S-Printing Service Terms and Conditions
These terms and conditions ("Terms and Conditions") govern and regulate the use of the services and applications (each, a "Service", and collectively, the "Services") provided to users ("You", "Your" or "Users") by S-Printing Solution Co., Ltd. (“S-Printing”) and/or its subsidiaries and affiliates (collectively, "Subsidiaries") and described in more detail at [https://www.samsungcloudprint.com/terms.html?loc=en_US] (the "Website").
You may use the Services to locate, browse and download applications, data files and other content, some of which may be offered by S-Printing or its Subsidiaries and some of which may be made available by third parties that are not affiliated with S-Printing (collectively, "Third Party Product"). You agree that S-Printing and its Subsidiaries are not responsible for any Third Party Product and make no representations or warranties relating to such Third Party Product, and You access such Third Party Product at your own risk. You also acknowledge and agree that additional policies, terms, conditions and licenses ("Special Terms") may govern your use of a particular Service or Third Party Product, in which case such Special Terms shall supplement these Terms and Conditions with respect to Your use of such Service or Third Party Product. You agree to abide by such other Special Terms, including where applicable representing that you are of sufficient legal age to use such Service or Third Party Product. In the event of a conflict or inconsistency between these Terms and Conditions and any such Special Terms, the Special Terms shall prevail with respect to Your use of that part or feature of the particular Service or Third Party Product giving rise to the conflict or inconsistency.
You may not Use the Services if You are a (a) person who is not of legal age to form a binding contract with S-Printing or (b) person who is barred from receiving the Services under the laws of any country including the country in which You are a resident or from which You are using the Services. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC ASSENT CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND HONOR ALL TRANSACTIONS YOU ENTER INTO.
How You may accept the Terms and Conditions,
How S-Printing may change the Terms and Conditions, and
How You or S-Printing may terminate Your account
1. Acceptance of the Terms and Conditions
1.1. Before You are permitted to Use the Services You are required to accept the Terms and Conditions and any Special Terms, as the case may be. Terms and Conditions and any Special Terms may be accepted by clicking the "accept" button if such button or function is available or present via the user interface for the respective Service.
1.2. You also accept the Terms and Conditions or any Special Terms when You access or actually start to use the Services. In this case You understand that You are bound by and S-Printing will treat You as being bound by the Terms and Conditions from the moment You access or start using the Services.
2. Changes to the Terms and Conditions
2.1. S-Printing reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of these Terms and Conditions at any time.
2.2. When S-Printing amends these Terms and Conditions, we will revise the “last updated” date located at the bottom of these Terms and Conditions. For changes that we consider to be material, we will place a notice on the Website by revising the link on the homepage to read substantially as “Updated Terms and Conditions” for a reasonable amount of time. If you provide information to us or access or use any S-Printing Service in any way after these Terms and Conditions have been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions.
3.1. As long as You comply with these Terms and Conditions, S-Printing grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
3.2. You close Your Account at any time.
3.3. You agree that S-Printing may stop (permanently or temporarily) providing any or all of the Services (or any features within the Services) to You or to users generally at S-Printing’s sole discretion, without prior notice to you.
3.4. Without limiting the generality of the foregoing, S-Printing is entitled to disable your account at any time and without observing any notice period if:
a. You are in breach of these Terms and Conditions;
b. You have clearly demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with these Terms and Conditions;
c. S-Printing, (including S-Printing's Subsidiaries) or any supplier or partner of S-Printing providing the Services to or together with S-Printing decide to terminate the provision of the Services or any parts thereof (either worldwide or in the country where You are a resident or from where You are Using the Services) or if any supplier or partner of S-Printing decides to terminate the entire relationship with S-Printing and regardless of the reason of such termination, including where S-Printing or any supplier or partner of S-Printing are of the opinion that the provision of the Services or parts thereof to You or to S-Printing or together with S-Printing are no longer commercially feasible; or
d. S-Printing (including S-Printing's Subsidiaries) or any supplier or partner of S-Printing providing the Services to or together with S-Printing are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful).
3.5. The termination of this Agreement shall have no prejudice to any rights, obligations and liabilities that You or S-Printing have accrued or incurred during the term of this Agreement.
3.7. You agree that if S-Printing disables access to your account, you may be prevented from accessing the Services, your account details or any files, "User Content" (as defined herein) or Third Party Products that are stored with your account. S-Printing may in its sole discretion, however, allow You to backup Your User Content stored with S-Printing through the Use of the Services. You understand that S-Printing may delete Your User Content after a reasonable backup period has lapsed ("Backup Grace Period"). Different Backup Grace Periods may apply depending on the specific Service and the efforts required to backup the particular User Content.
How You may Use the Services and
How S-Printing may use Your content or how You may use S-Printing's content
4. Provision of the Services and limitations of usage
4.1. The Services are provided to You by S-Printing and S-Printing's Subsidiaries.
4.2. Unless otherwise specified in these Terms and Conditions or any applicable Special Terms, You are permitted to, and You agree that You will, (1) use the Services for personal and non-commercial use and purposes only, (2) not reproduce, duplicate, copy, sell, trade or resell any of the Services or parts thereof, (3) not remove any proprietary notice language corresponding to the Services, and (4) make no modifications to any such Services.
4.3. You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any S-Printing server, or to any of the services offered on or through the Services, by hacking or any other illegitimate means.
4.4. When You Use the Services You will at all times observe these Terms and Conditions and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where You are a resident or from where You are using the Services.
4.5. S-Printing may at any time and in its sole discretion without prior warning or notice:
a. change the Services or suspend and/or cease providing the Services or any part of the Services;
b. disable or suspend Your Use of the Services including access to Your User account(s) and any files or other content contained in Your account(s) either temporarily or permanently;
c. set a limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to You; and
d. pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services.
4.6. From time to time, S-Printing may discover a Third Party Product accessible through the Services that violates the legal agreements developers enter into with S-Printing or it Subsidiaries, laws, regulations or other policies. You agree that in such an instance S-Printing retains the right to remotely remove any such Third Party Product from your device in its sole discretion.
4.7. You are not permitted to Use any of the Services (including any attempts to do so) other than through the interface made available to You by S-Printing and You will not Use the Services (including any attempts to do so) through any automated tools (including software and/or hardware), functions, services or otherwise (including scripts or web crawlers).
4.8. You will comply with and follow all instructions made available to You by S-Printing in connection with the Services and You will not engage in any activity that may cause interference with or disruption to the Services or any servers, networks or other equipment connected to the Services.
4.9. Some of the Services can be used or are particularly useful when used over mobile networks. You should be aware that Your network provider may charge You for access to its network, the duration of Your mobile phone's/ mobile device's connection to the network and the data volume used to use the Services or Third Party Products. You are entirely responsible to check with Your network provider whether any such costs may apply before using the Services or Third Party Products in this respect.
4.10. S-Printing Solution does not guarantee that the Services are available in all languages/countries.
4.11. You may be subject to restrictions if You don't use a genuine printer for each service.
4.12. You can download a free or paid app from some of the Services and shall follow the ordering process as set out by S-Printing Solution in a normal and legitimate way guided by the Services.
5.1. You agree that S-Printing, as part of the Services, places or displays to You advertisements, promotion materials or other content and materials or products for promotional purposes.
5.2. S-Printing will contact or send You marketing communications such as special offers, membership benefits and newsletters where You have opted to receive such information and communication, for example, when You registered for the Services.
6. Software and software updates and updates to the Services
Services originating from S-Printing may communicate with S-Printing servers from time to time to check for available updates, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Software Updates"). By using or installing these Services and/or Third Party Products, You agree to such automatically requested and installed Software Updates. Such Software Updates may be in various forms and are generally provided for the purposes of improving the performance, security and reliability of the Services or the applicable Third Party Product or the device used to access the Services..
7. Content provided in the Services and content rights
7.1. All content that is made available in the Services or accessible as part of or by the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is entirely the responsibility of the originator of such Content. The Content may include, without limitation, advertisements, promotional material, sponsored elements or other material.
7.2. The Content may be protected by proprietary or intellectual property rights of third parties (such as partners, advertisers and sponsors or their agents who provide such Content to S-Printing). You are not permitted to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) or to grant licenses in the Content.
7.3. You understand that by using the Services You are exposed to the risk that You may find some Content offensive, indecent or objectionable and that any Use of the Services as regards such exposure is entirely at Your own risk.
8. User Content and User Content License
8.1. By uploading, transmitting, creating, posting, displaying or otherwise providing any information, materials, documents, media files or other content on or through the Services ("User Content") You hereby grant S-Printing and S-Printing's Subsidiaries an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, digitize, publish, publicly perform and publicly display the User Content ("User Content License") to the full extent necessary to provide the Services.
8.2. The User Content License shall include a right for S-Printing and S-Printing's Subsidiaries to (a) perform all technical steps necessary to process and prepare the User Content for use in the Services, including any modification and/or adaption required to provide the Services to Users and/or to transmit or distribute the User Content over public networks and in media and (b) make available and sublicense the User Content to third parties for the use of the User Content in connection with the provision of the respective Services by these third parties.
8.3. S-Printing does not claim ownership of the User Content and You will retain any copyright and any other rights to any User Content provided by You on or through the Services.
8.4. Any protection and enforcement of any intellectual property rights which exist or pertain to the User Content are entirely Your responsibility and S-Printing is not obliged to protect and enforce the User Content on Your behalf.
8.5. You are entirely responsible to backup Your User Content stored with S-Printing or through the Services to another location outside the Services (e.g. by means of creating local copies or backups with specialized online backup services) to avoid loss of Your User Content and other data.
8.6. If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a "Submission" and collectively, the "Submissions") despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. "Submissions" are separate and apart from User Content. None of the Submissions shall be subject to any obligation of confidence on the part of S-Printing, and S-Printing shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by S-Printing without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and You hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of Your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. S-Printing shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according You any compensation or credit. By submitting a Submission to any S-Printing Service or S-Printing, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions will not be acknowledged or returned. You agree and understand that S-Printing is not obligated to use any Submission you make to any S-Printing Service or S-Printing and you have no right to compel such use. You hereby acknowledge and agree that Your relationship with S-Printing is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to S-Printing does not place S-Printing in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that S-Printing has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by S-Printing’s own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects. You acknowledge and agree that You will not be entitled to any compensation as a result of S-Printing’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a S-Printing 's actual or alleged exploitation or use of any material You submit to any S-Printing Service and/or S-Printing, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and Your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Solely to avoid undue repetition, references to "S-Printing" in this subparagraph shall be deemed to include S-Printing Subsidiaries.
9. S-Printing Services License
9.1. As between You and S-Printing, S-Printing owns all right, title and interest in and to the Services, including without limitation all applicable intellectual property rights or other proprietary rights in such Services, regardless of whether registered/legally secured or not.
9.2. Except for the rights granted to You in these Terms and Conditions and any Special Terms, S-Printing retains all rights in or pertaining to the Services.
9.3. You are not permitted to (a) grant any other User or third party a license to Use the Services or otherwise to access Your account or the Services, (b) Use the Services to provide services to other Users or any other third parties or (c) otherwise assign, grant a sublicense in, or grant a security interest in or over the S-Printing License or any rights under it, loan or lease the Services and/or the S-Printing License, or otherwise transfer the S-Printing License or any rights under it to any third party.
9.4. You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of S-Printing Services (or any part of it), unless expressly permitted by S-Printing in writing, or to the extent permitted under the laws applicable to You, and You will not permit or grant a license to any third party to do so.
10.1. You are not entitled to use any of S-Printing's (including S-Printing's Subsidiaries) trade names, trademarks, service marks, logos, domain names, or other distinctive brand features ("S-Printing's Brands") without S-Printing's prior written consent. To the extent that You are entitled to use S-Printing's Brands under a separate written agreement with S-Printing, such use is only permitted in accordance with such separate agreement.
10.2. You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, service marks, trade names, logos or other marks of S-Printing, S-Printing's Subsidiaries or any third party (including copyright and trade mark notices) which pertain to, are affixed to or which are contained within the Services and You agree not to use any such signs, trademarks, service marks, trade names, logos or other marks of S-Printing, S-Printing's Subsidiaries or any third party in a way that is intended to, likely to or foreseeable to mislead others or cause confusion about the owner, license holder or authorized User, as the case may be, of such marks, names or logos.
What You should know about your Registration Data and Account Data
11. Registration and Account Data
11.1. Certain Services or functionality offered on or through the Services may require You to register and open an account (including setting up a User ID and password ["Account Data"]). You agree to provide accurate, complete and up to date information when you register ("Registration Data"). You agree that S-Printing may store and use the registration data you provide for use in maintaining and billing fees to your account. You are entirely responsible for maintaining the confidentiality of your Account Data, and for any and all activity that occurs under your account. You agree to notify S-Printing immediately of any unauthorized use of your account or Account Data.
11.2. You will keep your Account Data safe and secure at all times and prevent unauthorised access to your Account Data and your account by third parties, in particular by avoiding obvious User IDs or passwords, by changing your password regularly and by ensuring that you do not disclose your password(s) or grant any other User or third party access to your Account Data or your account.
11.3. S-Printing may regard any instructions to be from You if they are received from or issued by a User or third party using or providing your Account Data.
11.4. You agree not to use any Account Data or account of any other User or person than Yourself without permission of the User or person holding the respective account.
11.5. You will notify S-Printing immediately at firstname.lastname@example.org upon becoming aware of any unauthorized use of any of Your Registration Data or Account Data or any other breach of security.
11.6. You can access and change Your Registration Data or Account Data at any time by either accessing the respective S-Printing account application on your device or by visiting [http://account. samsung.com/membership].
11.7. If the information You provided is incorrect, inaccurate or incomplete, S-Printing Solution may restrict Your rights to some or all of the Services.