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Submitted URL: https://app.business.samsungusa.com/e/er?cid=emlcrm-btb-btb-mob-us-other-na-07252024-2939-na-na-na_MASS_MOBILE_EC_GEN_PHONE_PL_ZSeri...
Effective URL: https://www.samsung.com/us/common/legal/
Submission Tags: urlscan
Submission: On July 26 via api from US — Scanned from DE
Effective URL: https://www.samsung.com/us/common/legal/
Submission Tags: urlscan
Submission: On July 26 via api from US — Scanned from DE
Form analysis 7 forms found in the DOM
Name: signInForm — GET https://account.samsung.com/accounts/v1/samsung_com_us/signInGate
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</form>Text Content
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CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR
DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS).
YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO
THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT US THE USER CONTENT LICENSE;
(II) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER
THIRD- PARTY RIGHTS; (III) THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE
CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE
CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER
APPLICABLE LAW.
SOCIAL MEDIA
We welcome you to share User Content and information about our products and
services through social media. When you use social media to share Site content,
you grant us the right to reproduce and publish your social media posting and to
use the username / social media handle that you used when sharing the content.
You are responsible for complying with the terms and conditions of social media
platforms.
DIGITAL MILLENNIUM COPYRIGHT ACT
A. DMCA Notice
If you are a copyright owner or an agent thereof and believe that any content on
our Sites infringes upon your copyrights, you may submit a notification
(“Notification”) pursuant to the Digital Millennium Copyright Act (“DMCA”) by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
• 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, or, if
multiple copyrighted works at a single online site are covered by a single
Notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled and information reasonably sufficient to permit the service
provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic
mail;
• 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.
You can send your notice to SamsungDMCA@sea.samsung.com.
A copy of your DMCA Notification will be sent to the person who uploaded the
material addressed in the Notification.
Please be advised that under Section 512(f) of the Digital Millennium Copyright
Act you may be held liable for damages and attorneys’ fees if you make material
misrepresentations in a DMCA Notification.
B. DMCA Counter-Notice
If you, the user, receive a DMCA Notification because your content is claimed to
infringe a copyright, but you believe in good faith that your content is not
infringing or that you have authorization to use the material, you may respond
to the DMCA Notification by sending a counter notification (“Counter
Notification”) to our DMCA Agent (whose contact information is provided above)
that includes:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has
been disabled, and the location at which the material appeared before it was
removed or access to it was disabled (such as a URL for the webpage for where
the material is posted);
• A statement from you under the penalty of perjury, that you have a good faith
belief that the material was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled; and your name,
physical address and telephone number, and a statement that you consent to the
jurisdiction of a United States District Court for the judicial district in
which your physical address is located, or if your physical address is outside
of the United States, for any judicial district in which Samsung may be found,
and that you will accept service of process from the person who provided
notification of allegedly infringing material or an agent of such person.
If you submit a DMCA Counter Notification, a copy of the counter notification,
including your name and contact information, will be sent to the copyright owner
or person who provided the DMCA notification. Please note that sending a DMCA
Counter Notification may not result in your content being restored to our
services if the copyright owner chooses to file suit against you within ten (10)
business days of receiving the counter notification.
THIRD-PARTY SERVICES
We work with a global network of partners and service providers to provide you
with useful content and functionality in connection with our Sites. This may
include information, links, advertisements, chat services, or other content or
functionality provided by third parties (“Third-Party Services”). We are not
responsible for, and have no control over, any Third-Party Services, and we
aren’t liable for any damages or losses that are caused by any Third-Party
Services.
WEBSITE AND CONTENT SUBJECT TO CHANGE
While we try to make our Sites error-free, we do not guarantee that the content
provided through the Sites is complete, current, or error-free (including
content related to product availability, specifications, features, or prices).
If we discover errors, we will make reasonable efforts to correct them. In some
cases, product measurements and descriptions are approximate and provided only
for ease of explanation or convenience.
PRODUCT AVAILABILITY AND PRICING
We use reasonable efforts to fulfill orders, but cannot guarantee availability
of any particular product or service, and sometimes an item shown on the Sites
may not be available. In that case, we may cancel your order or contact you for
follow-up. We reserve the right to discontinue the sale of any product or
service at any time without notice. We may decline or place quantity limits on
your order at any time.
In the event of a pricing or other error, we reserve the right to revoke offers,
cancel orders and correct errors or omissions, including after an order has been
placed.
PURCHASES
All sales on Samsung.com are subject to the Samsung.com Terms of Sale, found
here: https://www.samsung.com/us/terms-of-sale/. If you wish to purchase
products or services described on the Sites, you will be asked to supply certain
information applicable to your purchase, including credit card and shipping
information. You may be able to store your information with your account, which
allows you to make future purchases without re-entering information. You agree
to pay all charges incurred by you and your credit card (or other applicable
payment mechanism) at the price(s) in effect when such charges are incurred. We
are required by law to collect all applicable sales taxes for all states and
municipalities. You authorize us to charge the applicable sales taxes to your
credit card at the time of completion of order shipment. If more than one
payment method is used for a particular line item, any applicable refund for
such line item will be applied on a pro rata basis to the different payment
methods.
We may preauthorize or charge your order amount with your credit or debit card
issuer at the time you place the order, which may have an effect on your
available credit line.
All information provided by you must be accurate, complete and correct. By
confirming your purchase at the end of the checkout process, you agree to accept
and pay for the items, products or services that you have requested. Receiving
an order acknowledgement via email or confirmation page does not guarantee the
acceptance of an order.
EXPORT CONTROL
You are responsible for complying with United States and foreign export controls
and for any violation of such controls, including any United States embargoes or
other rules and regulations restricting exports. You represent that you are not:
(1) located in, or a resident or a national of, any country subject to a
government embargo or other restriction, or that has been designated by any
government as a “terrorist supporting” country; or (2) on any government list of
restricted end users.
WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES ARE PROVIDED “AS
IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US,
EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY,
SATISFACTORY QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE,
RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT
ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR
DISCLAIMER OF WARRANTY REGARDING OUR SITES, OR TO CREATE ANY WARRANTY OF ANY
SORT FROM US.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT OUR SITES OR THE
CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE MANNER; (ii) WILL BE 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 QUALITY OF THE SITES WILL BE SATISFACTORY TO
YOU, OR THAT ERRORS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES, ADVERTISEMENTS,
CONTENT, OR ANY OTHER PRODUCT, SITES OR SERVICES ADVERTISED OR OFFERED BY A
THIRD PARTY ON OR THROUGH OUR SITES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF
PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY OR DATA, WHETHER INCURRED
DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES. THE LIMITATIONS OF THIS
SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY,
CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT
WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND
EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE
WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. SOME JURISDICTIONS DO
NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE
AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SITES
AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
INDEMNITY
You agree to indemnify, defend, and hold harmless us, our licensors, our agents,
and all officers, directors, and employees from any and all third-party claims,
actions, losses, damages, liabilities, judgements, grants, costs, and expenses
(including reasonable attorneys’ fees) arising from: (i) your use of our Sites
or use by any person that you allow to use our Sites that is not in accordance
with these Terms, (ii) any breach of these Terms by you or by any person that
you allow to use our Sites, or (iii) any violation of any laws or regulations or
the rights of any third party by you or by any person that you allow to use our
Sites.
DISPUTE RESOLUTION AGREEMENT
These Terms & Conditions include a binding Dispute Resolution Agreement, which
includes an arbitration provision. The Dispute Resolution Agreement can be found
at https://www.samsung.com/us/support/legal/mobile/ and is incorporated herein.
Please review the Dispute Resolution Agreement carefully. It affects your
rights. There is a limited 30 day right to opt out of the arbitration provision.
If a dispute cannot be resolved through the mandatory informal dispute
resolution process (which includes a telephone settlement conference, if
requested), Samsung and its customers agree to address the dispute through
binding individual arbitration (unless customers have timely opted out of the
provision) or in small claims court where the customers reside. Class and
representative proceedings are not allowed. In arbitration, a neutral decision
maker (called an arbitrator) will hear both sides of a dispute and issue a
binding decision. There is no judge or jury in arbitration and the arbitrator
applies the same law and can award the same individual remedies as a court. The
procedures are streamlined in arbitration, including less discovery and
appellate review, to help ensure dispute resolution is less burdensome and more
cost-effective for everyone.
GEOGRAPHIC SCOPE
The Sites are intended for use within the United States of America. Claims about
our products or services are limited to the United States, unless otherwise
disclosed. The Sites are intended to promote solely products that are sold in
the United States. We do not represent or warrant that the Sites are appropriate
or available for use outside the United States.
GOVERNING LAW
The formation, existence, construction, performance, validity and all aspects
whatsoever of these Terms will be governed by the law of the State of New York,
without reference to its choice of laws principles. These Terms will not be
governed by the UN Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded. Notwithstanding the foregoing,
we may apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any court of competent jurisdiction.
ENTIRE AGREEMENT & SEVERABILITY
These Terms, our Privacy Policy, any additional terms that accompany our Sites,
any amendments and any additional agreements you may enter into with us shall
constitute the entire agreement between you and us with respect to our Sites,
and supersede all prior or contemporaneous oral or written communications,
proposal, and representations with respect to our Sites or any subject matter
covered by these Terms. If any provision of these Terms is deemed to be invalid,
illegal or unenforceable (in whole or in part), then that provision will be
limited or eliminated to the minimum extent necessary, and the remaining
provisions of these Terms will remain in full force and effect. You may be
subject to additional terms and conditions that govern your use of third-party
services, content, or software.
NO WAIVER
If we do not exercise or enforce any legal right or remedy which is set out in
these Terms or which we have the benefit of under any Applicable Law, this will
not be construed as a formal waiver of our rights or remedies and such rights or
remedies will remain available to us.
RESERVATION OF RIGHTS & FEEDBACK
Nothing in these Terms gives you a right to use the Samsung name or any of the
Samsung trademarks, logos, domain names, and other distinctive brand features.
All rights, title, and interest in and to our Sites (excluding content provided
by third parties) are and will remain the exclusive property of Samsung and its
licensors. If you choose to make available any comments, ideas, feedback, or
suggestions, we will be free to use such comments, ideas, feedback or suggestion
as we see fit and without any obligation to you.
SURVIVAL
Any provisions within these Terms that by their nature should continue to be in
effect, shall survive the expiration or termination of these Terms, and remain
valid and binding.
ADDITIONAL TERMS MAY APPLY
Depending on which of our products or services you use, additional terms may
apply (“Additional Terms”). Additional Terms may also apply for promotions,
sweepstakes, contest, giveaways, or similar programs. If these Terms are
inconsistent with any Additional Terms, the Additional Terms will control.
CHANGES TO THESE TERMS
From time to time, we may change these Terms in our sole discretion. We reserve
the right to make these changes without notice, though we will update the “Last
Updated” line at the beginning of these Terms after each revision. You are
responsible for regularly reviewing these Terms, and your continued use of the
Sites following any changes indicates your acceptance of those changes.
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