Dreamground Application Terms of Use
These Terms of Use (“TOU”) apply to each user of the application linking these TOU (“Application”) provided by Samsung Electronics America, Inc. (collectively “Company,” “we,” “us,” or “our”).
The availability of the Application on a social networking site, website, or application store does not indicate any relationship or affiliation between us and those sites.
Your use of this Application is subject to these TOU and all applicable laws, rules and regulations. Please read these TOU carefully and contact us with any questions.
By accessing this Application, you agree that you have read, understand and agree to be legally bound by the TOU set forth below, including the arbitration provision which provides that all dispute will be resolved by a binding arbitration. If you do not agree to be bound by these TOU, do not access this Application. This Application is not intended for or directed to children under the age of 13. If you are under the age of 13, you may not use the Application. These TOU may be modified by us at any time. In agreeing to these TOU, you are responsible for periodically checking for changes and/or updates to these Terms of Use.
1. License. Company grants you a revocable limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Application for non-commercial purposes in the United States of America. In downloading and utilizing the Application, you are responsible for ensuring compliance with any applicable terms and conditions of the social networking site through which the Application is made available. As between Company and you, title, ownership rights, and intellectual property rights in and to the Application and any derivatives or modifications thereof, in whole or in part, remain with Company. You understand that Company may modify or discontinue the Application or any of its features at any time in its sole discretion. These TOU do not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Application except in Company's sole discretion. You do not acquire any right, title or interest in any content on the Application by virtue of accessing the Application or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Application is granted to you by these TOU or otherwise. The trademarks, logos, service marks and business names displayed on the Application are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Application and any unauthorized reproduction, retransmission or other use of any part of the Application may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.
2. Privacy. Any information you provide during use of the Application is governed by the Privacy Notice located at https://www.samsung.com/us/smartphones/dreamground/shop-dreamground/privacy-policy. You agree to the collection, use and sharing of your information as set forth in the Privacy Notice. You acknowledge that when you download, install, or use the Application, we may use certain technologies to collect information about your device and your use of the Application to perform data analytics, bug fixing, and without limitation product enhancement.
3. Limitations. In connection with your use of the Application, you will not, and will not allow any third party to:
a) Post or link to any material that contains:
• Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
• Obscene, defamatory, libelous, slanderous and/or unlawful content;
• Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
• Inflammatory religious content;
• Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
• Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
a) Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Application;
b) Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Application or any content contained therein;
c) interfere or attempt to interfere with the operation or use of the Application in any way through any means or device including, but not limited to, spamming, hacking, data mining, data scrapping or crawling, uploading computer viruses or time bombs, or any other means;
d) use any robot, spider, script, or any manual or automated program or other means to extract, download, index, create multiple accounts, frame, enclose, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Application;
e) Use the Application in any manner that could damage, disable, overburden, or impair the Application, Company, the applicable social networking site, or any other person or entity; or
f) Collect any information (including usernames and/or email addresses) about other users of the Application; create or transmit unwanted electronic communications to other users of the Application; or otherwise interfere with such users' enjoyment of the Application.
Unless otherwise expressly authorized in these TOU or on the Application, you may not take any action to interfere with the Application or any other user’s use of the Application. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Application without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Application.
You agree not to use the Application for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Application.
This Application is only available in the United States of America and cannot be used in other regions.
4. User Content. By posting or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such user-submitted content, collectively, "User Content") through or in connection with an Application (to the extent such a feature is made available in the Application), you grant to Company, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You represent and warrant that: (a)You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Application; (b) User Content is accurate and not misleading, and (c) use and posting of User Content supplied by you does not violate the TOU, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Application.
You are solely responsible for the User Content that you post, store or upload through or in connection with the Application, including any material or information that you transmit to other users or post on any social media network. Company does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Application; however, Company reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Application at any time and for any reason without notice. Without limiting the foregoing, Company may remove any User Content for any reason including content that in the sole judgment of Company violates the TOU, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
5. Your Use of the Application. Use of the Application may require your devices to have access or connection via mobile network or Internet (fees may apply). The Application may not run properly on older devices. Because use of the Application involves hardware, software, and Internet access, your ability to use the Application may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, is your responsibility and that your use of any third party services may be subject to the terms and conditions of use established by the respective third party service providers.
In order to use the Application and all its features, you will need to allow access to your camera, your geolocation.
Even though the Application is initially offered to you only with free-of-charge features, we reserve the right to add fee-charging features and functionalities in the future. We also reserve the right to display advertisements in connection with the Application.
6. Limitation on Liability; Disclaimers. THE APPLICATION, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE APPLICATION AT YOUR OWN RISK. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE APPLICATION. COMPANY DOES NOT WARRANT THAT THE APPLICATION OR APPLICATION CONTENT OR THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE APPLICATION. IN NO EVENT SHALL COMPANY, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE APPLICATION, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE APPLICATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE APPLICATION OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE APPLICATION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY CONNECTED WITH YOUR USE OF THE APPLICATION OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $50.00.
7. Indemnity. You agree that you will defend , indemnify and hold harmless Company, its parent, subsidiary and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Application of violation of these TOU, including without limitation (i) all matters related to your access to and use of any Company online services, including, without limitation, your use of the Application, (ii) your violation of any provision contained in the TOU; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Application caused damage to a third party, and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction.
8. Links to Other Sites. The Application may contain links to websites operated by or on behalf of Company, and your use of all such websites are subject to the applicable policies of those websites. The Application, including content therein, may contain links to third-party websites. These links are provided as a convenience to you. Company does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites. Company encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at is or her own risk.
9. Termination. Company reserves the right, at any time and in its sole discretion, to discontinue the use of the Application in whole or in part, and prevent any person or entity from access to the Application. Upon termination for any reason, Sections 6 (Disclaimers; Limitation on Liability), 7 (Indemnity) and 10 (General), together with any licenses granted to Company hereunder, will survive.
10. General. These TOU, and your relationship with us under these TOU, shall be governed by the laws of the State of New York without regard to its conflict or choice of law provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to these TOU shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in New York, NY. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees).
No Class Actions.
You agree to resolve any disputes related to these TOU as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Application at the terms designated, and that your assent is an indispensable consideration to these TOU.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Application or these TOU:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Severability.
If any provision in these TOU is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these TOU shall remain in effect.
No Assignment, Sublicense or Transfer.
You may not assign, sublicense, or transfer these TOU or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate these TOU.
Entire Agreement.
These TOU set forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of these TOU shall survive the expiration of these TOU including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under these TOU shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.
