Samsung Community Terms and Conditions

[Samsung Dusty]

                                                                          Samsung® Community Terms

                                                                                  Effective as 2018

Thanks for choosing the Samsung Community. The Community is a place for Samsung enthusiasts to share ideas, ask questions and get guidance from fellow community members.

These Samsung Support Community Terms (the “Community Terms”) govern your use of the Samsung Support Community forums and sites, which can be accessed through https://us.community.samsung.com/ and through other links available at that address (the “Community”).

Use of the Community is governed by the following:

• These Community Terms;
• The Samsung Legal Terms of Use (the “Legal Terms”);
• The Samsung Privacy Policy (the “Privacy Policy”);
• The Samsung Account Terms and Conditions (the “Account Terms”);
• The Community Guidelines (the “Community Guidelines”; these Community Terms, The Legal Terms, The Privacy Policy, The Account Terms and the Community Guidelines together as the “T&Cs”).

In order to make posts to the Community, you must have or create an account (an “Account”). To do so, create an account or authorize one of your other social media accounts here: https://sso-us.samsung.com/sso/auth/login. Accounts are governed by the Account Terms as well as all applicable parts of the T&Cs.

By using the Community, you agree to these Community Terms and the applicable parts of the T&Cs, including any additional terms or documents they contain or include by reference. These Community Terms, and the applicable parts of the T&Cs, constitute a legally binding agreement between you and Samsung. Samsung may change these Community Terms at any time within its sole discretion. Any material changes will be posted to this site, or to such other successor site as Samsung determines in its sole discretion. Your continued use of the Community after such change will constitute your acceptance of such changes. Accordingly, please review these Community Terms regularly as your continued access to and use of Samsung Community constitutes your agreement to be bound by these terms as they are updated and amended.

If you do not agree to these Community Terms and the T&Cs, please do not use the Community.

Certain capitalized terms, such as “Samsung” used in these Community Terms are defined elsewhere in the T&Cs.

1. Community Account.

Your use of your Account is governed by the Account Terms. As a condition of using your Account, you will ensure that your account information is true, accurate and complete and that you keep it up to date.

You may not include any information in your profile that suggests you are a Samsung employee or moderator, or otherwise pose as such an employee or moderator when using the Community.

Samsung reserves the right to reclaim or amend your username, or to cancel your account, at any time.

2. Official support.

Information, advice or other material of any kind (including any audiovisual materials) (“Content”) posted on the Community by users is not official support provided by Samsung or an official statement of Samsung. The views and opinions expressed by individuals in their Content are solely those of the individual users and are not made or endorsed by Samsung.

Content posted by Samsung personnel will be clearly labeled as Samsung Content. 

3. Content, moderation and reporting.

This Community focused on service related questions and new information on Samsung in the U.S. Information related to other countries may be limited.

You are responsible for all Content that you post on the Community and all Content that is posted through your Account. Samsung does not control and assumes no responsibility for your Content or any Content posted by other users.

Samsung reserves the right to moderate the activity on the Community and may remove or edit any Content for any or no reason, including by removing or editing Content that in Samsung’s sole discretion violates these Community Terms or any applicable provision of the T&Cs. Additionally, Samsung has the right to remove, edit, move or close any comment thread at any time and Samsung may take any of the foregoing actions without any prior notification to any party. None of Samsung’s moderation, editing or removal of any Content in any way is or implies an endorsement or publication of that Content by Samsung.

Use of the Community in conflict with any of the T&Cs may result in immediate termination or suspension of your accounts (see the Term and Termination section below).

Samsung reserves the right to notify your Internet Service Provider of breaches of these Community Terms, as well as any applicable portion of the T&Cs or applicable law, within Samsung’s sole discretion.

4. Guidelines.

In order to maintain the safety and integrity of the Community and our users, certain conduct is prohibited. Each user will comply with the Community Guidelines, which may be updated from time to time by Samsung in its sole discretion.

As further detailed in the Community Guidelines and in the T&Cs, you acknowledge that you will not to post any spam or commercial messages, or abusive, obscene, vulgar, slanderous, hateful, threatening or sexually-oriented material, nor post material that may violate any U.S. laws including copyright and trademark laws. You acknowledge that you will not make any post to the Community that includes or links to any virus, malware, tracking software or other harmful or deleterious software. Samsung may immediately remove any Community posts that violate these Community Terms.

Violations of the Community Guidelines, including making any post that has any prohibited content, are strictly prohibited and may result in the suspension or permanent ban of any person, group or entity from the Community, including any Accounts they control or utilize. All such decisions are within Samsung’s sole and non-appealable discretion and Samsung is not required to provide you, or any other third party, any notice concerning these decisions.

Please help Samsung to protect the integrity of the Community and to ensure that the Community remains as helpful as possible by reporting any inappropriate activity or user posts in the Community. Inappropriate content or activity may be reported by clicking the three-dots in the top right of the post and then selecting “Report Inappropriate Content”.

5. Ambassador Program.

Certain active contributors to the Samsung Community may be invited by Samsung, in its sole discretion, to participate in Samsung’s Ambassador Program. You acknowledge that Samsung’s decision in respect of participation in the Ambassador Program shall be final and binding. Samsung may alter the Ambassador Program at any time in its sole discretion.

For more information on the Ambassador Program, visit the Ambassador Terms of Service.

6. License; Privacy.

You hereby grant Samsung a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, make available to the public, publish, translate, create derivative works from and distribute, in any and all media, whether now known or yet to be devised, any Content and/or feedback that you post on or otherwise provide to the Community (including through your Account, any feedback form and/or sent to any Samsung email address), and to exercise all copyright and publicity rights with respect to such Content or feedback, without any obligation of royalty, consent or attribution to you. You further waive the exercise of any moral rights in your Content. Notwithstanding the foregoing, Samsung may choose to attribute any Content or feedback to you as determined within Samsung’s sole discretion.

The Privacy Policy governs collection and storage of your personal information, including information concerning Content Authorship and personal information you enter into your Account. Please refer to the Privacy Policy for a description of Samsung’s privacy practices and information about your privacy, your rights and how to exercise them.

7. Term and termination.

These Community Terms will become effective in relation to you when creating a Samsung Community Account or first view the Community, whichever is earlier. These Community Terms will remain in effect, in relation to you until, you terminate your Samsung Community Account or until termination by Samsung (in relation to you directly or otherwise), whichever is earlier.

You may terminate your Community Account by deleting your account through the functionality provided in your account profile, by delinking your social media account, or by sending a message to the Samsung Team (as defined below).

Without limiting its other rights to terminate access to the Community, Samsung reserves the right to limit, suspend or permanently ban any person, group or entity from the Samsung Community, including terminating any Accounts they control or utilize, within Samsung’s sole and non-appealable discretion.

Samsung (and all other companies of the Samsung Group) shall have no liability or responsibility to you if Samsung limits, suspends, or bans your access to the Samsung Community, or terminates your Account for any reason whatsoever. Please note that if your Samsung Community Account is terminated by you or Samsung for any reason, Content that you have posted may be kept retained by Samsung consistent with the Privacy Policy, these Community Terms and the T&Cs.

8. No warranty; Limitation of liability.

As further detailed in the T&Cs, use of the Community is at your own risk. The Community is provided on an “as is” and “as available” basis. To the fullest extent possible under applicable law, Samsung makes no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Community. In addition, Samsung does not warrant, endorse, guarantee or assume responsibility for any Content posted on the Community or any hyperlinked website. As with any information or advice, obtained through any medium or in any environment, you should use your judgment and exercise caution where appropriate.

Samsung’s liability is limited as set forth in the Legal Terms, reproduced here for reference:

To the maximum extent permitted by applicable law, Samsung shall not be liable to you or third-party claiming through you for any damage suffered as a result of your displaying, copying or downloading information or material contained on this site. In no event shall Samsung be liable to you or any third-party for any indirect, extraordinary, exemplary, punitive, special incidental or consequential damages(including loss of data, revenue, profits or other economic advantage) however arising, whether for breach or in tort even if Samsung has previously advised of the possibility of such possible damage.

9. DMCA.

Samsung respects intellectual property rights and expects you to do the same. Accordingly, this Community is governed by the ‘DMCA’ section of the Legal Terms. That section is reproduced here for reference:

If you are a copyright owner or an agent thereof and believe that any Submission or other content on the site infringes upon your copyrights, you may submit a 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.

1. 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 DMCA 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.

The Community is the property of Samsung, its Group companies and/or its licensors and is protected by intellectual property rights (including but not limited to copyright). Except as allowable under applicable law, you have no right to use the Community, or any Content or information you access through the Community, in any manner not covered by these Community Terms or the applicable portions of the T&Cs. All rights not expressly granted or licensed herein are expressly reserved.

10. Communicating with Samsung.

You may communicate with Samsung by sending messages to the Samsung Team on the Samsung Community (the “Team Contact”).

11. Miscellaneous.

If these Community Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail.

Samsung may assign its rights and obligations in connection these Community Terms without restrictions. You may not assign your rights or obligations in connection these Community or your Community Account, or any part thereof, to any third party.

The Community Terms shall be governed and construed in accordance with the laws applicable to you pursuant to the Legal Terms. These Community Terms are subject to all applicable provisions of the T&Cs, which are hereby incorporated by reference.

The invalidity or unenforceability of any provision of these Community Terms shall not affect the validity or enforceability of any other provision. To the greatest extent possible, any invalid provision shall be automatically deemed modified to the least extent necessary to render it a valid provision which most closely approximates the intent of the invalid provision and, together with all other provisions of these Community Terms, shall continue in full force and effect.

The captions and section headings used in these Community Terms are inserted for convenience only and shall not affect the meaning or interpretation of these Community Terms. The interpretation of these Community Terms shall not take into consideration the party who drafted or whose representative drafted any portion of these Community Terms, and no canon of construction shall be applied that resolves ambiguities against the drafter of a document. Whenever the context so requires, each pronoun or verb used herein shall be construed in the singular or the plural sense and each capitalized term defined herein and each pronoun used herein shall be construed in the masculine, feminine or neuter sense. When the word “include,” or “including” are used, the phrase “without limitation” shall be deemed to follow. When the word “or” is used, the phrase “and/or” shall be deemed to be used.