Terms and Conditions for Samsung Business Academy
Accessing this Samsung Business Academy(¡°SBA¡±) means you agree to the Terms and Conditions below.
The terms and conditions set out below (the ¡°Terms¡±) issued by ¡°Samsung Electronics Co., Ltd¡± govern your use of this website (the ¡°Site¡±) and constitute a legally binding agreement between Samsung and you, including your employer, who is the company or legal entity whose details you provided as being your employer who also is bound by these Terms (¡°Employer¡±) (individually, a ¡°Party,¡± and collectively, the ¡°Parties¡±). You shall not use this Site for any purpose other than the purpose as permitted by Samsung pursuant to these Terms and in the course of performing your duty. You should discontinue using the Site if you are no longer employed by Employer or your use of this Site becomes unnecessary due to change of your role or for any other reason. Your Employer shall be held liable for the breach of the Terms by its employee.
Employer should designate and authorize at least one of its employees as an administrator (¡°Admin¡±) who represent and manage Employer account in the Samsung Business Academy (¡°SBA¡±) and the Site. In case you are an Admin, by submitting a SBA application form, you warrant and represent that you are duly authorized to serve as an Admin and therefore to access additional information including but not limited to take training courses. An Admin also carries the obligation which other Users are responsible for unless otherwise expressly exempted by Samsung. Should there be any changes to the Admin, Employer agrees to notify Samsung of such change with information on the new Admin in writing promptly. User must inform an Admin for any changes to User¡¯s account details and an Admin should use best effort to monitor if Users comply with their obligations set forth in Section 1.1 and to keep User data most current as possible.
By continuing to use the Site, you agree that:
you have the necessary authority to bind Employer to these Terms; and
Employer has acknowledged these Terms and your acceptance of them.
If you do not agree with any of the listed conditions, do not access or otherwise use the Site or any information contained on the Site.
Samsung may change the Terms at any time at its sole discretion. You can review the most current version of the Terms by clicking on the Site's "Terms & Conditions". If you continue to use this Site after changes are made to the Terms, you are signifying your and Employer¡¯s acceptance of the new terms. You should discontinue using the Site if you and/or Employer do not agree to the new terms. You and Employer are responsible for checking these Terms periodically for any changes.
Description of Service
Samsung enables a user to do some or all of the following: view online content (e.g., in the form of text, images, video, flash); take online classes/tests; connect with other users; participate in online discussions; create online communities pertaining to specific topics; conduct performance reviews and goal-setting; conduct succession planning; create and/or administer classes/tests; offer classes/tests for sale, and purchase goods and services offered by Samsung; offer classes/tests for sale (the ¡°Service¡±). .
Ownership of content and limited license
The following definitions apply to material in connection with the Service:
¡°Content¡± means any and all content, including, without limitation, photos, profiles, messages, notes, text, courses, tests, information, music, video, advertisements, listings, and other content appearing anywhere on Samsung at any time.
¡°User Content¡± means any and all Content that you upload, publish, offer, display (collectively, ¡°post¡±) transmit, sell, share, and/or otherwise make available on and/or through Samsung
¡°Third Party Content¡± means any and all Content that a party other than you or Samsung posts, transmits, sells, shares, and/or otherwise makes available on and/or through Samsung.
¡°Site Content¡± means any and all Content that is neither User Content nor Third Party Content.
Both Samsung and all Site Content are the property of Samsung, its users or its licensors, with all rights reserved. Neither Samsung nor any Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Samsung¡¯s prior written permission.
Your rights to use Third Party Content are governed by the applicable Third Party License Terms that are established by those Third Parties from time to time.
¡°Samsung,¡± ¡°Samsung Electronics¡± and other Samsung graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Samsung. Trademarks and trade dress used by Third Parties in association with the sale or license of their goods or services on the Site are the property of the respective owner.
Such trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.
You are solely responsible for all User Content. You understand and agree that Samsung may, but is not obligated to, review, delete, and/or remove User Content (without notice) in its sole discretion, for any reason or no reason, including without limitation User Content that, in each case in the sole judgment of Samsung, violates this Agreement, might be offensive, illegal, or might violate the rights, harm, or threaten the safety of users or others. You agree that you will not:
Post, transmit, sell, share or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another¡¯s privacy, hateful, or racially, ethnically or otherwise objectionable;
Post, transmit, sell, share or otherwise make available any User Content that you did not create or that you do not have permission to post, transmit, sell, or share;
Post, transmit, sell, share or otherwise make available any User Content (i) that violates any federal, provincial, foreign or local law or regulation, (ii) for which you do not have full power and authority to distribute, including all necessary licenses and authorizations, or (iii) that Samsung determines, in its sole discretion, is inappropriate for distribution through Samsung;
Post, transmit, sell, share or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; and
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content.
You are solely responsible, at your own cost and expense, for creating backup copies and replacing any User Content you post or store on the Site or provide to Samsung. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
You agree that by utilizing and/or accessing the Service you will not
Post, transmit, sell, share or otherwise make available unsolicited commercial email or ¡°spam¡±. This includes, without limitation, unethical marketing, advertising, or any other practice that is in any way connected with ¡°spam¡±, such as (i) sending mass email to recipients who haven¡¯t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
Use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the Samsung servers than a human can reasonably produce in the same period of time by using a conventional online web browser;
Post, transmit, sell, share or otherwise make available any material 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;
Interfere with or disrupt Samsung or servers or networks connected to Samsung, or disobey any requirements, procedures, policies or regulations of networks connected to Samsung;
Harm, stalk, harass or otherwise violate the rights of others in any way in your use of Samsung;
Impersonate any person or entity, including, but not limited to, a Samsung official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Intentionally or unintentionally violate any applicable local, state, national or international law;
Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
Exceed the scope of any Samsung service or product for which you have registered; by, for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing the comments or content of other persons;
Not to collect or harvest any personally identifiable information, including account names, from the Service.
You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Content or Site Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in the country, jurisdiction, state and locality in which you reside.
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Samsung has no control over such sites and resources, you acknowledge and agree that Samsung is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Samsung shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to defend, indemnify and hold harmless Samsung and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of any other country; (v) any claim or damages that arise as a result of any of your User Content; (vi) any other party¡¯s access and use of the Service with your unique username, password or other appropriate security code; and (vii) any dispute you have with one or more of our users or any Third Party providing goods and services through Samsung.
Admin and Employer should register on this Site for Employer to be eligible to take a training & certification program.
During registration, you will be required to provide contact information including name, email address to be used as a Site user ID and password. Samsung reserves the right to reject or remove any user ID.
Certain areas of the 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 Samsung immediately if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised.
You agree that you and Employer are entirely responsible for any and all activities which occur under your account. You and Employer agree to immediately notify Samsung of any unauthorized use of your and/or Employer¡¯s account or any other breach of security in relation thereof known to you.
You confirm that the information you have provided in the Site is truthful, accurate and up to date.
Use of Samsung Materials
All information, training documents, contents, products and services, trademarks, logos, graphics, drivers, technical manuals and images (¡°Samsung Materials¡±) provided on the Site are copyrighted or trademarked and are the property of Samsung and/or its related bodies corporate. Any unauthorized use of any material contained on the Site may violate relevant laws and regulations including without limitation copyright, trademark, patent, trade secret, other intellectual property rights, privacy rights, any legal or moral rights of any third party, or communications laws.
This Site and its contents are for your and Employer¡¯s use in connection with the Service as described in Section 2 only. No other use of the information is permitted. Any copy of Samsung Materials you or Employer make should contain all notices including but not limited to copyrights which were in the original Samsung Materials. Unless noted otherwise, nothing mentioned herein should be construed to grant you and/or Employer any license or rights on trademark or copyrights of Samsung or any third party.
Unless authorized in writing by Samsung, you and Employer agree not to:
reproduce, re-distribute, sell, publish, reprint, broadcast, circulate or otherwise disclose the Samsung Materials to anyone, including others in your company or organization;
post content from the Site to third party websites; or
modify, edit, alter or enhance any of the Samsung Materials without any prior written approval from Samsung
This limited license terminates automatically, without notice to you and/or Employer, if you and/or Employer breach any of these Terms or upon termination of these Terms by Samsung pursuant to Section 22 Termination. Upon termination of these Terms you and/or Employer agree to immediately return or destroy any printed or downloaded Samsung Materials.
You and Employer agree not to "frame" or "mirror" any parts of the Site or third-party content contained on the Site on any other server or internet based device without the advanced written permission of Samsung or its licensors, respectively. The Site may be linked to other sites on the internet which are not under the control of or maintained by Samsung. Such links do not constitute an endorsement by Samsung. You and Employer acknowledge that Samsung is providing these links to you only as a convenience. You and Employer further agree that Samsung is not responsible or liable for the content of such sites.
12.6 Samsung respects the intellectual property rights of others. If you believe that any of Samsung Materials available on this Site infringes your copyrights or any third party intellectual property rights, including any trade secret or obligation of confidentiality, please provide us with written notice of possible infringement with relevant evidences [specify or add a link].
You and Employer acknowledge that the Site may include inaccuracies or typographical errors which may affect the quality of the Samsung Materials and third-party content. Therefore, you and Employer may not rely on any Samsung Materials provided on the Site unless otherwise notified in writing by Samsung.
The Site (including access to the Site) and the Samsung Materials are provided by Samsung on an "as is" basis. Samsung expressly disclaims any and all warranties of any kind, whether express or implied with respect to or in relation to the Site and the Samsung Material, including without limitation, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, access availability and non-infringement of intellectual property rights.
You and Employer acknowledge that to the extent otherwise stated by Samsung, any third-party content on the Site has not been verified or authenticated in whole or in part by Samsung and that Samsung does not warrant the accuracy, completeness or timeliness of the Samsung Materials or the third-party content.
Submissions and Your Materials
Samsung is pleased to hear from its users and welcomes your comments regarding the Site, and may from time to time request certain feedback or material from you.
From time to time you may upload or provide any content, feedback, text, data (including submissions and other material or information) to or via the Site (¡°Your Materials¡±). By submitting, uploading or providing Your Materials to Samsung via the Site, you and Employer represent and warrant that:
you own all rights in Your Materials and Your Materials are accurate and up to date, and you and/or your Employer have obtained all necessary rights and complied with all necessary procedures (including without limitation in relation to intellectual property rights and any authorizations, consents or notifications required under any applicable privacy laws) in order to:
upload Your Materials to the Site or otherwise provide Your Materials to Samsung via the Site;
grant Samsung the license to use Your Materials under Section 6.2(b); and
the use of Your Materials by Samsung, its related bodies corporate and their personnel will not violate or infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party. If you and/or Employer learn any of Your Materials possibly infringe any third party rights, you shall notify Samsung immediately;
you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your Materials;
you agree to waive any ¡°moral rights¡± that you may have in Your Material; and
Your Materials does not contain any viruses, Trojan horses, worms, spyware, adware, or other potentially damaging programs of files.
By uploading Your Materials to the Site, you and Employer grant to Samsung, its related bodies corporate and their personnel an irrevocable, non-exclusive, worldwide, royalty free, fully-paid, transferable, perpetual, sub-licensable license to use, distribute, modify, adapt, reproduce, communicate, translate, perform, and display Your Materials, in whole or in part, in any format to the extent required by Samsung and/or its related bodies corporate in connection with their business.
You and Employer agree that Samsung is not liable for content that is provided by others. Samsung has no obligation to screen content that is supplied or posted by its users, but Samsung has the right to refuse to post or to edit submitted content. Samsung, at its sole discretion, reserves the right to remove any content for any reason at any time.
All information pertaining to these Terms issued with reference hereto shall be kept confidential by you and Employer in the event the rule against perpetuities is deemed to apply for two (2) years or for a retention period as required by applicable laws. The Confidential Information shall also include without limitation, information relating to Samsung¡¯s product plans, designs, costs, prices and names, finances, business opportunities, development, know-how, financial data, processes, trade secrets, policies and procedures, business plans, marketing plans or analyses, pricing, customer data and surveys, all information furnished by Samsung pursuant to these Terms, the existence and the terms and conditions of these Terms, and all deliverables, information, documents and materials developed in connection with the performance of your and/or Employer¡¯s obligations pursuant to these Terms, which shall include without limitation any copyrightable and/or patentable works in whatever form such information is embodied (including, but not limited to, oral, visual, written or machine readable form).
You and Employer shall:
protect, safeguard and maintain the confidentiality of the Confidential Information; not disclose, or allow to be disclosed, the Confidential Information to any other party except as, and to the extent, necessary for furtherance of these Terms and the purposes hereunder in the manner prescribed herein;
not use, disclose, reproduce or dispose of the Confidential Information for any purpose other than to perform your and/or Employer¡¯s obligations pursuant to these Terms for Samsung, holding and maintaining the Confidential Information in the strictest of confidence and trust for the sole and exclusive benefit of Samsung;
use the Samsung¡¯s Confidential Information only for the purpose of fulfilling your and/or Employer¡¯s obligations as contemplated under these Terms;
not disclose to any parties except Employer¡¯s employees and contractors who need to know it for the purposes set forth in these Terms; provided that (1) such employees, subsidiaries, affiliates, and contractors may only use the Confidential Information to the same extent as you and/or Employer; and (2) you and Employer warrant that these companies and people will abide and be bound by the Terms;
take all necessary precautions to restrict access to the Confidential Information, in each instance using at least the same degree of care as Employer accord to Employer¡¯s own confidential information, but in no case less than the degree of care otherwise prescribed herein; and
return all Confidential Information to Samsung upon expiry or termination of these Terms.
You and Employer acknowledge and agree that unauthorized disclosure, use or misappropriation of the Confidential Information in violation of these Terms would cause Samsung irreparable harm for which there may be no adequate remedy at law. Accordingly, and notwithstanding anything to the contrary, you and Employer agree that Samsung shall be entitled to obtain injunctive relief and specific performance, in addition, and without prejudice, to such other remedies which may be available to it at law or in equity, including termination of these Terms, as it deems appropriate.
Furthermore, you and Employer agree to indemnify Samsung against any and all losses, damages, claims and expenses, including without limitation reasonable attorneys¡¯ and witness¡¯ fees, incurred or suffered by Samsung as a result of your and/or Employer¡¯s disclosure of, or failure to protect and maintain the confidentiality of the Confidential Information.
You and Employer covenant and warrant that you and Employer shall not disclose to Samsung any confidential information or trade secrets of any third party and shall not convey any information in violation of any confidentiality agreement with such party. Samsung shall be free to use all information disclosed by you and/or Employer without liability of any kind. You and Employer shall be liable for any failure of such persons to whom you and/or Employer provide access to any Confidential Information to abide by the provisions of these Terms as if such failure was the act or omission of you and/or Employer.
You and Employer further covenant that you and/or Employer shall (1) advise each of the persons to whom you and/or Employer provide access to any Confidential Information that such persons are strictly prohibited from making any use, benefit, publication, disclosure, or permitting others to use for their benefit or to the detriment of Samsung, any of the Confidential Information; and (2) require each such person to execute appropriate agreements, including but not limited to confidentiality and non-disclosure agreements to ensure that your and/or Employer¡¯s obligations to Samsung hereunder will be satisfied.
If you and/or Employer are required by law to disclose Confidential Information in response to a valid order by a court or governmental body, you and/or Employer shall provide prompt prior written notice thereof to Samsung and assist Samsung in seeking measures to maintain the confidentiality of the Confidential Information, including assisting in obtaining an order protecting the Confidential Information from public disclosure or such other measures as Samsung determines is prudent and/or necessary to maintain the confidentiality of, or minimize disclosure of, such Confidential Information.
Your and Employer¡¯s confidentiality obligation shall continue in full force and effect subsequent to the expiration and/or termination of these Terms and shall survive the early termination, cancellation, repudiation or rescission of the Terms and any work order or other similar agreements issued hereunder.
The obligation of confidentiality and restriction against disclosure shall not apply to Confidential Information which you and/or Employer can show by written records:
was in the public domain at the time of disclosure thereof to Employer;
entered the public domain through no act or omission of Employer; and
was known to Employer free of any obligation of confidentiality at the time of disclosure.
You and Employer agree to indemnify, defend, and hold harmless Samsung and Samsung Electronics Co. Ltd. (¡°Samsung Indemnified Parties¡±) from and against any and all claims, liabilities, damages, losses, penalties, costs, expenses, or fees (including reasonable attorneys' fees) that such Samsung Indemnified Parties may incur as a result of, in connection with or arising from your and/or Employer¡¯s (or anyone using your account) violation of these Terms. Samsung reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and Employer and, in such case, you and Employer agree to cooperate with Samsung's defense of such claim. Notwithstanding the foregoing, this clause shall survive the expiration or termination of the Terms regardless of the reason therefor.
Samsung controls and operates this Site from the Republic of Korea. If you use this Site from outside the Republic of Korea, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the Materials and third-party content.
All disputes, controversies or claims arising out of or in connection with these Terms (including its existence, validity or termination) shall be finally resolved by arbitration to be held in the Republic of Korea, and conducted in the English language under the Rules of Arbitration of the International Chamber of Commerce; provided, however, that each Party may enforce its or its affiliates¡¯ intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. The arbitral award shall be final and binding on the Parties. Except to the extent entry of judgment and any subsequent enforcement may require disclosure, all matters relating to the arbitration, including the award, shall be held in confidence.
Severability and Integration
These Terms and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you, Employer and Samsung and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent possible in accordance with applicable law to reflect the original intentions of the Parties, and the remaining portions shall remain in full force and effect.
A cookie is a small piece of data that a website sends to your browser when you visit. A cookie within the Site is used to track and redirect you to the local page of the Site you have last visited, and to improve your user experience within the Site by showing the user ID you entered during the last log-in. Samsung does not share this information with any third party nor use this information to collect data about each user.
Limitation of liability
To the extent permitted by law, Samsung excludes all liability (whether under statute, in contract, tort or otherwise), arising out of or in connection with any losses sustained by you and/or Employer in connection with these Terms (including without limitation, your and/or Employer¡¯s use of the Site). Such excluded losses include without limitation, consequential loss (being loss of profits, loss of savings, loss of revenue, loss of opportunity or any other loss that does not arise naturally and does not arise according to the usual course of things, from the relevant breach or acts or omissions) in connection with the performance of your and/or Employer¡¯s obligations under this agreement (whether under statute, in contract or in tort, including for negligence, or otherwise).
Samsung may terminate these Terms and your and/or Employer¡¯s right to access the Site at its sole and exclusive discretion by providing written notice to you and/or Employer at any time.
If you and/or Employer breach these Terms, Samsung reserves the right to immediately terminate these Terms and your and/or Employer¡¯s access to the Site at its sole and exclusive discretion, in which case Samsung will notify you and/or Employer of such termination as soon as practicable.
You and Employer agree that Samsung or third parties may make improvements and/or changes in the Samsung Materials and the Site, if any, at any time without notice.
Any failure or delay of Samsung in enforcing any part of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Samsung in writing. Your and/or Employer¡¯s use of the Site may be subject to any additional disclaimers and caveats that may appear throughout the Site.
Each Party is acting in the capacity of independent contractor. These Terms do not constitute any partnership, trust, agency, joint venture or employment relationship between the Parties. Neither Party has the authority to act, contract or to incur any obligation or responsibility on behalf of the other Party except as provided in these Terms or by virtue of a properly executed power of attorney.
Each company within the Samsung corporate group is an independent legal entity. No company within the Samsung corporate group is legally liable for another unless specifically agreed to in writing to assume such liabilities. This Site does not establish any relationship between any of the companies such that you and/or Employer can assume that they can be sued jointly or severally on behalf of another.
Notwithstanding anything to the contrary in the foregoing, Sections 4, 5, 6, 7, 8, 9, 10, 11, 13 and 15 shall survive any termination or expiry of your use of the Site.