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Samsung ARTIK.IO Website Terms of Use

Last Updated: November 14, 2016

Welcome to Samsung ARTIK website. Samsung Semiconductor, Inc., together with its affiliates (“Samsung“) “we,” “us” or “our” is offering software, development tools, hardware, specifications and other products and services for the development of Internet of Things (“IoT“) products and services that are compatible with our ARTIK hardware and software platform and related services (“Services“). The ARTIK website, located at https://artik.io/ (the “Site“) is provided by Samsung to the person accessing the Site (“you,” or “your“).
 
1. You Agree to These Terms by Using the Site

Please read these Terms of Use (“Terms”) carefully. They are a legal agreement between you, or, if applicable, the entity that you represent, and Samsung, that govern your use of the Site. By accessing and using the Site, you accept, without limitation or qualification, these Terms. Certain services may be governed by other terms and conditions that are specific to those services. This includes, but is not limited to, the Samsung ARTIK Cloud Platform. In those cases, you should make sure you read and understand those terms and conditions. Samsung may, at any time and without notice, modify these Terms by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms. You may not modify these Terms except in a written instrument signed by Samsung. If you do not agree and accept, without limitation or qualification, these Terms, you must not use any features of our Site and exit the Site immediately.

2. Permitted Use of the Site

The information and materials on the Site are provided for general informational purposes for your personal, noncommercial use. You may use the Site solely for the purpose of learning about Samsung services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site (“Materials“) for any other purpose. Any unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and communications statutes. Certain Services may be governed by other terms and conditions that grant you broader rights of use, subject to those terms and conditions. In those cases, you should make sure that you read and understand those other terms and conditions.

Certain areas of this Site are password restricted to authorized users (“Restricted Areas“). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for the confidentiality of your password and account information, and agree to notify us immediately if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password protected account whether or not you are the individual who undertakes such activities. You agree to immediately notify Samsung of any unauthorized use of your account or any other breach of security in relation thereof known to you.

You acknowledge that this Site may include certain inaccuracies or typographical errors which may affect the quality of Materials and third-party content. You acknowledge that the Materials or any third-party content may not have been independently verified or authenticated in whole or in part by Samsung, and agree that Samsung does not warrant the accuracy or timeliness of Materials or the third-party content, and further agree that Samsung has no liability for any omissions in the Materials and content, whether provided by Samsung or any third-party.

3. Forums

If you decide to become a member of our Site, you may participate in the available ARTIK forums and blogs (“Community“). If you decide to participate in the Community, you hereby agree to abide by the following rules:

  • Samsung is under no obligation to you or any other person to oversee, monitor or moderate the Community. However, should we become aware of any content that we deem inappropriate, we reserve the right to remove, or to disable access to, any posted contribution. Inappropriate content, includes but it not limited to content that we believe may be potentially defamatory of any person, unlawful or in violation of any third party rights. Samsung expressly excludes liability for any loss or damage arising from the use of the Community.
  • Please note that your contribution to the Community may become publicly available, and we may provide information about you such as your user name, the number of posts you have contributed, joining date, and location.
  • You may not:
    • Post content that violates or infringes anyone’s intellectual property or other rights.
    • Post content that is false, misleading, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts, or degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
    • Pretend to be somebody else, including but not limited to Samsung, or misrepresent your identity or affiliation.
    • Solicit personal information from anyone under 18 years old.
    • Use our Community or Services for commercial purposes or insert your own or a third party’s advertising, branding or other promotional content into the of the Services without our written consent.
    • Use our Services for any illegal or unlawful purposes or to further any illegal activity.
    • Transmit spam, bulk or unsolicited communications.
    • Forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services.
    • Post content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    • Harvest or collect email addresses or other contact information of other users from the Services or our website by electronic or other means.
    • Interfere with the use of the Services by others.
    • Circumvent, modify, attempt to circumvent or modify or encourage any other person to circumvent or modify any security technology or software that is part of the Services.
    • Attempt to frame or redistribute the Services.
    • Modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any legends, notices, or markers, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted in these Terms.
4. Submissions

While we welcome all suggestions, feedback and contributions to our Community, we cannot accept or consider creative ideas, designs, photographs, drawings, or original artwork, suggestions for new products or product improvements, suggestions for technologies, methods, techniques, processes, inventions, marketing plans, or any materials other than those it has specifically requested (“Unsolicited Submissions). We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Samsung’s or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any Unsolicited Submissions.Both solicited and Unsolicited Submissions, including but not limited to any contributions to the Community (collectively “Submissions“) will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of Samsung, and Samsung shall not be liable for any use or disclosure of any Submissions. If you choose to provide any Submissions, you agree that we are free to use them for any purpose without any restriction or compensation to you. Our use of such information may include but is not limited to developing, manufacturing and marketing products. By accepting your Submission, Samsung does not give up any rights to use similar or related feedback, ideas, concepts, know-how, techniques or other information previously known to us, or developed by our employees, or obtained from sources other than you.You hereby grant Samsung a non-exclusive, perpetual, worldwide right, royalty free, transferable, sublicensable right and license to use, make, have made, sell, have sold, export, reproduce, perform, create derivative works from, distribute and otherwise exploit any Submission without according you any compensation or credit. By making a Submission, you represent that you own or have sufficient rights to such Submission to grant us the license above. You hereby acknowledge and agree that your decision to submit any Submission to Samsung does not place Samsung in a position that is any different from the position held by members of the general public with regard to your Submission.

Notice; Electronic Communications

When you visit the Site or send e-mails to Samsung, you are communicating with us electronically. You consent to receive communications, including advertisements and other promotional or informational communications, from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Privacy
Our Privacy Policy, located at https://www.artik.io/privacy-policy, explains how Samsung handles personal data and information (“Personal Information” as defined in the Privacy Policy) and protects your privacy when you use the Site or the Services. By using the Site or the Services, you agree that any Personal Information that you provide to us is subject to our Privacy Policy, which is incorporated by reference into these Terms, including your agreement to the transfer of your Personal Information to the United States for processing by Samsung and its third party providers to enable us to provide Services to you and otherwise to comply with our legal or regulatory requirements or legitimate business interests. Certain services may be governed by other privacy policies that are specific to those services. This includes, but is not limited to, the Samsung ARTIK Cloud Platform. In those cases, you should make sure you read and understand those privacy policies. 
 
6. Disclaimer

THE SITE AND ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.Samsung does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Samsung does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Samsung does not make any warranties or representations regarding the security of your Personal Information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

7. Indemnification
You agree to indemnify, defend, and hold harmless Samsung, and its respective officers, directors, employees, agents, licensors and partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or arising out of any violation of these Terms by you or any other person accessing the Site using your internet account.
 
8. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SAMSUNG, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ANY RELATED SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SAMSUNG HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOUR UNDERSTANDING, ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE ARE THE LEGAL BASIS AND CONSIDERATION FOR YOUR USE OF THE SITE AND ANY RELATED SERVICES. In no event shall Samsung’s total liability to you under these Terms for all damages (other than as may be required by applicable law in cases involving personal injury) exceed fifty United States dollars (US$50.00). Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
 
9. Third-Party Links

In an attempt to provide increased value to our visitors, Samsung may link to sites operated by third parties. Samsung has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Samsung. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Samsung expressly disclaims any responsibility for such sites.Samsung does not endorse the content, or any products or services available, on such sites. Nonetheless, Samsung seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

10. Trademarks
Samsung trademarks may not be used without our prior written consent on any product or service, except our own.
 
11. Copyright

Copyright © 2016, Samsung Semiconductor, Inc.All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Samsung or its content suppliers and protected by copyright laws. The compilation of all content on the Site is the exclusive property of Samsung and protected by copyright laws. All software used on the Site is the property of Samsung or its software suppliers and protected by copyright and other laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

 
12. Copyright Complaints

We will investigate claims of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA“). If you believe that any content on our Site or accessible through the Services has infringed your copyright, you may submit a written notification of claimed copyright infringement to the following Designated Agent:editor@artik.io

or

Samsung Semiconductor, Inc.
Attn: General Counsel’s Office
3655 North 1st Street
San Jose, CA 95134

To be effective, the notification must be written and include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

After removing material according to a valid DMCA notice, we will immediately notify the individual responsible for the allegedly infringing material that we have removed or disabled access to the material. Note that if you do not comply with all of the requirements of this Copyright Policy, your DMCA notice may not be valid. Only DMCA notices should go to our Designated Agent. If you send an email or notice to our Designated Agent without a proper subject line, or for purposes other than communication about copyright claims, we may not acknowledge or respond to your communication. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at artie@artik.io.

It is our policy to terminate, under appropriate circumstances, any accounts of individuals who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any access by individuals for actual or apparent copyright infringement

13. Termination

You may terminate these Terms at any time by stopping all use of the Services and the Site, and if applicable, disabling your account.Samsung may suspend or terminate your use of the Site and Services at any time if you have or we believe that you have violated these Terms.

Samsung may also terminate these Terms at any time if it is required to do so by law, makes changes to the Site or Services or decides to no longer provide the Site or Services.

14. Export Control

Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.Samsung does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.

15. Law and Jurisdiction
These Terms and your use of the Site are governed by the laws of the State of California, without regard to its choice of law provisions. The federal and state courts located within Santa Clara County in the State of California, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Site or in which these Terms and/or the Site are a material fact.
 
16. 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 website. In order to register, you must be at least 18 years old or receive your parents and/or guardians written consent.
 
17. Miscellaneous
Samsung may provide you with a translation of the English version of these Terms. This translation is provided for your convenience only. If there is any conflict between the English language version and the translation version of these Terms, to the extent permissible by applicable law, the English language version takes precedence.Failure by Samsung to exercise or enforce any legal right or remedy under these Terms will not be construed as a formal waiver of Samsung’s rights or remedies.If any provision of these Terms is held to be invalid, illegal or unenforceable (in whole or in part) as determined by a court of law having jurisdiction to decide on this matter, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.