24th April 2017
Welcome to Samsung SmartLab Plus!
PLEASE READ THESE TERMS AND CONDITIONS FOR SAMSUNG SMARTLAB (“
Terms”) CAREFULLY BEFORE USING SAMSUNG SMARTLAB (the “Site”). The Site is an online portal that consists of communities which are online discussion sessions and quantitative surveys (“Communities”) with participants who may join as long as they meet pre-defined screening criteria (“you”, “your” or “Users”) . The Site is operated by SAMSUNG ELECTRONICS (UK) LIMITED, a company registered in England and Wales under number 03086621 whose registered office is at Samsung House, 1000 Hillswood Drive, Chertsey, Surrey, KT16 0PS (“Samsung”, “we” or “us”).
It is important that you take the time to read these Terms. These Terms and any of the documents referred to herein form the legally binding agreement between you and Samsung relating to your use of the Site (“
If you don’t want to be bound by these Terms, you should not use the Site. We may update these Terms from time to time, so please check back regularly. If we do this, we will post the changes on this page and will indicate at the top of this page the date the Terms were revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
Privacy and Registration
- All members of the public are eligible to apply to participate in one or more Community at a time provided:
- they are over 18 years old;
- do not work in a business that competes with Samsung or the marketing industry in general; and
- speak the site language.
User Submissions and Acceptable Use
- In order to participate in a Community, You may be required to open a User account with an Email address and password ("Account Data"). You agree to provide accurate, current and complete information about Yourself and to update such information as required in order to keep it accurate, current and complete. You must keep your Account Data safe and secure at all times and prevent unauthorised access to your Account Data and your User Account by third parties.
- You must notify Samsung immediately by email to (email@example.com) if you become aware of any unauthorized use of any of Your Account Data or any other security breach.
- By submitting any material to the Community or the Site generally (“User Submissions”), you hereby grant (and you hereby warrant that you have the full authority together with all necessary consents to grant) us, irrevocable, perpetual, non-exclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform User Submissions in connection with our business. We further retain the right to User Submissions even after they have been removed from the Site.
- You are solely responsible for all and any of your User Submission. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on the Site will violate or infringe upon the rights of any third party, including copyright, trademark or other intellectual property rights, privacy, publicity, confidentiality or other personal or proprietary rights, or contain libellous, defamatory, discriminatory, obscene or otherwise unlawful material.
- We are not responsible for User Submissions and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by you and edit or remove any content from the Site in our absolute discretion. No failure to remove particular material shall constitute its endorsement or acceptance by us. If you have any claim arising from the actions or statements of another User, you agree to pursue such a claim only against that User and not us.
- You agree not to use the Site to:
Disclaimer and Liability
- harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited communication;
- utilise the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Site;
- upload, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, fraudulent, invasive of privacy or publicity rights, or racially, ethnically or otherwise objectionable;
- upload, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," or any other form of solicitation;
- upload, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
- upload, post or e-mail any content that infringes any intellectual property rights of any party; and
- solicit any business from other Users.
- We do not guarantee, represent or warrant that your use of our Site will be uninterrupted or error-free. While we endeavour to ensure that our Site is normally available 24 hours a day, we shall not be liable if for any reason our Site is unavailable at any time or for any period. Access to our Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- You expressly agree that your use of, or inability to use, our Site is at your sole risk. The material on our Site is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with our Site on the basis that we exclude all representations, conditions and other terms and expressly disclaim any warranty of any kind, either express or implied, including all implied warranties of satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security, title and non-infringement which, but for these Terms, might have effect in relation to our Site.
- In no case shall we, any other party (whether or not involved in creating, producing, maintaining or delivering our Site), any of the Samsung Electronics group of companies or any other company under the Samsung brand (“Samsung Group Companies”), nor any of such companies' directors, officers, employees, agents, affiliates, contractors or licensors be liable to you or any third party for any direct, indirect, incidental, punitive, special or consequential loss or damages including without limitation any loss of use, profits or data arising from your use of our Site or for any other claim related in any way to your use of our Site including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of, or inability to use, any content posted, transmitted or otherwise made available via our Site or from the conduct of any users of our Site, whether online or offline, the deletion of your data, information or content stored on our Site, even if advised of their possibility, whether such losses or damages arise in contract, negligence, tort or otherwise.
- We do not represent or guarantee that our Site will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and we disclaim any liability relating thereto. You shall be responsible for backing up your own system and if your use of material on our Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
- We may make changes to the material on our Site, or to the products and any prices described in it, at any time without notice. The material on our Site may be out of date, and we make no commitment to update such material.
- Nothing in this Agreement shall act to exclude or limit our liability for death or personal injury caused by negligence, fraud, misrepresentation as to a fundamental matter or any other liability which may not by applicable law be excluded or limited.
- If you are dissatisfied with any part of our Site or with these Terms, your sole and exclusive remedy is to discontinue using our Site.
- By using our Site, you agree to indemnify and hold us, any of the Samsung Group Companies, and any of such companies' directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of our Site, any action taken by us as part of our investigation of a suspected breach of these Terms or as a result of our finding or decision that a breach of these Terms has occurred.
- Samsung and/or any supplier or licensor of Samsung are the owners and shall be entitled to all proprietary rights which may exist in all content made available to You in the Site (“Contents”), including all legal right, title and interest in and to the Contents, and all intellectual property rights worldwide, regardless of whether registered/legally secured or not.
- You are not entitled to use any of Samsung's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features ("Samsung's Brands") without Samsung's prior written consent. To the extent that You are entitled to use Samsung's Brands under a separate written agreement with Samsung, such use is only permitted in accordance with such separate agreement.
- Any rights not expressly granted in these Terms are reserved.
- Links to third party websites on our Site are provided solely for your convenience. If you use these links, you leave our Site (linked sites will generally open a new window, our Site remaining open). We have not reviewed all of these third party websites, do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our Site, you do so entirely at your own risk.
Breach of Terms and Termination
- The Site may contain information which is confidential to Samsung including, without limitation, all information designated as confidential or recognisable as trade or business secrets or for other reasons recognisable or made available to You as confidential.
- Unless stated otherwise in these Terms, You will (a) keep such information confidential for an unlimited period of time and not disclose such information without Samsung's prior written consent and (b) neither record or otherwise utilise such information unless required for the purposes of this Agreement.
- Clause 8.2 shall not apply in the event that You are required to disclose information which is confidential to Samsung according to applicable law. In this case and to the extent permissible by applicable law, You will notify Samsung immediately of any disclosure of any information which is confidential to Samsung.
- We may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any platform application and/or prohibit you from using or accessing the Site or any platform application for any reason, or no reason, at any time in our sole discretion, with or without notice.
- We may terminate the use of the Site, in appropriate circumstances and at our sole discretion, by users who infringe the Terms in any way. We reserve the right to report any illegal activity or use of Site to the appropriate authorities without notice to the user.
- These Terms are between you and us and are governed by and shall be construed in accordance with the laws of your country of residence. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of your country of residence.
- No failure to exercise or any delay in exercising any right under these Terms shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right under these Terms shall prevent any further or other exercise thereof or the exercise of any other right.
- You agree that we may sub-contract the performance of any of our obligations or may assign this Agreement or any of our rights or obligations hereunder without giving you notice. We will not be liable to you for any breach of these Terms which arises because of any circumstances that we cannot reasonably be expected to control. The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement. If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.