the terms of this Agreement. Notwithstanding the foregoing, we do not claim ownership of any pictures or content that you may post or submit on the Service. 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 pictures and content on the Service, including all necessary releases. You do however grant us a perpetual, worldwide, unrestricted, non-exclusive, royalty-free, transferable license to use the pictures and content that you post or submit on the Service. Nothing in these Terms gives you a right to reproduce, copy, imitate, distribute, sell, broadcast, license, or otherwise use any of Samsung’s trademarks, logos, domain names, and other distinctive brand features in whole or in part.
2.2 Right To Modify, Suspend or Discontinue Service.
Samsung reserves the right to change the Service without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung and its licensors reserve the right to modify, suspend, remove or disable your access to the Service or content, or discontinue the Service, in whole or in part, at any time without notice for any reason, and in no event shall Samsung be liable for any claims, costs or damages caused by or arising out of such actions.
2.3 Right to Monitor.
We may, but have no obligation to monitor your use of the Service, your accounts, content, and communications that we determine in our sole discretion violates this Agreement. Samsung reserves the right to gather data on Service usage including license key numbers, and other information deemed relevant, to ensure that the Service is being used in accordance with this Agreement. Any unauthorized use shall be considered by Samsung to be a violation of this Agreement. Samsung reserves the right to remedy violations immediately upon discovery, by charging the then current list price of unauthorized keys or access to the Service to the credit card or wireless carrier account used to make the original, authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered to be violation of this Agreement and may result in immediate termination of your right to use the Service. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
2.4 Third Party Content.
The Service includes software or other content licensed or distributed by third parties, and/or other third parties who license content and/or other services to us. Our agreements with these third parties may require Samsung to black-out and restrict the availability of and your access to certain content or services for periods of time. You agree that any third party that provides Samsung with such materials is hereby deemed an intended third party beneficiary of this Agreement and shall have the right to enforce any and all obligations of users of the Service under this Agreement to the same extent as if the third party provider were a party to this Agreement and in every respect, at law or in equity.
3. USE; CONTENT; INFORMATION
When you access the Service, you may be asked to create an account and provide certain information including, without limitation, a valid email address. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any content placed by you on the Service. Use of the Service will require your devices to have access or connection via mobile network or Internet (fees may apply), and may require updates or upgrades from time to time. You agree that Samsung may automatically download and install updates onto your device from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the reliability and performance of such system requirements. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. You also acknowledge that the Service will not be available in all countries or on all devices, and may be subject to restrictions imposed by your network carrier or Internet provider. You are solely responsible for any charges incurred from your network provider related to the use of the Service.
3.2 Third Party Services.
Use of the Service may include or link to services provided by a third party service provider (“Third Party Services”). Your use of Third Party Services shall be solely between you and the third party, and subject to the applicable terms and conditions from such third party. Samsung hereby disclaims all responsibility and liability for your use of Third Party Services, including but not limited to the reliability or the performance of Third Party Services.
3.3 Objectionable Content.
You understand that by using the Service, you (or other users who access the Service under your account) may encounter content that may be offensive, indecent, explicit, adult-oriented, or objectionable. You agree to use the Service at your sole risk and that Samsung shall have no liability to you for content that may be offensive, indecent, explicit, adult-oriented, or objectionable.
3.4 Your Account.
3.5 Voice and Video Communications.
We may make voice and video communication available to you as part of the Service, subject to your network carrier’s restrictions as may be applicable. Such additional voice and/or video communication functionalities do not purport to be a replacement for your ordinary mobile or fixed-line telephone services. In particular, you acknowledge and agree that such voice and/or video communication functionalities do not allow you to make emergency calls to any emergency services.
3.6 Infringing Content.
It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or an agent thereof and believe that any posting or other content on the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement can be reached at:
Steve Merlis, Senior Counsel - Federal Affairs Samsung Telecommunications America, LLC 1200 New Hampshire Ave., N.W. Suite 500 Washington, DC, 20036 Telephone: 202-552-7595 Email: email@example.com
3.7 No Endorsement or Verification of Content.
We do not endorse, promote, support, verify, or monitor any content submitted to the Service, or any opinion, recommendation, action, or advice provided in such content. Content types (e.g., genres, sub-genres, categories and sub-categories) and descriptions, if provided, are provided for convenience purposes only, and you acknowledge and agree that Samsung does not guarantee their accuracy. We reserve the right to remove content without prior notice and for any reason in our sole discretion.
4. TERM; TERMINATION
4.1 Effective Date.
This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, accessing or otherwise using the Service. The Service has no predetermined termination date and may continue until such time as Samsung decides to terminate the Service or when this Agreement is terminated consistent with the terms herein.
4.2 Termination by Samsung.
If you fail, or Samsung reasonably suspects that you have failed to comply with any of the provisions of this Agreement, without limiting Samsung’s other rights and remedies, all of which are expressly reserved, at its sole discretion and without notice to you, Samsung may immediately discontinue your access to the Service and terminate this Agreement.
5. FEES; SUBSCRIPTIONS; AUTOMATIC RENEWALS
5.1 Subscription Charges.By providing a credit card or other payment method accepted by Samsung for your subscription, you expressly agree that Samsung (including its partners or affiliates) is authorized to charge you a monthly or yearly subscription fee (as applicable), any other fees for additional services you may purchase from Samsung, and any applicable taxes in connection with your use of your subscription with the payment method. Samsung will not issue refunds based upon inaccuracies represented by you and by purchasing a subscription, you warrant that you are the authorized purchaser and that the billing information you provide to us is accurate. The subscription fee will be billed at the beginning of your subscription or upon expiration of your free trial period, if any, whichever is earlier, and on each monthly or yearly renewal date (as the case may be), thereafter unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to this Agreement. You are responsible for the timely payment of all fees and costs and for providing Samsung with valid payment method or other account details for payment of all subscription fees and related costs. All charges will be billed to the payment method you provide during the registration process. If you want to designate a different payment method or if there is a change in your account status, you must accurately update your payment account information. Samsung reserves the right to change prices for the Service at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
5.2 Automatic Renewal.Subscriptions are automatically renewed at the end of each applicable subscription term. Such renewal will continue for a monthly subscription term, or a yearly subscription term, as applicable, or according to the term you select at the time of your order. You may cancel the auto renewal option at any time, which means your subscription will not renew at the end of the then current term. However, canceling an auto renewal option will not refund subscription payments, and previously charged subscription fees cannot be prorated based on the date of cancellation. If your subscription is cancelled and you decide to re-subscribe, you will be charged at the then current subscription rate.
5.3 Refunds.REFUNDS WILL NOT BE PROVIDED FOR ANY CANCELLED SUBSCRIPTION. SAMSUNG DOES NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED DURING THEIR THEN-CURRENT SUBSCRIPTION PERIOD. In such a circumstance or event, you may continue to have access to the Service purchased through your subscription until the end of the applicable billing cycle, subject to Samsung’s rights to suspend or discontinue the Service under this Agreement or otherwise. Samsung reserves the right to issue refunds or credits at our sole discretion. If we choose to issue a refund or credit, Samsung is under no obligation to issue the same or a similar refund in the future.
5.4 Free Trials.From time to time Samsung may offer free trials and other promotional trials. Any trial promotion must be used within the specified time of the trial and subject to the duration of the applicable offer you have signed up for. Free trials are limited to new subscribers to the Service and your status as a new subscriber shall be determined by Samsung at its sole discretion. At the time of singing up for a free trial, you must provide Samsung with a valid payment method in order to access and use the Service during the applicable free trail period. If you cancel a subscription during the corresponding free trial period, you will not be charged. After the free trial period, a subscription fee will be automatically charged based on the payment method you have used during the applicable sign-up process. Samsung reserves the right to prohibit the combination of free trials, promotions, and other offers. These terms as well as any other specific terms that may exist in connection with a particular free trial offer, shall apply to free trial subscription unless otherwise specified.
You will indemnify, release and hold harmless Samsung, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on Samsung’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) any use of the Service by you or by any person that you allow to use the Service that is not in accordance to the terms of this Agreement, (ii) any breach of this Agreement by you or by any person that you allow to use the Service or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Service.
7.1 Disclaimer of Warranties.THE SERVICE IS PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALIFY OF THE SERVICE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.
7.2 Disclaimer of Certain Damages.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMSUNG OR ITS LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE SERVICE, OR FOR ANY CONTENT, VIDEO OR COMMUNICATIONS ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SHOULD YOU CHOOSE TO COMMUNICATE OR MEET DIRECTLY WITH OTHER USERS OF THE SERVICE, WE ARE NOT RESPONSIBLE FOR THOSE COMMUNICATIONS OR ANY MEETINGS THAT MAY TAKE PLACE BETWEEN YOU AND OTHER USERS. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICE, TERMINATION OF YOUR USE OF THE SERVICE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.