Samsung Galaxy Player 5 User Guide
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Warranty Information 147 10. Disclaimer of Warranty Regarding Third-Party Applications. SAMSUNG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF ANY THIRD-PARTY APPLICATION WHETHER SUCH THIRD-PARTY APPLICATION IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY SAMSUNG, IS DOWNLOADED, OR OTHERWISE OBTAINED. USE OF ANY THIRD-PARTY APPLICATION IS DONE AT PURCHASER’S OWN DISCRETION AND RISK AND PURCHASER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF SUCH THIRD-PARTY APPLICATIONS. SAMSUNG EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER PURCHASER’S PERSONAL INFORMATION IS CAPTURED BY ANY THIRD-PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD-PARTY APPLICATION PROVIDER. ANY THIRD-PARTY APPLICATIONS PROVIDED WITH THIS MOBILE DEVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, 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. SAMSUNG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE THIRD-PARTY APPLICATION, THAT THE FUNCTIONS CONTAINED IN THE THIRD-PARTY APPLICATION WILL MEET PURCHASER’S REQUIREMENTS, THAT THE OPERATION OF THE THIRD-PARTY APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE THIRD-PARTY APPLICATION WILL BE CORRECTED. PURCHASER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PURCHASER FROM SAMSUNG SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY REGARDING THIRD-PARTY APPLICATIONS, OR TO CREATE ANY WARRANTY. 11. Limitation of Liability. SAMSUNG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE ANY THIRD-PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT
148 NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOT WITHSTANDING THE FOREGOING, SAMSUNG’S TOTAL LIABILITY TO PURCHASER FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF PURCHASER’S USE OF THIRD-PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR ANY SUCH THIRD-PARTY APPLICATION THAT WAS INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 9, 10, AND 11) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 12. U.S. Government End Users Restricted Rights. The Software is licensed only with restricted rights and as commercial items consisting of commercial software and commercial software documentation with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Software and Products provided to the United States Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All Software and Products provided to the United States Government pursuant to solicitations issued prior to December 1, 1995 are provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 13. APPLICABLE LAW. This EULA is governed by the laws of TEXAS, without regard to conflicts of laws principles. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If a dispute, controversy or difference is not amicably settled, it shall be finally resolved by arbitration in Seoul, Korea in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board. The award of arbitration shall be final and binding upon the parties. 14. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Samsung relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to
Warranty Information 149 the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Social Hub Legal Terms and Privacy Samsungs Social Hub and (if applicable) the website where you accessed this Disclaimer (collectively, the Service), is being made available to you by Samsung Electronics Co., Ltd., and its affiliates and suppliers (collectively Samsung) subject to the following enclosed documents: Social Hub Terms and Conditions which governs your use of the Service generally; Social Hub End User License Agreement which specifically governs your use of the software which forms part of, or enables you to access, the Service; and Social Hub Privacy Policy which governs our collection and use of personal information in connection with your access to and use of the Service. By using the Service, you agree to be bound by the above documents. Please read through those documents to make sure you understand the basis on which Samsung is providing the Service to you. You will be able to access additional features available at socialhub.samsungmobile.com. Social Hub Terms and Conditions Acceptance of the Terms These Social Hub Terms and Conditions together with the Social Hub Privacy Policy and Social Hub End User Licence Agreement (collectively Terms) govern your use of Social Hub, which comprises all content and services accessible through Social Hub (including third party content and services), and (if applicable) the website where you accessed these Terms (collectively the Service). The Terms constitute an agreement between you and Samsung Electronics Co., Ltd., and its affiliates (collectively Samsung) with respect to the Service. By using the Service, you agree to be legally bound to the Terms. You are not allowed to use the Service if you do not agree to the Terms. To the extent permitted by applicable law, Samsung reserves the right to modify, update, supplement, revise or otherwise change the Terms, and to impose new or additional rules, policies, terms or conditions in relation to the Service, from time to time with or without notice to you (Amendments). Samsung may provide you with notice of the Amendments by sending an email message to the email address listed in your account information (if any), or by posting the notice on the Social Hub website.
150 Such Amendments will be effective immediately and incorporated into the Terms upon sending or posting of such notice. You are responsible for regularly reviewing the Terms. Your continued use of the Service will be deemed to constitute your acceptance of any and all such Amendments. Eligibility To use the Service, you must be at least sixteen (16) years of age. If you are at least sixteen (16 ) years of age but are a minor for legal purposes where you live, you must review the Terms and have your parent or legal guardian accept the Terms on your behalf in order for you to use the Service. The person accepting the Terms on your behalf must be legally competent. Your Information When required to provide information in connection with your use of the Service, you agree to provide truthful and complete information. Providing misleading information about your identity is forbidden. When you first use the Service, you may be required to create a username and a password. You (and your parent or legal guardian, if you are a minor) are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and promptly notify Samsung about any misuse. Termination of Ser vice Samsung may terminate or restrict your access to certain parts of the Service if there is an indication that you have breached the Terms or at any time in its sole discretion. Yo u r M a t e r i a l Except as set forth in the Social Hub Privacy Policy, Samsung shall not be responsible for any removal of the information or content you have submitted in the course of using the Service (Material) when your access to the Service is terminated. Your submission of Material in the course of using the Service does not transfer ownership rights in the Material to Samsung. After the Material is removed from the Service by either you or Samsung, some traces of the Material may remain and copies of the Material may still reside within the servers used in providing the Service. However, Samsung does not claim ownership in your Material. You represent and warrant that you have obtained any consents, permission or licenses that may be required for you to have the legal right to submit any Material. Samsung reserves the right to terminate your access to the Service if Samsung determines, at
Warranty Information 151 its sole discretion, that you have repeatedly submitted infringing Materials to the Service. Using the Ser vice Yo u a g r e e t o : Use the Service only for your private, non-commercial purposes; Comply with applicable laws, the Terms and good manners; Not submit unlawful, offensive, abusive, pornographic, harassing, libelous or other inappropriate Material; Respect the privacy of others; Obtain any consents, permission or licenses that may be required for you to have the legal right to submit any Material; and Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses or any other technologies that may harm the Service, or the interest or property of the Service users. Unauthorized use of the Service (including any use in contravention of the Terms) is prohibited and may result in criminal prosecution and/or civil liability. Restrictions You and any third party directed by You must not display, copy, store, modify, sell, publish or redistribute the Service (whether all or any portion of it), and such displaying, copying, storing, modification, sale, publishing and redistribution shall be prohibited unless you have obtained all necessary rights and permissions from Samsung and the owners and right holders of such the Service or relevant part. You must not use the Service for any purposes other than those permitted under the Terms. Without limiting this restriction, you must not use the service for any illegal purposes, to make unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post obscene or unreasonably offensive material, to negatively present the Service, nor for any commercial purposes. Except as expressly permitted by the Terms, and except to the extent that applicable laws prevent Samsung from restraining you from doing so, you are not allowed to disassemble, reverse engineer, tamper with the Service, transmit malicious code or collect information of other users through the Service. You may not take any action to interrupt the functionality of or tamper with the Service or any content or service contained in or provided through the Service, or any servers used in providing the Service, or to unreasonably affect others enjoyment of the Service in any way. Actions Required by Law Samsung may need to comply with lawful interception and/or data retention requirements imposed by your country of residence or any other country in which you use the Service.
152 Samsung may restrict access to any part of the Service or terminate your access to the Service, at any time in its sole discretion if required by law or by the relevant authorities or regulatory agencies to do so. Third Par ty Sites and Content The Service may allow access to sites on the Internet that are owned or operated by third parties. Access to such sites does not imply that Samsung endorses the site or the conduct, products or services on the site. Upon accessing any such site, you must review and agree to the rules of use of the relevant site before using the site. You acknowledge and agree that Samsung has no control over the content, products or services of third-party sites and does not assume any responsibility for or in respect of such content, products or services. Third party content and services may be terminated or interrupted at any time, and Samsung makes no representation or warranty that any content or service will remain available for any period of time. Samsung expressly disclaims any responsibility or liability for any interruption or suspension of any third party content or service. In addition, Samsung is neither responsible nor liable for customer service related to third party sites. Any question or request for service relating to third party sites should be made directly to the relevant site operator. Subscription Information Use of the Service may involve transmission of data through your service providers network. Your network service provider may charge you for such data transmission. Samsung assumes no responsibility for the payment of any such charges. Availability The Service may be network dependent - contact your network service provider for more information. Samsung reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times. Samsung may also decide to discontinue the Service or any part thereof in its sole discretion. In such case you will be provided with prior notification. Samsung does not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any particular jurisdiction. If you choose to access the Service, you do so on you own initiative and at you own risk, and you are responsible for complying with all US federal, state and local laws, rules and regulations. Dealings with Others You may interact with other users on or through the Service. You agree that any such interactions do not involve Samsung and are solely between you and the other user(s).
Warranty Information 153 Intellectual Property The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by Samsung. Subject to the Terms, Samsung retains all right, title and interest in the Service and in all Samsungs products, software and other properties provided to you or used by you through the Service. Personal Data The Social Hub Privacy Policy and the following additional provisions govern the use of your personal information. When you access the Service, Samsung may ask for or otherwise collect certain personal information such as your email address along with your user name and password and, in certain cases, your mobile phone number so that we can communicate with you, for example to send notifications of incoming messages. When you use the Service, certain technical information such as the type and serial number of your mobile device, Internet protocol address, your mobile network and country codes, timezone, technical details of your client as well as your transactions with Samsung, for example your acceptance of the Terms, will be automatically collected by Samsung. The purposes for which Samsung may use such data are explained in the Social Hub Privacy Policy. Samsung may also participate with your selected service providers in maintaining your contact lists. The third party services and content you access through the Service and the telecommunications carriers and the network through which you access the Service are provided and hosted by your selected third party content and service providers who typically has a privacy policy of its own. We recommend you familiarize yourself with your service providers privacy policy. Samsung is not responsible for the privacy or any other practices of such service providers. Although your messages will be transmitted through Samsungs servers, Samsung will not process the content or headers of your messages for any purpose other than as necessary to deliver and manage your messages, unless otherwise required by law. In connection with certain services accessible via the Service, Samsung may cooperate with your operator and other third parties. Samsung may receive from such third parties certain device specific non-personal information, such as device serial number of the devices sold by the operator with preinstalled software for the Service. Such information may be used for aanalyzing the activation of the Service. LIMITATION OF LIABILITY THE SERVICE IS PROVIDED ON AS IS AND AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY THE LAW AND
154 SUBJECT TO THE TERMS, SAMSUNG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR OR VIRUS- FREE. TO THE FULLEST EXTENT PERMITTED BY THE LAW AND SUBJECT TO THE TERMS, NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, OF THE SERVICE, INCLUDING ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT FROM VARIOUS SOURCES. SAMSUNG SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD PARTY CONTENT OR SERVICE THAT MAY BE ACCESSED THROUGH THE SERVICE, NOR SHALL SAMSUNG BE HELD RESPONSIBLE FOR MALICIOUS CODE CONTAINED ON OR DISTRIBUTED THROUGH BY THIRD PARTIES. YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SAMSUNG DISCLAIMS ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE SERVICE (INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES). IF THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THE PROVISIONS IN THE TERMS, THIS DOES NOT AFFECT OR INVALIDATE THE OTHER PROVISIONS. CERTAIN STATUTORY PROVISIONS UNDER APPLICABLE LAW MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON SAMSUNG WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THE TERMS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH SAMSUNG IS ABLE TO DO SO, SAMSUNG LIMITS ITS LIABILITY UNDER THOSE PROVISIONS TO, AT ITS OPTION, IN THE CASE OF SERVICES (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
Warranty Information 155 Indemnification You agree to defend, indemnify and hold harmless Samsung from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made possible due to your failure to take reasonable measures to protect your username and password against misuse. Choice of Law Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in the State of New York to resolve any legal matters arising from the Terms. Notwithstanding this, you agree that Samsung shall still be allowed to apply for injunctive remedies (or equivalent type of urgent legal relief) in any jurisdiction. Miscellaneous The Terms (including all documents comprising the Terms) constitute the entire agreement between you and Samsung, and supersedes any prior agreement between you and Samsung, with respect to your use of the Service. Your use of any third-party content or service accessed via the Service will be governed by the terms and conditions furnished with, and applicable to that content or service. If any provision of the Terms is held invalid, illegal or unenforceable, that portion of the Terms shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portion of the Terms shall remain in full force and effect. Samsungs failure to enforce any right or provision of the Terms will not constitute a waiver of such provision, or any other provision of the Terms. Samsung will not be liable or responsible for any failure to fulfill any of its obligations under the Terms which failure is due to any cause or condition beyond the reasonable control of Samsung. If there is any conflict between these Social Hub Terms and Conditions and the Social Hub Privacy Policy, the provisions of these Social Hub Terms and Conditions shall prevail. The provisions of the Terms that are intended to or by their nature should survive termination of your use of the Service shall remain valid after any such termination. Social Hub Privacy Policy Samsung Electronics Co., Ltd. (Samsung) is committed to protecting the online privacy of visitors, users and customers to
156 our Social Hub service. This privacy policy ( Privacy Policy) forms part of the Terms which govern your use of Social Hub(excluding any third party content and services), and (if applicable) the website where you accessed this Privacy Policy, (collectively, the Service). The purpose of the Privacy Policy is to inform you about the types of information we gather about you when you access or use the Service, how we may use that information, and if and how we disclose it to third parties. All users of the Service are required to provide true, current, complete and accurate personal information when prompted and we will reject and delete any entry that we believe in good faith to be incorrect, false, falsified, or fraudulent, or inconsistent with or in violation of the Privacy Policy. We will provide you with an opportunity to give your consent in relation to your use of the Service. Separate from such consent, your access or use of the Service will be construed as your acceptance of the Privacy Policy and of our collection, use, disclosure, management and storage of your personal information as described below. We may, from time to time, transfer or merge any personal information collected off-line to our online databases or store off-line information in an electronic format. We may also combine personal information we collect online with information available from other sources, including information received from our affiliates, marketing companies, or advertisers. This Privacy Policy covers all such personal information and will remain in full force and effect as long as you are a user of the Service, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason. I N F O R M AT I O N T H AT W E C O L L E C T Personal Information We may request that you supply us with personal information, such as your name, e-mail address, mailing address, home or work telephone number in the course of you accessing or using the Service, such as via registration forms, surveys, and polls. In each such case, you will know what categories of information we collect because you will actively provide the information to us. You may not be able to fully utilize all of the features or components of the Service if you choose not to provide certain information. If you do choose to give us personal information through the Service, we will collect and retain that information. Non-Personal Information When you use the Service, we may also collect non-personal information. We consider non-personal information to be information that, by itself, cannot be used to identify or contact you personally, such as demographic information (your age, gender, income, education, profession, zip code, etc.). Non-personal information may also include technical information,