Terms and Conditions
These general terms and conditions (“Terms”) govern your use of the Samsung Tizen Smart TV Partner Portal website (hereinafter the "Partner Portal", www.tizenpartner.com) and constitute an agreement between you and Samsung Electronics Co., Ltd. (hereinafter "Samsung").
Certain features, functionality, and Content (“Content” means any information, documents, text, images, software and other materials on the Partner Portal) may be subject to additional terms and conditions, which will be provided to you at the time those services are offered. Samsung reserves the right to modify, suspend, or remove certain features, functionality, or Content from the Partner Portal at any time.
Using the Partner Portal
A. Account
To register and use the Partner Portal, you need an approval from Samsung. To do this, you must have a Samsung account registered with your company's email.
You are solely responsible for any activity that occurs on your registered account and for maintaining the confidentiality of your password. You may not give anyone else access to your registered account.
You agree that you will provide and maintain accurate registration information and that it is your sole responsibility to do so.
Samsung may deactivate your account without notice if you have not logged in for a certain period of time or if Samsung has reasonable basis, at its sole discretion, that there is an unauthorized use or misuse of your account. When your account is deactivated, you may not use or access the Partner Portal.
B. Prohibition
In accessing or using the Partner Portal, you may not take any action that may interfere with the proper working of the Partner Portal, compromise the security of the Partner Portal, or otherwise damage the Partner Portal or any document, material or information available through the Partner Portal, such as but without limitation; (1) using automated means to collect information or Content from or to access the Partner Portal (i.e. using technical tools known as robots, spiders, or scrapers without Samsung’s prior permission), (2) attempting to gain unauthorized access to any portion or feature of the Partner Portal, to other systems or networks connected to the Partner Portal or its servers, or to any of the services offered on or through the Partner Portal (by hacking, password “mining”, or any other unauthorized means), (3) probing, scanning, or testing the vulnerability of the Partner Portal or any network connected to the Partner Portal or bypassing any authentication measures on the Partner Portal or any network connected to the Partner Portal, (4) interfering with or disrupting the operation of the Partner Portal, its servers, or the networks connected to the Partner Portal, or not complying with any requirements, procedures, policies, or regulations of the networks connected to the Partner Portal, or (5) forging headers or manipulating any identifiers (such as to disguise yourself) or any service offered on or through the Partner Portal. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not collect and store the information of other users of the Partner Portal. You shall be responsible for any loss or damage Samsung may suffer due to your breach of any of the above restrictions. Samsung reserves the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in their investigation.
C. Samsung shall have the right to modify, shut down or deny access to the Partner Portal at any time, including introducing charges for your use or other restrictions on access.
D. Samsung does not guarantee that this Partner Portal will be available all the time or at any specific time.
Product Registration
To receive technical support or certifications through this Partner Portal for the product with Tizen Smart TV Operating System you are developing or operating (“Tizen Smart TV”), you must provide the model name, region of release and other specifications of your Tizen Smart TV as may be requested by Samsung.
Development Support
Samsung may offer development guidelines and any other information for your reference to develop Tizen Smart TV. The above support may be subject to additional terms of license agreements with Samsung.
A. Sample Code
Samsung may develop sample codes for developers to use as reference and include them in the development guidelines published on the Partner Portal. The sample codes shall be provided on an as-is basis, and Samsung makes no guarantee regarding the sample codes, including functioning.
B. Software Download
Samsung may provide links for you to access and download software for your product development.
C. Troubleshooting
The Partner Portal may offer technical support regarding platform bugs that may occur during the development or operation of Tizen Smart TV, for which you may share product information, reproduction paths, videos, logs and other bug-related information with Samsung.
Certification
You may use this Partner Portal to request Samsung VoD certification or Tizen Smart TV certification for your product registered in this Partner Portal. You can also check the certification result via this Partner Portal.
A. VoD Certification
You may use the Partner Portal to request VoD certification for the product you are developing. To do so, you need to provide the software image of the product you need certification for and fill in and submit the request form required by the VoD provider. Only the VoD that have been agreed on with Samsung and the VoD provider are eligible for certification.
B. Tizen Smart TV Certification
You can use this Partner Portal to request Tizen Smart TV certification for the product you are developing. To do so, you need to provide the software image of the product you need certification for, along with the self-verification results.
Security Key Issuance
Samsung may issue a security key for the Tizen Smart TV through the Partner Portal. It is your responsibility to manage the key and maintain its security. You shall comply with all specifications, guidelines, and/or procedures regarding the security key provided by Samsung.
Material Uploaded to the Partner Portal
To provide technical support for the product developed or operated by you, any information or material you provide to Samsung may be disclosed to or shared with other parties involved in the VoD or Tizen Smart TV certification process.
Samsung reserves the right to remove any material or posting you make on the Partner Portal if, in its sole discretion, such material is harmful, pornographic, obscene, threatening, defamatory, seditious or contrary to public policy or insulting to the public, or encourage illegal activities or promote software or services that deliver unsolicited email.
You represent and warrant that any material you upload does not, and will not, infringe any third party intellectual property rights.
Samsung Intellectual Property Rights
The Partner Portal and all the materials contained within it are protected by intellectual property rights (including copyright, trademarks, patents, design rights, database rights, and rights in confidential information), and, as such, they either belong to Samsung or are licensed to Samsung for use.
The materials include, but are not limited to, the design, layout, logos, brands, look, appearance and graphics of the Partner Portal, and Content such as software, documents and other materials.
You shall use all the materials in this Partner Portal only to the extent expressly authorized by Samsung. You may not copy, redistribute, republish or otherwise make the materials on the website available to anyone else for a commercial purpose without consent of Samsung in writing.
No provision in these Terms grants any license to use the Samsung’s trademarks or other brand features, including without limitation Tizen brand.
Restrictions
Copying or redistribution of any Content is strictly prohibited. Samsung may use digital rights management or other technologies to prevent or restrict any copying or re-distributing of any Content which you agree not to try to circumvent or avoid.
Certain Content is only available in certain countries. If you attempt to access Content outside of these countries, the rights granted under these Terms will not apply. You may not link to or frame the Partner Portal on your website or service that you own, operate, or control unless you have our written permission. If you violate any of these Terms, Samsung may suspend or disable your account.
Our Liabilities to You
SAMSUNG SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT SAMSUNG SHALL NOT BE LIABLE TO YOU FOR ANY INTERACTION WITH AND ANY THIRD PARTIES APPEARING ON THE PARTNER PORTAL OR OTHER THIRD PARTIES. SAMSUNG SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH YOUR ACCOUNT REGISTRATION, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED OR HAVE A DISPUTE ABOUT THE PARTNER PORTAL, TERMINATION OF YOUR USE OF THE PARTNER PORTAL IS YOUR SOLE REMEDY. SAMSUNG HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless Samsung, and its respective employees, officers, directors, agents, representatives, licensors, suppliers, agencies, and service providers from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with the Partner Portal; or (b) any violation of these Terms by you. Samsung reserves the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with Samsung in doing so.
Partner Portal Content
The Content contained within Partner Portal are provided "as is" and for development purposes only.
Samsung does not guarantee that there is no error or defect in the Content contained in the Partner Portal and shall not be responsible for the accuracy of the Content. You expressly agree and acknowledge that you use the Content at your sole risk and Samsung assumes no liability or responsibility for any Content or information provided by other users of the Partner Portal.
In particular, Samsung may make available software and technology which is "beta" (meaning that it has not been fully tested or tested at all) and you use such technology at your sole risk. and in a test environment taking into account the risk that it may cause damage to your software, hardware and other property you use.
Samsung expressly excludes all representations, conditions, warranties or other terms which apply to such Content/information, including any implied warranties of satisfactory quality, merchantability, fitness for a particular or any purpose, and non-infringement which might otherwise apply but for this clause.
If, in a relevant jurisdiction, these limitations and exclusions are not permitted, then our liability shall be limited and excluded to the fullest extent permitted by law.
Disclaimers
Without denying you your legal rights as a consumer under applicable law, the Partner Portal is provided “AS IS” and on an “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, Samsung disclaims any implied warranties, representations, or conditions in respect to the Partner Portal. Samsung makes no warranty, representation, or guarantee that the services provided through the Partner Portal will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Samsung makes no warranty, representation or guarantee regarding the quality of any information or Content provided through the Partner Portal.
Linking
Samsung may provide links to other websites which are not within its control.
Samsung is not responsible for these other sites in any way, and does not endorse them. It is your responsibility to check the terms and conditions and privacy policy on any other site you visit.
You may not link to Partner Portal from another site without Samsung’s consent in writing.
WAIVER
Any delay in enforcing or any failure to enforce any provision of these Terms will not be deemed a waiver of any other or subsequent breach of these Terms.
Changes to these Terms
Samsung may make changes to the Terms from time to time. When changes are made, Samsung will provide you with reasonable advance notice before such changes become effective. Samsung will post the revised terms and conditions on this Partner Portal or notify you through your Samsung account. Your continued use of this Partner Portal means that you agree with our updated terms and conditions. If you do not agree with our updated terms and conditions, you may not use this Partner Portal.
Priority in Conflict with Individual Contracts
In the event of any conflict between the provisions of these Terms and the individual contracts between Samsung and you (your company), the individual contracts shall prevail.
Governing Law and Jurisdiction
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms, or of any individual one of these Terms, shall be governed by the law of the Republic of Korea.
The Seoul Central District Court shall have exclusive jurisdiction to settle any disputes which may arise out of, or in connection with, these Terms or the use of www.tizenpartner.com.