These Terms of Use (“Terms”) form a binding agreement between Samsung South Africa (Pty) Ltd (“Samsung”) and any person who uses, or accesses the Samsung Blog and website currently located at: http://www.samsungblog.co.za.
For purposes of interpreting these Terms see the interpretation rules below. In addition to those rules, the following words must be read as having the following meanings:

• “use” includes, any of the following actions: accessing or viewing the content on the Blog, for any reason and/or creating; posting; copying, editing or otherwise contributing content to the Blog.
• “content” includes, material in any form or of any kind, including text, files, documents, software, code, videos, photos or other multimedia works.
• “post”, “posted” or “posting”, read as a verb, includes, submitting, uploading, creating posting, transmitting, disseminating, sharing, storing, copying or otherwise making content available on the Blog.
• “user” includes persons who merely visit the Blog as well as persons who post content, whether as a registered member or otherwise, and includes Samsung employees.

Nature and Purpose of this Blog

This Blog is meant to enable Samsung’s South African customers and employees to share experiences about Samsung and its products, along with other exciting developments in the mobile phone & services industry. (If you live outside South Africa, you are invited to visit and use your specific Samsung Country Blog.)

You may only use the content on this Blog for the purposes stated above.

This Blog contains amongst others the intellectual property rights of Samsung and its affiliates, including, copyright and trade marks. No portion of this blog may be copied or disseminated without Samsung’s prior written consent.

Prohibited Content and Conduct

While Samsung respects and encourages the constitutional right to freedom of speech and expression, in the interest of all users the following content may not be posted on the Blog under any circumstances. (This prohibition applies regardless of whether you are posting content created by someone else.)

• Content that is, or can generally be considered, or is in Samsung’s sole discretion, obscene, sexually explicit or pornographic.
• Content that is illegal or unlawful.
• Content that you know to be false, or is designed to be misleading.
• Content that is defamatory, intimidating, harassing, hateful, injurious, racist, sexist, abusive, malicious or threatening to any person or group of persons.
• Content that incites hatred or violence.
• Content that is frivolous, unreasonable, vexatious or posted in bad faith.
• Content that infringes or may infringe the intellectual property rights of any person or legal entity. This includes content that you didn’t create or which you do not have permission to post.
• Content that constitutes or may constitute an invasion of the privacy rights of any person.
• Content that constitutes, or may constitute, the wrongful or unlawful disclosure or publication of confidential information or trade secrets.
• Content that is otherwise injurious to any person.
• Content not expressly authorised by Samsung that endorses, offers or promotes any product/services for commercial purposes.
• Content that contains viruses, worms or other destructive code.
• Content that may expose Samsung or any other users to harm or liability of any type.
  Prohibited conduct
  You may not use the Blog to do any of the following (whether for yourself or on behalf of any other person):
• Impersonate any person or your affiliation with any person.
• Harass or intimidate any person.
• Collect the personal information of any person.
• Post spam.
• Any action that may expose Samsung or any other users to any harm or liability of any type.

When commenting on any product or service you should only make comments that are true or amount to fair comment and that are in the public interest. If you fail to do this you may be held liable for defamation by causing harm to a person or legal entity’s reputation. If you are unsure whether your conduct/content will amount to defamation, infringement or cause any harm, do not post it, or obtain legal advice first. Samsung is not in a position to assess whether this is the case and cannot advise you on this.

Any product or service complaints about Non-Samsung products must be directed to the product or service provider in question. In order to ensure resolution, products/service complaints about Samsung should be directed to the correct channels within Samsung.

Samsung reserves the right to remove any prohibited content with immediate effect.
Samsung also reserves the right to suspend or terminate your right to use the Blog with immediate effect, if you are suspected of, posting prohibited content or performing any of the prohibited acts.

By posting content on the Blog, you warrant and represent that you either created, own or otherwise have the right to use or post that content.

You warrant that any content that you post does not infringe any party’s intellectual property or personal rights, including, but not limited to, their patent, copyright, trade mark, trade secret, privacy or other personality rights, or that your use of the content or posting thereof, constitutes fair use or fair comment or truth that is in the public interest.

License

By posting content on the Blog, you grant Samsung a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Blog and compiling information on its products or services.

Registration

When you register to use the Blog you must provide information that is true and accurate. You must keep this information up to date.

By registering to use the Blog you warrant that you are over the age of 18, alternatively, you confirm that your parent or legal guardian has agreed to your use of the Blog.

How we protect your user information

If you choose to remain anonymous Samsung will not disclose your identity.

We will not disclose your personal information to third parties, unless you have agreed to this.

If required, Samsung will disclose your information and identity to law enforcement authorities or other agencies or where required in law.

Your login details & duty to logout

You agree to keep your login details secret, including your username and password. You must not give third parties access to your account or login details. You must logout after each session to prevent other persons from accessing your account. It is your responsibility to immediately change the password we have issued you.

Because we deal with each other in a non-face to face environment we are entitled to assume that any content posted on the Blog after login with your username and password, was posted by you or with your consent.

Samsung’s role and responsibilities

Samsung merely provides a Blog for the use and enjoyment of its users.

Samsung does not screen users, either prior to, or after, registration.

Samsung reserves the right to monitor, delete or modify any of the content posted on the Blog from time to time, and to perform checks on users.

You are solely responsible for your interactions with other users. Samsung respects the rights of all persons and requires that its users do the same. If you believe that any person is acting inappropriately or performing any of the prohibited acts or posting prohibited content, you may contact us to report the matter. Complaints that are frivolous, unreasonable, vexatious or in bad faith will not be entertained. While we will make all reasonable efforts to investigate and resolve any complaints, Samsung has no obligation, to monitor or become involved in disputes between users and any other persons, including other users. Notwithstanding the foregoing Samsung reserves the right to monitor, or participate in such disputes.

Notwithstanding the fact that Samsung may monitor, delete or modify content, from time to time, all content posted by users shall remain the sole responsibility, and opinion of the person who posted that content. Any opinions expressed by users about any person or product shall therefore remain the sole opinion of that individual and should not be regarded as representing or expressing the views or opinions of Samsung, whether or not Samsung has viewed or had an opportunity to view that opinion or content. Our publication of any content posted by any user on the Blog does not amount to an endorsement of any kind.

Before relying on any product information you should check the accuracy thereof by contacting the manufacturer or distributor directly.

While Samsung will regularly back-up Blog data, and endeavour to recover data that is lost, Samsung is not obligated to do so. The availability of the Blog and its content, including data stored by users cannot be guaranteed.

Samsung reserves the right to discontinue the Blog at any time.

Samsung may terminate your right to use the Blog

Samsung may terminate your right to use the Blog, without notice to you, and with immediate effect, should you breach any of these Terms or be suspected of such a breach.

Disclaimer of Warranties and Limitation of Liability

Nothing on the Blog constitutes an offer.

You agree that Samsung will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of your use of, or reliance on any content posted on this Blog.

Samsung is not liable to any person for any losses or damages that arise, directly or indirectly, from any content appearing on, or originating from this Blog, or the actions or omissions of any users of this Blog or Samsung in regard to this Blog.

This Blog is provided on an “as is” and “as available” basis. Samsung makes no representations or warranties of any kind, express or implied, as to the Blog’s operation or the content included on the Blog. Samsung cannot and does not verify the accuracy, truth, ownership rights or nature of any content its users submit.

Samsung will not be liable for any damages of any kind arising from the use of, or inability to use the Blog.

To the full extent permissible by law, Samsung disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose.

Information transmitted via the Internet, or stored for display on the Internet is susceptible to unlawful interception and monitoring. By using the Internet you alone accept the risks associated with unlawful interception and monitoring.

User Indemnity

You agree to defend, indemnify, save and hold harmless Samsung from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("liabilities") asserted against Samsung that may arise or result from your use of the Blog, or that was caused directly or indirectly by you or any person who you allow to access the Blog, whether by posting content on the Blog, or otherwise. Without derogating the foregoing, should threatened or actual litigation arise as a result of your use of the Blog you agree that Samsung shall in it’s sole discretion have joint control over such litigation. No undertakings, settlements, public communications or statements which refer to or implicate Samsung, directly or indirectly, shall be issued or given without the prior written consent of Samsung.

No responsibility for Third Party: Websites, Content and Charges

From time to time Samsung may provide links or access to third party websites and content. Samsung is not responsible for such third party websites or content or actions. Samsung does not provide warranties of any kind as to such third party websites or content or the operators of such websites or content.

Third parties may levy additional charges for using or accessing any of the content made available on the Blog, including, cellphone or content service providers. It is your responsibility to check such charges before downloading such content onto any device. You agree that you must independently evaluate and assess such content.

You will bear all risks associated with the use of any content. If you download any software via the Blog, you will be bound to the Software License Agreement.

We may modify these Terms

Samsung reserves the right to change, at any time, at our sole discretion, these Terms. You are responsible for regularly reviewing these Terms. Such amendments will be binding on all persons who use the Blog. A certificate issued by the Webmaster will serve as prima facie proof as to which version of the Terms applied at a specific date, or which content was posted on the Blog at a specific date.

General

Interpretation

Unless otherwise specified:

• the terms "includes" and "including”, include the term "without limitation" immediately thereafter;
• the term “person” refers to natural and legal persons or groups of persons;
• the singular includes the plural, and vice versa;
• words that have been defined in these Terms will have the meaning attributed to them in these Terms, unless the context clearly indicates otherwise;
• references to Samsung, shall where necessary to limit its liability or enforce its rights, include, its service providers, agents, its clients, its servants, officers, shareholders, directors and employees.

Entire Agreement

These Terms constitute the entire agreement between you and Samsung regarding the use of the Blog and supersedes any prior agreements between us. If you download any Software via the Blog, the license agreement applicable to such software shall also apply to you.

Non-Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver. If any provision of these Terms is held to be invalid, unlawful, void or unenforceable, the remainder of these Terms shall continue in full force and effect and the offending provision shall be deemed severable from these Terms.

Governing Law

The laws of the Republic of South Africa shall apply.