Terms of Use
These Terms of Use (“Terms”) apply to your use of the Tizen developer website (https://samsungtizenos.com/) and any associated subdomains, mobile sites, services, applications or platform, along with all of the features, software, documents and other contents provided therein (collectively the “Site”). Your use of the Site constitutes your agreement and acceptance of the Terms. If at any time you do not accept the Terms, stop using the Site.
As used in these Terms, “Samsung,” “us,” “our” or “we” refers to Samsung Electronics Co., Ltd., which owns and operates the Site. “You” and “Your” means the user(s) of the Site. “Member” means users with an account created on the Site.
The Site provides materials, tools, forums and other features for developer’s use and participation. We may send e-mail newsletters regarding its features to Members. If you do not wish to receive the newsletters, please modify your account setting.
Permitted Uses
You may use the Site or your account only in compliance with these Terms and all applicable laws. You may not use the Site in any manner that could harm Samsung, its affiliates, its brands, or any person or property. In addition, you must not:
- Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
- Modify or disable any features of the Site;
- Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site;
- Frame or mirror any part of the Site without Samsung’ express prior written consent;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
- Copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorization;
- Resell, sub-license, or lease any of the content on the Site;
- Use our Site in any way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with others’ use of the Site;
- Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent information in the account registration parge or your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
- Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of others;
- Upload commercial advertisement or publicity materials without our prior written authorization; and
- Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.
Account
User may create an account on the Site by completing the registration page and agreeing to these Terms. Samsung may decline creating accounts if (i) user’s account was terminated by Samsung under the “Account Termination” section of the Terms, (ii) there are any errors, inaccuracies or omissions in the information provided by user in the registration page or (iii) Samsung determines that creating such account may interfere with the operation of the Site.
If there is any change in the information provided in the registration page or account setting, Member shall notify Samsung by e-mail or other measures set forth in the Site.
Member shall safeguard and not disclose account password and other information to third parties. If Member becomes aware that account information is leaked, Member shall notify Samsung immediately.
Account Termination
Member may request to terminate account at any time, and upon receipt of such request. Member cannot create another Tizen Developer Account using the same e-mail address for a period of 6 months from the date of termination of a Tizen Developer Account.
Samsung may suspend or terminate Member’s account if Member has provided false information in the registration page, interfered with others’ use of the Site or engaged in any conduct in breach of these Terms or applicable laws.
License; Ownership
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Site. You may only use the Site for personal and non-commercial purposes according to these Terms and the instructions we provide in the Site.
Unless otherwise stated herein, we and/or our licensors are the sole owners of the Site and all of its content, including without limitation, all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Site. You agree that all right, title, and interest in the Site will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Samsung name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so.
Software Downloads
When we make software available for users to download through the Site any such download is subject to the terms of our end user license agreement, in addition to these 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.
Sample Codes
Samsung may publish on the Site what Samsung terms “Sample Code”, which is software developed by Samsung and which Samsung makes freely available for developers to use under the terms of the Sample Code license. The terms of the Sample Code license will be notified to you at the time you agree to license any Sample Code from Samsung.
User Content
The Sites may allow you to share content with us or with other users on the Site. When you share content, you continue to own the intellectual property rights to your content and you are free to share the content with anyone else wherever you want. However, to use your content on our Site, you need to grant us a license for any content that you create or upload using our Sites. When you upload, transmit, create, post, display or otherwise provide any information, materials, documents, media files or other content on or through our Sites (“User Content”) you grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform and publicly display the User Content (“User Content License”), to the full extent allowed by applicable laws.
We do our best to keep User Content safe, but we’re not responsible if any of your User Content or other data is lost. You should keep local copies or make backups of contents and other data, just in case something goes wrong.
YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY 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.
Samsung reserves the right to screen, filter, change or remove User Content if, in its opinion, such User Content does not comply with Samsung’s content standards.
Disclaimer of Warranties
THE SITE AND ALL CONTENT, SERVICES AND FEATURES AVAILABLE THROUGH THE SITE, ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. SAMSUNG DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, AND TITLE. SAMSUNG MAKES NO WARRANTY THAT THE SITE WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. SAMSUNG MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY INTERACTION WITH AND ANY THIRD PARTIES APPEARING ON THE SITE OR OTHER THIRD PARTIES. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH YOUR ACCOUNT REGISTRATION, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED OR HAVE A DISPUTE ABOUT THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless Samsung, and its respective employees, officers, directors, agents, representatives, licensors, suppliers, agencies, and service providers from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with the Site; or (b) any violation of these Terms or applicable laws by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
Third-Party Sites
The Site contains links to third party websites, such as social networking websites. Samsung does not have control over such websites and is not responsible for the availability of such external websites. Samsung does not endorse and is not responsible or liable for the content, advertising, products, services or other materials on or available from such third party websites linked from the Site. Your use of third party websites is at your own risk and subject to the terms and conditions and policies of such websites.
Linking
You may link to https://samsungtizenos.com/ from another site subject to complying with the following guidelines:
- links must be to the home page https://samsungtizenos.com/;
- you may not create a frame or any other border around https://samsungtizenos.com/;
- the site from which you wish to link must comply with all relevant laws and regulations must not contain content which may be considered to be distasteful or offensive; and
- you must not imply that Samsung endorses, or is associated with, any other site, product or service
Dispute Resolution
These Terms will be construed and enforced under the laws of the Republic of Korea (excluding conflict of laws provisions which may direct the application of another jurisdiction’s laws). All dispute, claim or controversy relating to these Terms or the Site shall be resolved in the courts of competent jurisdiction in the Republic of Korea.
Age Limit
Everyone is welcome to visit the Site. However, if you want to participate on certain sections of the Site or in certain activities available on the Site, for example join a club or group, or enter a contest, you must register to the Site. In order to register, you must be at least 18 years old or receive your parents and/or guardians written consent
Termination
We reserve the right to change any part of the Site, including these Terms, at any time. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, please stop using the Site.
We will provide you with reasonable notice of any change, suspension, or discontinuation of the Site, unless it is urgently required, in which case we will notify you at the same time as the change, suspension, or discontinuation. To the maximum extent permitted by applicable law, we will not be liable to you or to any third party if we exercise such rights.
We may immediately suspend or terminate your use of and access to the Site (including your account) at our sole discretion and without prior notice if we have a reason to believe that you have entered false information in the account registration page or engaged in any conduct in breach of these Terms or applicable laws.
Severability
If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.
Waiver
Any delay in enforcing or any failure to enforce any provision of these Terms will not be deemed a waiver of any other or subsequent breach of these Terms.