SAMSUNG GLOBAL GOALS TERMS OF SERVICE
IMPORTANT – READ CAREFULLY. THESE TERMS OF SERVICE (“TOS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG ELECTRONICS CO., LTD. (“SAMSUNG”) FOR THE SAMSUNG GLOBAL GOALS APP AND ANY RELEVANT SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY SAMSUNG, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS OR LICENSORS. BY ACCEPTING THESE TOS, YOU AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO THE TOS, THEN DO NOT INSTALL OR USE THE SERVICE. IF SAMSUNG MAKES CHANGES TO THESE TOS, SAMSUNG WILL UPDATE SUCH REVISED TOS ON https://www.samsungglobalgoals.com/eula. SAMSUNG WILL NOTIFY YOU BEFORE MAKING ANY MATERIAL CHANGES TO THESE TOS. YOU MAY STOP USING AND UNINSTALL THE SERVICE AT ANY TIME IF YOU DO NOT AGREE TO SUCH CHANGES, BUT YOU WILL BE DEEMED TO HAVE UNDERSTOOD AND ACCEPTED THEM BY CONTINUING TO USE THE SERVICE.
SERVICE DESCRIPTION / HOW TO OPT OUT ADVERTISING
The Application was created to promote information about the United Nation’s 17 Global Goals for Sustainable Development (“SDGs”). You can learn more about the SDGs at https://www.globalgoals.org. In addition to raising awareness of the SDGs, the Application was also created to assist the United Nationals Development Programme (the “UNDP”) to raise funds for supporting the SDGs together with other organizations around the world. The UNDP is the lead UN development agency (https://www.undp.org), and is uniquely placed to help implement the SDGs through their work in some 170 countries and territories.
You acknowledge and accept that, in an effort to achieve such goals, the Application will display advertising from Samsung’s Advertising partners (the “Advertising Partners”). The Advertising Partners participate in the fundraising goals of the Application by providing Samsung with revenue that is then donated to the UNDP.
Samsung reserves the right to add additional Advertising Partners or to remove Advertising Partners. Every time you click on one of an advertisement from these Advertising Partners, Samsung will receive revenue from our Advertising Partners, which Samsung then donates to the UNDP. Samsung will donate one-hundred percent of the revenue (less any applicable corporate taxes to be in legal compliance) it receives from our Advertising Partners to UNDP. Since donations are delivered directly from Samsung to UNDP, Samsung does not issue donation receipts to users.
Advertising partners such as Google and Facebook may provide customized advertising, subject to their own terms and privacy policy. This can be enabled and disabled at the below advertising partners links (which links may be updated by partners).
Google: https://adssettings.google.com/authenticated
Facebook: https://www.facebook.com/about/ads.
Additionally users can disable the lockscreen wallpapers experience, which reminds them to interact with the Ads.
Users may “vote” to allocate their advertising earnings or contribution towards a specific SDG. The vote can be applied at any time that there is an earnings balance shown in the application user interface. The votes of the Application’s users will be shared with the UNDP, but it is up to the UNDP, at their sole discretion to determine how those funds will be distributed. Samsung cannot guarantee that the UNDP will use the total funds towards the SDGs in accordance with users’ preferences or votes. UNDP will assume all legal responsibility and ownership of the funds and make the final determination as to how the funds will be distributed.
1. Grant of License
Subject to the terms of these TOS, you are granted a limited, non-exclusive, and revocable license to install, access and use the SERVICE. The services and features provided by the SERVICE or Update (defined below) thereto may vary or be limited, with prior notice, depending on certain factors, including, without limitation, your country, device, operating system, or network operator. Unless you are 18 or older, you are not permitted to enter into these TOS or use the SERVICE unless your parent or legal guardian understands and consents to the terms and conditions of these TOS. If you are a parent or guardian permitting a person under the age of 18 ("Minor") to use the SERVICE, you agree to: (i) supervise the Minor's use of the SERVICE; (ii) assume all risks associated with the Minor’s use of the SERVICE, (iii) to the extent permitted by the applicable law, assume any liability resulting from the Minor’s use of the SERVICE; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by these TOS for the Minor’s access and use of the SERVICE. You expressly accept that Samsung disclaims any liability resulting from the Minor's use of the SERVICE.
You expressly acknowledge and agree that use of the SERVICE is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. By using the SERVICE you acknowledge and agree that Samsung is not responsible for any related third party products and/or services and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such third party service.
2. Reservation of Rights and Ownership
This SERVICE includes software and data provided by third parties. You acknowledge that the SERVICE is proprietary to Samsung and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. These TOS and your use of the SERVICE do not grant you any ownership interest in or to the SERVICE, and you are granted only a limited, personal, non-exclusive, non-transferable license to use that is revocable in accordance with the terms of these TOS. You may not use the SERVICE to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction.
3. Restrictions
Except to the extent that mandatory local law requires that you be able to do so, you may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the SERVICE; (ii) modify or disable any features of the SERVICE; (iii) duplicate and/or create derivative works based on the SERVICE; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the SERVICE; (v) infringe our intellectual property rights or those of any third party in relation to your use of the SERVICE (to the extent that such use is not licensed by these TOS); (vi) use the SERVICE in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SERVICE or any operating system; (vii) use the SERVICE in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (viii) collect or harvest any information or data from the SERVICE or our systems or attempt to decipher any transmissions to or from the servers running the SERVICE; and (xi) use the SERVICE to harass, threaten or harm any other person and/or violate its privacy or its right to honor.
4. Update, Change or Suspension of the SERVICE
Samsung may, at any time, provide or make available updates or upgrades to the SERVICE (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the SERVICE. However, You acknowledge and accept that Samsung is not obliged to provide you with Updates. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates, in which case that separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users.
To the extent permitted by the applicable law, Samsung expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the SERVICE or any portion thereof only with the prior notice.
5. Third party Services and Content
Third party services and/or content may also be available to you through the SERVICE. To the extent permitted by law, Samsung disclaims any warranty, condition or representation in respect of any third party services or content in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third party rights and compliance of any applicable laws or regulations. The use of third party services and contents may be governed by such third party provider’s terms of use, license agreement, privacy policy, or other such agreement. of the SERVICE may be subject to open source licenses, in which the terms of such open source licenses may precede the terms of these TOS with respect to that portion of the SERVICE.
6. Collection and Use of Data
Samsung and/or parties that are entrusted by Samsung may collect and use information necessary to provide the SERVICE and Updates, improve or enhance the SERVICE. At all times your information will be treated in accordance with applicable law and Samsung’s global Privacy Policy, which can be viewed at https://www.samsungglobalgoals.com/pp
7. Data Access
Some features of the SERVICE may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The SERVICE may require access through your data network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the SERVICE may be affected by the suitability and performance of your device hardware or data access. You expressly acknowledge and accept that Samsung is not responsible for availability and promptness of the data network and/or the data access.
8. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the SERVICE including without limitation, all applicable export restriction laws and regulations.
9. Termination
These TOS are effective until terminated. You can terminate these TOS anytime by ceasing your use of the SERVICE, and uninstalling, deleting and, if applicable, returning all related software, documentations and other materials provided by Samsung, including backup copies thereof. Should you not comply withthese TOS, your rights based on these TOS will be automatically terminated without notice from Samsung. Upon termination of these TOS (or where Samsung has terminated the TOS, immediately on becoming aware of such termination), you must immediately cease all use of the SERVICE. For the purpose of clarity, Samsung may terminate these TOS and the SERVICE with thirty (30) days prior notice to you (e.g., service website, pop-up through application, email or etc.).
10. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, 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 SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR 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 QUALIFY OF THE SERVICE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.
11. Limitation of Liability
11.1 SAMSUNG and You do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law.
11.2 To the maximum extent permitted by applicable law, SAMSUNG shall not be liable for loss, damage or liability under contract (including negligence), laws on third party obligations (including ‘tort’ and negligence claims) or statutory obligations or any other legal basis whatsoever, even if SAMSUNG was specifically put on notice of the risk of such loss (i) where the loss is indirect, incidental, , special, consequential, special or comprises exemplary or punitive damages, or (ii) for any loss of profit, loss of business, loss of opportunity, loss of data or (iii) relates to errors, omissions or interruptions, computer viruses, connection or connectivity problems or for network charges.
11.3 To the maximum extent permitted by applicable law, SAMSUNG’s total financial liability to You arising from or in connection with these TOS, the SERVICE or related matters shall not exceed the amount you paid SAMSUNG or SAMSUNG’s affiliate specifically for this SERVICE.
11.4 You acknowledge that the above provisions of clauses 10 and 11 are reasonable given the benefits of the Services and you will accept such risk and/or insure accordingly.
11.5 IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICES TO AVOID LOSING ANY DATA. YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT SAMSUNG IS NOT RESPONSIBLE FOR ANY LOSS OF DATA DERIVED FROM THE USE OF THE SERVICE.
12. Indemnification
The following text only applies if you use the SERVICE as part of your business, trade or profession: You agree to indemnify, defend, and hold harmless SAMSUNG, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your unlawful use of the SERVICE, your violation of the rights of any third party, or any breach of these TOS.
13. Applicable Law
These TOS are governed by the laws of the jurisdiction where you are a resident, without regard to its conflict of law provisions. These TOS shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14. Dispute Resolution
If you are a consumer (and where this term is not otherwise defined in your local law, this means ‘not using the SERVICE as part of a business, trade or profession’) then the courts the territory in which you are resident have non-exclusive jurisdiction to hear and decide any dispute, controversy or difference arising from these TOS or the SERVICE. If you are not a consumer, if a dispute, controversy or difference arising in any way from these TOS or your use of the SERVICE is not amicably settled, it shall be subject arbitration proceedings under the arbitration rules of the International Chamber of Commerce in the place of the respondent. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction. Arbitration hearings shall be conducted in English.
15. Entire Agreement
These TOS are the entire agreement between you and Samsung relating to the SERVICE and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SERVICE or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
16. No Waiver
The failure of Samsung to enforce at any time any of the provisions of these TOS, or the failure by Samsung to require at any time performance by You of any of the provisions of these TOS, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Samsung to enforce such provision thereafter. The express waiver by Samsung of any provision, condition or requirement of these TOS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
17. Survival
Sections 2, 10, 11 and 12 of these TOS, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these TOS, and shall remain valid and binding.
18. Headings
The headings contained in these TOS are for reference purposes only and shall not affect the meaning or interpretation of these TOS.
[23. 08. 2019]