This Samsung SDS Smart Home Homepage Use Agreement (hereinafter referred to as this “Agreement”) sets forth in detail any
provisions governing and regulating any legal relationship between Samsung SDS Co., Ltd. (hereinafter referred to as the
“Service Provider”) and a user who uses the Internet-related services provided by the Service Provider on(http://smarthome.samsungsds.com) being operated by the Service Provider (the services, the user and the site being hereinafter respectively referred to
as the “Services”, the “User” and the “Site”).
If the User carefully reads this Agreement and does not agreed to this Agreement, he shall not (i) agree to this Agreement, and (ii) sign up for, access, or use, the Services (such acts being hereinafter collectively referred to as “use”). Since the Service Provider does not keep any separate copy of this Agreement, it recommends the User to make and save a copy hereof if necessary. If the User is (a) an under-aged person under the Civil Code, or (b) required by any applicable laws of Korea to be prevented from using the Services, any of the Services may not be made available to the User.
[How shall the User agree to this Agreement?]
How can the Service Provider make any changes or modifications to this Agreement and how shall the Service Provideror the User terminate this Agreement?
1. Agreement to this Agreement
1.1. If the User intends to be permitted to use the Services, he shall agree to this Agreement. In general, the User may agree to this Agreement by clicking on the “Agree” button or using any other similar functions on the Site.
1.2. Once the User starts to use the Services, he shall be deemed to agree to this Agreement. In this case, concurrently with the User’s use of the Services, this Agreement shall apply to the User, and the User recognizes that the Service Provider treats the User as a user in accordance with this Agreement.
2. Changes or Modifications to this Agreement
2.1. If necessary, the Service Provider may change or modify any of the provisions herein. If any changes or modifications are made to this Agreement, the Service Provider shall give the User a notice by e-mail or any other proper means, specifying the details about such changes or modifications and the reasons therefor ten (10) days (or thirty (30) days if such changes or modifications are unfavorable or material to the User) before such changes or modifications are implemented. If the Service Provider cannot give the User such notice because the User does not enter his contact address on the Site or his address is changed or due to any other reasons, it shall post the changes or modifications on the Site, and then be deemed to give the notice to the User.
2.2. If the User does not express its intention to refuse to accept such changes or modifications until the effective date of the changes or modifications to this Agreement, or the User uses the Services after such changes or modifications, he shall be deemed to agree to the changes or modifications of this Agreement. If the User does not agree to the changes or modifications of this Agreement, any of the Services rendered on the Site may not, or may cease to, be made available to the User.
3. Termination and Consequences Thereof
3.1. This Agreement shall continue to remain effective until the User or the Service Provider terminates this Agreement.
3.2. The Service Provider may cease to allow the User to use the Services or cease to render the Services to the User at any time by giving the User a written notice to the e-mail address provided by the User to the Service Provider as a part of the User’s registered data or by any other proper means at least thirty (30) days before termination.
3.3. If any of the following events occurs, the Service Provider may forthwith terminate this Agreement at any time
A. the User is in material breach of this Agreement;
B. the User obviously shows that he has no intention of complying with this Agreement, personally, behaviorally, by making statements to the effect or in any other manner;
C. the Service Provider orthe entity which provides services to or with the Service Provider (hereinafter referred to as the “Service Provider’s Vendor” or “Service Provider’s Partner”) determines to cease to render the Services in whole or in part or the Service Provider’s Vendor or the Service Provider’s Partner determines to terminate any relationship with the Service Provider;
D. the Service Provider, the Service Provider’s Vendor or the Service Provider’s Partnerhas to cease to render the Services in whole or in part as requested by applicable laws (for example, if the Services in whole or in part become, or are deemed to be, illegal due to any changes to applicable laws or following the decision or ruling of a competent court).
3.4. The termination of this Agreement shall not affect the rights, obligations and liabilities accrued to the User and the Service Provider during the effective period of this Agreement.
3.5. If the User does not agree to any changes or modifications of this Agreement or this Agreement is not effective any longer since this Agreement is terminated by the User or the Service Provider, the User shall not use the Services.
[How can the User use the Services? How can the Service Provider use the User’s Contents? How can the User use the Service Provider’s Contents?]
4. Supply of Services and Restrictions on Use
4.1. The Service Provider shall render the Services to the User.
4.2. Unless otherwise specified herein, the User shall use the Services for his personal use and non-commercial use and purpose and shall not process, reproduce, copy, sell, transact, resell or use for any profit-making purpose, the Services in whole or in part.
4.3. While using the Services, the User shall always comply with this Agreement as well as applicable laws and regulations in effect in the jurisdiction covering his residence or the region where the Services are used.
4.4. The Service Provider may at any time do any of the following activities at its sole discretion with no prior warning or notice:
A. make changes or modifications to the Services, or temporarily stop rendering, and/or cease to render, the Services in whole or in part;
B. limit the number of contents transmissions from or to the User by means of the Services or the size of the storage space used to provide the Services in whole or in part to the User;
C. examine in advance, review, flag, filter, change, modify, reject, refuse, block access to, or remove,any or all of audio and sound files, data files, images, music, photographs, software, videos and prepared texts (hereinafter referred to as the "contents”) which are provided by means of the Services.
4.5. The Service Provider shall do its reasonable efforts to (a) render the Services to the User seamlessly without any unfair interruption, failure or delay, and (b) minimize the suspension, failure or delay of the Services.
4.6. The User shall not (i) use, or attempt to use, any services other than the Services rendered by the Service Provider through an interface, and (ii) use the Services by using any automated devices (including software and/or hardware), functions, services or any other methods (including scripts or web crawlers).
4.7. The User shall follow and comply with any guidelines provided by the Service Provider to the User in connection with the Services. In addition, the User shall not engage in any activities which may cause failure or suspension to the Services or all the servers, networks or any other equipment connected to the Services.
4.8. Certain Services may be made available to the User over a mobile networkor are particularly useful when they are used over the mobile network. The User shall be aware that a network provider may charge the User for the access to the network, the duration of access by his mobile phone/devicesto the network and the volume of the messages used for the use of the Services. In connection therewith, the User shall be solely responsible for asking the network provider whether the network provider will levy such charges on him before he uses the Services.
The User agrees that the Service Provider shall arrange or offer for sale advertisement, promotion materials or any other contents, materials and products for the purpose of promotion as part of the Services.
6. Contents for Services and Title to Contents
6.1. A creator shall be responsible for, and have the rights to,any contents provided by means of or as part of the use of the Services or accessible as a consequence of the use of the Services. Such contents may include any advertisement and promotion materials and documents and any other contents to be supported.
6.2. Any contents may be protected by third party’s title, ownership or intellectual property rights. The User shall not modify, change, lend, lease, rent, sell, distribute, or make derivatives from, any or all of the contents or grant any license to use the contents.
6.3. The User understands that he may be exposed to the risk of encountering unpleasant, improper or offensive contents while using the Services and shall solely bear any risk caused due to the use of the Services in connection with the exposure.
7. User’s Contents and License to User’s Contents
7.1. The User shall allow the Service Provider to use the User’ Contents for the purpose of providing the Services by uploading, transmitting, creating, posting and displaying or otherwise providing the User’s Contents in or through the Services. In addition, the User shall grant the Service Provider the non-exclusive, worldwide and royalty-free license to copy, reproduce, apply, modify, change, edit, distribute, translate, digitalize, publish, publicly implement and disclose the User’s Contents (hereinafter referred to as the “User’s Contents License”).
7.2. The User’s Contents License shall be granted to the Service Provider within the scope of the purpose of the Services.
7.3. The User’s Contents License shall include the Service Provider’s rights (a) to carry out any technical steps necessary to process and prepare the User’s Contents in order to provide the Services to the User and/or make the User’s Contents ready for use in the Services (including modification and changes and/or application necessary to transmit or distribute the User’s contents over public networks and media)and (b) to provide and sublicense the User’s Contents to a third party so that the third party can use the User’s Contents in order to provide each of the Services.
7.4. The Service Provider shall assert no title to the User’s Contents. The User shall have any copyrights and any other rights to the User’s Contents provided by the User in or through the Services.
7.5. The User shall be solely responsible for protecting and exercising the intellectual property rights inherent in, or related to, the User’s Contents. The Service Provider shall have no obligations to protect and exercise any intellectual property rights to the User’s Contents on behalf of the User.
7.6. The User shall back up the User’s Contents saved by the Service Provider on the Site on any other site in order to prevent any loss of the User’s Contentsand any other data (by copying the User’s Contents, backing up them by means of special online backup services or in any other manner).
8. Service Provider’s Services License
8.1. The Service Providerand/or the Service Provider’s Vendor and/or licensor shall be the owner of, and have, any rights to the Services (including intellectual property rights thereto) whether the rights are registered or not.
8.2. The Service Provider shall grant the User the non-exclusive, worldwide, royalty-free, non-assignable, non-transferable and personal license to use the Services (including any software, products or materials provided by the Service Provider to the User as part of the Services)(hereinafter referred to as the “Service Provider’s License"). The User may enjoy the benefits of the Services in accordance with this Agreement by using the Service Provider’s License.
8.3. Any rights to the Services shall vest in the Service Provider, except for the rights granted to the User in accordance with this Agreement.
8.4. The User shall not (i) copy, edit, modify, change, create any derivatives of, reverse engineer, decompile or otherwise extract the source code of any or all of the Services provided by the Service Provider without the prior written consent of the Service Provider, and (ii) authorize or allow any third party to do so.
9.1. The Service Provider shall grant the User the right to only use the Services including contents in accordance with the terms and conditions for use, established by the Service Provider.
9.2. The User shall not remove, hide, conceal, modify, change or otherwise alter any marks of ownership, symbols, trademarks, service marks, trade names, logos or any other similar marks of the Service Provider or a third party, which are related to, or attached to, or included in, the Services (including the notices of copyrights and trademarks).
9.3. The User shall not use the Service Provider’s or a third party’s symbols, trademarks, service marks, trade names, logos or any other marks in such a way that any other people may or are likely to, or are expected to, misunderstand or be confused about, the owner, licensor or right holder of such marks, names or logs (as the case may be).
[Details That User Should Know In Connection with Protection of Registered Dataand Personal Information]
10. Registered Data
10.1. If the User intends to use the Services in whole or in part, he shall provide his own information ("Registered Data") before being authorized to use the Services.
10.2. The User shall provide his correct up-to-date Registered Data and update the Registered Data from time to time in order to make the Registered Data reflecting his true and correct current situation.
11. Protection ofPersonal Informationand Personal Data
[User’s Obligations and Service Provider’s Obligations Hereunder]
12. User’s Warranty and Representation
12.1. The User shall be solely responsible for the User’s Contents provided by the User and any consequences arising out of the User’s Contents(including any loss or damage sustained by the Service Provider). In particular, the User warrants and represents to the Service Provider as follows:
A. The User is the owner of any rights to the User’s Contents or has the authority to grant the User’s Contents License to the Service Provider in any other manner;
B. The User’s Contents do not infringe upon any third party’s rights including intellectual property rights;
C. The User’s Contents do not include any incorrect, obscene, violent, lustful, threatening or slandering and any other illegal materials;
D. The User’s Contents do not include viruses, any other harmful software, codes or any other similar means and devices which may damage, harm, deactivate, otherwise affect or limit the functions and performance of the devices which access the Services and/or the User’s Contents, whether such devices belong to the Service Provider,any other users, or a third party who has servers, network nodes or any other similar equipment.
E. The User’s Contents shall comply with the age classification rules and requirements (including the correct and proper classification and evaluation of the User’s Contents if applicable) under the laws of any countries including the country where the User resides or uses the Services.
F. If the Service Provider uses the User’s Contents, it shall have no obligations to pay any amounts whatsoever (including license fee, charges or any other money) to a third party (in particular, the entity which levies use fee).
12.2. If the User breaches any of the representations in the above Paragraph 1, and thus any loss, damage, liabilities, costs or expenses are caused to the Service Provider, the User shall indemnify and hold harmless the Service Providerfrom and against the loss, damage, liabilities, costs or expenses.
13. Service Provider’s Warranty and Representation
13.1. Unless otherwise specified in this Agreement, the Service Provider, the Service Provider’s Vendor, the Service Provider’s Partner and/or licensor shall do their and/or its best efforts to provide the Services and exclude any explicit or implicit warranty or condition of any kind. In particular, (without limitation), the Service Provider, the Service Provider’s Vendor, the Service Provider’s Partnerand/or licensor shall not warrant or represent any of the following:
A. the Services will be fit for any purpose, meet the User’s requirements or be provided with no errors or defects or comply with any quality level if applicable;
B. the Services will always be provided to the User with no interruption, error or delay;
C. the Services do not, and will not, infringe upon any copyrights, or violate any applicable laws in effect, in any countries including the country where the User resides;
D. any written or oral information acquired by the User from the Service Provider or in connection with the use of the Services (including materials or products)is proper, correct, complete or reliable;
E. any defects of the Services will be rectified, corrected or otherwise remedied, including any defects of the performance, operation or functions of the services or software provided to the User as part of the Services.
13.2. Any documents or materials (including software and firmware updates) downloaded, installed or otherwise acquired in connection with, or during,the use of the Services,shall be provided "as is”by the Service Provider to the User, and any resultant risks shall be borne by the User. The Service Provider shall not be responsible for damage to the mobile phones or the software therein or to computer systems or any other devices or the software therein or loss of data, arising out of or caused as a result of the download and/or use of such documents and/or materials.
14. User’s Responsibility
If the User fails to breach any of the following, he shall be solely responsible for bearing any liability arising out of such breach:
A. this Agreement;
B. applicable laws and regulations in effect in the jurisdiction covering his residence or the region where the Services are used.
In addition, the User shall be solely liable for any loss or damage caused due to such breach (including any loss or damage which may be caused by or sustained by the Service Provideror a third party). The Service Provider shall not be liable to the User or a third party for such breach.
15. Service Provider’s Responsibility
15.1. Notwithstanding Article 15.3, the Service Provider shall not be liable to the User for any of the following damages, loss or damage whether recovery is based on laws, breach of contract ortheory of liability even though the Service Provider has already been informed of such damages, loss or damage:
A. any indirect, incidental, special or consequential damages;
B. direct or indirect loss of any profits, business, actual or expected profits, opportunity, goodwill or reputation;
C. any direct or indirect damage and/or destruction or loss to any data;
D. any loss or damage arising out of any of the following:
I. this Agreement or any other use agreements between the Service Provider and the Userare breached by the negligence of the Service Provider, the Service Provider’s Vendor, the Service Provider’s Partner and/or licensor;
II. the User relies on the appropriateness, accuracy, completeness, reliability or existence of(a) the Services (including any software, information, documents and materials provided to the User as part of, or during, the use of the Services) or (b) the results of the relationships or transactions between the advertiser or sponsor of the advertisement (includingpromotion materials) provided (while the User uses the Services or as part of the use of the Services) and the Useror such advertisement;
III. the Services are changed, modified, extended or limited (including the suspension of use of the Services as well as the cessation of the User’s access to the Registered Data) or the supply of the Services (in whole or in part) is permanently or temporarily suspended.
IV. another person uses the User’s data (whether he knows such fact or not).
15.2. If the Service Provider breaches this Agreement, its liability hereunder shall be limited to the damages generally expected by it at the time of signing of this Agreement based on any situations known at that time.
15.3. Nothing in this Agreement shall exclude or limit the Service Provider’s liabilities in any of the following cases:
A. in case of death, bodily injury, fraud or liability under the Product Liability Act;
B. if the Service Provider provides any guarantee covering, or is liable for, damage or loss which cannot be legally excluded or limited in accordance with applicable laws.
If the laws of the jurisdiction of the Userdo not permit exclusion of certain warranty or use agreements, or limitation or exclusion of the liability for loss or damage arising out of or in connection with any negligence, breach of contract or implicit conditions or incidental or consequential damages, the liability and warranty of the User and the Service Provider, applicable in the jurisdiction, shall be limited to the maximum extent permitted by applicable laws.
16. Force Majeure Events
16.1. If the Service Provider fails to perform, or delays in performing, its obligations hereunder due to the events beyond its reasonable control, including but not limited to (a) non-availability of public or dedicated telecommunication networks, (b) government’s laws, order, decree, regulations or limitation or (c) strike, lockout or any other labor disputes, rebellion, riots, invasion, terrorism attack or threat thereof, war (whether declared or not) or any natural disasters (hereinafter referred to as the “Force Majeure Events”), it shall not be liable for such failure or delay.
16.2. The performance of the Service Provider’s obligations hereunder shall be deemed to be suspended temporarily while the force majeure events continue to exist and the period for such performance shall be extended by the duration of the force majeure events.
16.3. Notwithstanding the force majeure events, the Service Providershall do its reasonable efforts to find any solutions to make the force majeure evens end and perform its obligations hereunder.
17. Link to Third Party’s Site and Any Other Contents
The Services may include any hyperlinks to any third party’s contents resources and services including any other websites (hereinafter referred to as the “external resources"). The Service Provider shall not (i) be liable to the User for any contents (including advertisement, products and any other materials) provided to, made available to, or displayed to, the User from the external resources and (ii) have the power to control them. The Service Provider shall not be liable for any damage or loss caused by the User due to the contents provided to, made available to or displayed to, the User from or as a result of the use of, the external resources (including the User’s reliance on the availability, accuracy, applicability or completeness of contents).
[Any Other Information]
18. Claims for Infringement Upon Intellectual Property Rights and Any Other Rights and Notice Procedure
18.1. If the Service Provider receives any notice specifying alleged infringement upon copyrights or alleged violation of applicable laws in accordance with applicable laws, it may temporarily or permanently block the access of the User who repeatedly infringes upon the Copyright Act or violates applicable laws.
18.2. Any notices specifying that the Services and any contents provided together with the Services or displayed in the Services or the User’s Contents infringe upon any copyrights or applicable laws shall be sent to http://help.content.samsung.com.
19.1. The Services may include the Service Provider’s confidential information including but not limited to any information which is designated as confidential, or recognized as trade secrets or business information or as proprietary due to any other reasons and any information provided to the User, which is marked as confidential
19.2. Unless otherwise specified herein, the User(a) shall keep the confidential information secret indefinitely and shall not disclose it without the prior written consent of the Service Provider, and (b) shall not record or otherwise use it for any purpose other than that permitted herein.
19.3. If the confidential information of the Service Provider is required to be disclosed in accordance with applicable laws, Article 19.1 shall not apply. In this case, the User shall forthwith notify the Service Provider of such disclosure to the extent permitted by applicable laws.
20. Indemnification and Resolution of Disputes
If any damage is caused in connection with the contents business or use while the Services are provided, either party may apply to Content Dispute Resolution Committee for mediation of disputes in accordance with Article 30 of the Contents Industry Promotion Act in order to seek any remedy against damage and mediation of disputes.
21. Miscellaneous Provisions
21.1. The legal relationship between the Service Provider and the User shall be subject to only this Agreement.Any statement, declaration or agreement made or entered into by the Service Provider directly or indirectly, in writing or orally, through advertisements or in any other methodshall not be binding upon the Service Provider unless the Service Provider does not provide the User with the document explicitly confirming it.
21.2. The Service Provider may give the notice to the User by e-mail, regular mail or on or through the Services (including any notices about the changes to this Agreement or termination of all or any of the Services).
21.3. If the Service Provider fails to exercise or enforce its legal rights or remedies available to itself by laws or in accordance with this Agreement, such failure shall not constitute the Service Provider’s formal waiver of its rights or remedies, and the Service Provider may continue to use such rights or remedies.
21.4. If any provision of this Agreement is held by a competent court to be illegal, invalid or unenforceable (in whole or in part), the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
21.5. The User shall not assign, transfer, hypothecate to a third party,or otherwise dispose of, his rights and obligations under this Agreement or any other agreements separately concluded between the Service Provider and the User without the prior written consent of the Service Provider.
21.6. The relationship between the User and the Service Provider under this Agreement shall be governed by the laws of Korea without giving effect to the principles thereof relating to conflicts of law.Either party may initiate a legal suit involving the Services before the competent court having the exclusive jurisdiction over the User’s address at the time of dispute.If there is no address of the User, the legal suit shall be brought before the competent court having the exclusive jurisdiction over the User’s place of residence; provided, however, that if the User’s address or place of residence is not clear at the time of disputes, the Seoul Central District Court has the exclusive jurisdiction.