1.1 In this document:

• (a)"We", "us", or "Samsung" means Samsung Electronics Co., Ltd, whose principal place of business is at 416, Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea; and
• (b)"User" means a user of Samsung´s productions, application, software, services, websites and other related services provided by us or any third party designated by us (collectively (and excluding any services provided to such user by us under a separate written agreement) the "Services").

1.2 The User´s use of the Services is subject to the terms and conditions set out below and any other terms and conditions applicable to the User from time to time, including but not limited to, Samsung´s privacy policy and all other documents referred to in this document (all such terms and conditions collectively constituting the "Agreement").

1.3 The User should read the Agreement carefully. The Agreement is a legally binding agreement between Samsung and the User in relation to the Services and the User´s use of the Services.

2.1 The User must accept the terms of the Agreement in order to use the Services, and may not use the Services otherwise.

2.2 Subject to Clause 2.3, the User will accept the terms of the Agreement by clicking to accept or agree to the Agreement via the user interface for the Services.

2.3 Any purported acceptance of the terms of the Agreement by any of the following persons will not be valid, and such persons may not use the Services: (a) any person who is not of legal age to form a binding contract with Samsung, or (b) any person who is barred from receiving the Services, in each case, under the laws of any country.

The User acknowledges and agrees that any translation of the English language version of the Agreement provided by Samsung to the User is provided for the User´s convenience only, and that the English language version of the Agreement will take precedence over the translation in the event of any contradiction between them.

4.1 The Services are provided to the User by Samsung and in some cases, by Samsung´s subsidiaries and affiliated legal entities worldwide (together, the "Samsung Affiliates") on behalf of Samsung.

4.2 The User acknowledges and agrees that there may be non-material changes to the form and nature of the Services provided from time to time without prior notice to the User.

4.3 The User acknowledges and agrees that Samsung may (in its sole discretion) suspend or cease providing the Services (or any part of the Services) to a specific User or all Users without prior notice to the User.

4.4 The User acknowledges and agrees that Samsung may disable the User´s access to the User´s account for the Services, in which case, the User may be prevented from accessing the Services, the User´s account details and any files or other content contained in the User´s account.

4.5 The User acknowledges and agrees that Samsung may, at any time and in its sole discretion, set a limit on the number of transmissions the User 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 them). Without limiting Samsung´s rights under Clause 4.3 and Clause 4.4, Samsung may suspend the User´s access to the Services if the User exceeds any such limit.

4.6 The User may stop using the Services at any time without prior notice to Samsung.

5.1 The User agrees to use the Services for personal and non-commercial purposes only and subject to those purposes being permitted by (a) the Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

5.2 The User must not access (or attempt to access) any of the Services other than through the interface for the Services made available by Samsung. Without limiting the foregoing, the User must not access (or attempt to access) any of the Services through any automated means (including scripts or web crawlers).

5.3 The User must comply with all instructions made available to the User in connection with the Services.

5.4 The Samsung bada Server may automatically download and install updates from time to time from Samsung. Such updates may be in various forms, including bug fixes, enhanced functions, new software modules and completely new versions. The User agrees to receive such updates (and permits Samsung to deliver such updates to the User) as part of the Services.

5.5 The User must not engage in any activity that causes interference with or disruption to the Services or any servers or networks that are connected to the Services.

5.6 The User must not reproduce, duplicate, copy, sell, trade or resell the Services (or any part of them).

5.7 The User is solely responsible for any breach of the User´s obligations under the Agreement and for the consequences of any such breach, including any loss or damage which Samsung or any third party may suffer. Samsung will have no responsibility to the User or to any third party in respect of such breach.

6.1 The User is responsible for maintaining the confidentiality of the User´s passwords for all accounts used by the User to access the Services. The User acknowledges and agrees that the User is solely responsible to Samsung for all activities that occur under all such accounts.

6.2 The User must notify Samsung by email to svc.bada@samsung.com immediately upon becoming aware of any unauthorized use of any of the User´s passwords or accounts.

7.1 The User may be required to provide information about himself or herself in order to access the Services (for example, when registering to use the Service or any part of them), or in the course of using the Services.

7.2 The User agrees to provide accurate, current, and complete information required to register to use the Services and at other points as may be required in the course of using the Services ("Registration Data"). The User further agrees to maintain and update the User´s Registration Data as required to keep it accurate, current, and complete. Samsung may terminate the User´s rights to any or all of the Services if any information provided by the User is false, inaccurate or incomplete.

7.3 The User agrees to the use of the User´s Registration Data in accordance with Samsung´s privacy policy. Samsung´s privacy policy sets out Samsung´s data protection practices and describes how Samsung will treat the Registration Data and will protect the User´s privacy when using the Services.

7.4 Upon obtaining consent from the User, Samsung may disclose the User´s Registration Data to a third party.

8.1 The User acknowledges that all content that is accessible as part of or via the use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) ("Content") is the sole responsibility of the originator of such Content. Such Content may include content in the form of advertisements or other sponsored Content.

8.2 The User acknowledges and agrees that the Content may be protected by proprietary or intellectual property rights of third parties (such as advertisers and sponsors or their agents who provide such Content to Samsung). The User must not modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part).

8.3 Samsung may (but is not obliged to) pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services.

8.4 The User acknowledges that he or she uses the Services understanding the risk that he or she may find some Content to be offensive, indecent or objectionable.

9.1 The User acknowledges and agrees that Samsung (or Samsung´s licensors) owns all legal right, title and interest in and to the Services, including all intellectual property rights (existing anywhere in the world and whether registered or not) which subsist in the Services.

9.2 The User acknowledges that the Services may contain information which is confidential to Samsung and agrees not disclose such information without Samsung´s prior written consent.

9.3 Nothing in the Agreement gives the User any right to use any of Samsung´s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. To the extent that the User is entitled to such use under a separate written agreement with Samsung, such use must be in compliance with that agreement, any applicable provisions of the Agreement, and Samsung's brand feature use guidelines as updated from time to time.

9.4 The User must not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which affixed to or contained within the Services.

9.5 The User must not use any trade mark, service mark, trade name, logo of any person in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10.1 Samsung grants to the User a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the Samsung bada Server as part of the Services as provided by Samsung to the User ("bada Server Licence"). The bada Server Licence is granted for the sole purpose of enabling the User to use and enjoy the benefit of the Services as provided by Samsung, in the manner permitted by the Agreement. The User may not allow any other person to use the Samsung bada Server and may not use the Samsung bada Server to provide services to any other person.

10.2 The User may not (and may not permit any other person to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Samsung bada Server (or any part of it), unless this is expressly permitted or required by law, or expressly permitted by Samsung in writing.

10.3 The User may not assign, grant a sub-license of, or grant a security interest in or over, the bada Server Licence or any rights under it, loan or lease the Samsung bada Server, or otherwise transfer the bada Server Licence or any rights under it, to any person.

10.4 Except for the User´s limited right to use the Samsung bada Server under the bada Server Licence, Samsung retains all rights in and to the Samsung bada Server.

11.1 The User will retain copyright and any other rights that the User already holds in any content created, submitted, posted, transmitted or displayed on or through the Services ("User Content"). By creating, submitting, posting, transmitting or displaying the User Content on or through the Services, the User grants Samsung a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, digitize, publish, publicly perform, publicly display and distribute the User Content ("User Content Licence"). The User Content License is granted for the sole purpose of enabling Samsung to display, distribute and promote the Services and may be revoked in accordance with any additional terms expressly agreed by the User and Samsung.

11.2 The User agrees that the User Content License includes a right for Samsung to make User Content available to third parties for the provision of syndicated services, and to use User Content in connection with the provision of such services.

11.3 The User acknowledges and agrees that the User Content Licence includes a right for Samsung, in performing the technical steps necessary to provide the Services to users, to (a) transmit or distribute User Content over various public networks and in various media; and (b) make modifications to User Content as necessary to conform and adapt the User Content to the technical requirements of connecting networks, devices, services or media.

11.4 Other than as set out in this Clause 11, Samsung acknowledges and agrees that it obtains no right, title or interest from the User (or the User´s licensors) in or to the User Content, including any intellectual property rights which subsist in the User Content (existing anywhere in the world and whether registered or not).

11.5 The User confirms and warrants to Samsung that:

• (a) the User has all the rights, power and authority necessary to grant the User Content License:
• (b) the User Content will not infringe any third party intellectual property or other third party rights;
• (c) the User Content will not contain any material which is harmful, inaccurate, pornographic, abusive, obscene, threatening, defamatory, or which is otherwise illegal or which does not comply with Samsung´s content guidelines;
• (d) the User Content will not contain any viruses or other harmful code or devices which could damage any device accessing such User Content,

and the User shall indemnify Samsung (and the Samsung Affiliates) against any cost, loss, damage, liability or expense incurred by Samsung (and the Samsung Affiliates) as a result of any breach of these warranties.

11.6 Samsung may respond to notices of alleged copyright infringement in accordance with applicable international intellectual property law and may terminate the accounts of repeat infringers.

11.7 The User agrees that he or she is solely responsible for his or her User Content and for any consequences arising in connection with that User Content (including any loss or damage suffered or incurred by Samsung). Samsung has no responsibility to the User or to any third party in respect of the User Content or such consequences. Without limiting the foregoing, the User agrees that the User is responsible for protecting and enforcing any intellectual property rights which subsist in the User Content and that Samsung is not obliged to do so on the User´s behalf.

11.7 The User agrees that he or she is solely responsible for his or her User Content and for any consequences arising in connection with that User Content (including any loss or damage suffered or incurred by Samsung). Samsung has no responsibility to the User or to any third party in respect of the User Content or such consequences. Without limiting the foregoing, the User agrees that the User is responsible for protecting and enforcing any intellectual property rights which subsist in the User Content and that Samsung is not obliged to do so on the User´s behalf.

12.2 Samsung may change the manner, mode and extent of advertising on the Services without providing notice to the User.

13.1 The Services may include links to other websites, content and resources. Samsung may have no control over such websites, content or resources which are provided by third parties ("Third Party Content").

13.2 The User acknowledges and agrees that Samsung is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or available via Third Party Content.

13.3 The User acknowledges and agrees that Samsung is not liable for any loss or damage that may be incurred by the User as a result of the availability of any Third Party Content, or as a result of any reliance placed by the User on the completeness, accuracy or existence of Third Party Content, including any advertising, products or other materials on or available via Third Party Content.

13.4 As a result of, or through using the Services, the User may from time to time use a service, purchase goods, or download a piece of software, which is provided by a third party. The User´s use of such other services, goods or software may be subject to separate terms between the User and the relevant third party. In such case, the Agreement does not affect the User´s legal relationship with that third party.

Samsung may make changes to the terms of the Agreement from time to time for security, commercial or legal reasons. When these changes are made, the User will be notified separately and will be prompted to consent to or decline the newly revised terms of the Agreement. The User may end this Agreement at any time if he or she does not agree to the amended terms of the Agreement.

15.1 The Agreement will remain in force until terminated by either the User or Samsung in accordance with this Clause 15.

15.2 The User may terminate this Agreement at any time by (a) providing notice in writing to Samsung at the address set out in Clause 1; and (b) closing all of the User´s accounts for the Services used by the User, where Samsung has made this option available to the User.

15.3 Samsung may terminate this Agreement at any time if:

• (a) the User has breached any provision of the Agreement (or has acted in manner which clearly indicates that the User does not intend to, or is not able to comply with the provisions of the Agreement);
• (b) Samsung is required to do so by law (for example, where the provision of the Services to the User is, or becomes, unlawful);
• (c) the partner with whom Samsung offered the Services to the User has terminated its relationship with Samsung or ceased to offer the Services to the User;
• (d) Samsung is transitioning to no longer providing the Services to users in the country in which the User is resident or from which the User uses the Services; or
• (e) the provision of the Services to the User by Samsung ceases to be commercially viable (in Samsung´s opinion).

15.4 Nothing in this Clause 15 affects Samsung´s rights in relation to the provision of Services under Clause 4.

15.5 Upon termination of the Agreement, all of the legal rights, obligations and liabilities that the User and Samsung have benefited from, been subject to, or which have accrued during the term of the Agreement or are expressed to continue indefinitely, will be unaffected by such termination.

16.1 NOTHING IN THESE TERMS, INCLUDING THIS CLAUSE 16 AND CLAUSE 17, EXCLUDES OR LIMIT SAMSUNG´S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN THE USER´S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND SAMSUNG´S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16.2 THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE USER´S USE OF THE SERVICES IS AT THE USER´S SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

16.3 IN PARTICULAR, SAMSUNG, THE SAMSUNG AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE USER THAT:

• (a) THE USER´S USE OF THE SERVICES WILL MEET THE USER´S REQUIREMENTS;
• (b) THE USER´S USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• (c) ANY INFORMATION OBTAINED BY THE USER AS A RESULT OF THE USER´S USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
• (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO THE USER AS PART OF THE SERVICES WILL BE CORRECTED.

16.4 THE USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER´S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER´S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

16.5 NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY THE USER FROM SAMSUNG ON OR VIA THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

16.6 SAMSUNG EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

17.1 SUBJECT TO CLAUSE 16.1, THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT SAMSUNG, THE SAMSUNG AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO THE USER FOR:

• (a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY THE USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
• (b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  1. o-(i) ANY RELIANCE PLACED BY THE USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE USER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING IS MADE AVAILABLE ON OR VIA THE SERVICES;
  2. o- (ii) ANY CHANGES TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM);
  3. o- (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE USER´S USE OF THE SERVICES;
  4. o- (iv) THE USER´S FAILURE TO PROVIDE SAMSUNG WITH ACCURATE ACCOUNT INFORMATION; OR
  5. o- (v) THE USER’S FAILURE TO KEEP THE USER’S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

17.2 THE LIMITATIONS ON SAMSUNG´S LIABILITY AS SET OUT IN CLAUSE 17.1 WILL APPLY WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE ARISING.

18.1 The Agreement (including all documents comprising the Agreement and all documents referred to in the Agreement) constitutes the whole agreement between the User and Samsung and governs the User´s use of the Services and supersedes any prior agreements between the User and Samsung in relation to the Services.

18.2 The User agrees that Samsung may provide the User with notices (including notices relating to changes to the Agreement), by email, ordinary mail, or postings on or via the Services.

18.3 The User agrees that if Samsung does not exercise or enforce any legal right or remedy which is set out in the Agreement, or which Samsung has the benefit of under any applicable law, this will not be construed as a formal waiver of Samsung´s rights or remedies and that such rights or remedies remain available to Samsung.

18.4 If any provision of this Agreement is invalid, as determined by a court of law having the jurisdiction to decide on this matter, then that provision will be removed from the Agreement without affecting the remaining provisions of the Agreement, which will continue to be valid and enforceable.

18.5 The User acknowledges and agrees that each Samsung affiliated company shall be a third party beneficiary to the Agreement and shall be entitled to directly enforce, and rely upon, any provision of the Agreement which confers a benefit on (or rights in favor of) them. Subject to the foregoing, no other person shall be a third party beneficiary to the Agreement. For the purposes of the Agreement, an affiliated company of Samsung is any company, corporation, firm, partnership or other entity that controls Samsung, is controlled by Samsung or is under common control with Samsung; the term "controls" and "controlled" meaning the ability to direct the management of the relevant entity.

18.6 The User may not transfer, assign, charge or otherwise dispose of the Agreement, or any of the User´s rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of the Agreement, or any of our rights or obligations arising under it, at any time during its term.

18.7 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.

18.8 The Agreement and the User´s relationship with Samsung under the Agreement shall be governed by the laws of the Republic of Korea without regard to its conflict of law provisions. The User and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in the Republic of Korea to resolve any legal matter arising in relation to the Agreement. Notwithstanding the foregoing, the User agrees that Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Last updated 1 August 2009
This Samsung Apps and Seller Office and the bada Server (including related services) (as the case may be, the "Website") is operated by or on behalf of Samsung Electronics Co., Ltd, whose principal place of business is at 416 Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, 443-742 Korea. This policy applies to information about you which is collected by us, by any company within the Samsung Electronics group of companies, or by any other company under the Samsung brand ("Samsung Group Companies"). A full list of Samsung Group Companies is available upon request.

This policy sets out how we use and protect any information about you that you give to us through your use of the Website. If you have any questions or comments in relation to this policy, please contact our customer services department at the Help menu of the Website.
We may change this policy from time to time by updating this page. You are advised to check it from time to time in order to ensure that you are aware of any changes and that they are acceptable to you. Continued use of the Services will signify that you agree to any such changes. Please see the top of this policy for the date the policy was last updated. This policy applies if you access the Website through your mobile phone, through your PC or through any other route.

• What information do we collect about you?
• What do we do with your information?
• How do we collect the information?
• What about anonymous information?
• To whom do we disclose your information?
• Direct Marketing
• Accessing your information
• What do we do to keep your information secure?
• Linking
• Cookies and web beacons

In general, you can view parts of the Website without giving us any information. On certain pages we will request information about you, for example, the registration pages. We will only be able to provide you with our full Website environment if you have completed and submitted the information required for the registration process and this is accepted by us in accordance with our Website terms and conditions.

Some of the information that we collect will be ´Personal Data.´ This means data related to you and which identifies you. In this policy, we use the terms ´Personal Data´ and ´information about you´ interchangeably.

We may use information about you for any of the following purposes:

• to register you on our Website, to administer our Website services (including processing any searches or requests for information about our products or services), and to allow you to use those services (e.g. blogs, open forums and discussion pages);
• for assessment and analysis of our market, customers, products and services (including asking you for your opinions on our products and services and carrying out customer surveys);
• to enable us to monitor, review and improve the products and services which we offer;
• for internal record keeping;
• (subject to the direct marketing section below) for marketing purposes;
• to conduct free prize draws, prize competitions, or promotions; and
• to consider employing you if you have provided information pursuant to an application for a position with us.

All of the above apply equally to the use of information about you for such purposes by a Samsung Group Company.

We collect information about you using various methods, including:

• when you submit it through the Website; and
• when you telephone or email us, or correspond with us by means other than through this Website.

We may combine information that we collect about you through this Website with information that you provide to us by other means, [or that is provided to us by third parties. We may store that information together in a combined database or in separate databases].

We will not retain information about you for longer than is necessary for the purpose for which it was intended, or as required under any contract or by law (and we will usually delete data once a user tells us that that he/she will no longer be using this service). We will not collect an excessive amount of information from you nor information that is not relevant to the purposes for it was collected.

We may automatically collect technical information from which you cannot be identified when you connect to this Website. An example is the domain name of another website from which you linked to this Website. We collect this information to help us with identifying users´ browsing preferences. The information is used for internal purposes only so that we can carry out research on your demographics, behaviour and interests. Anonymous or generic information from which you cannot be personally identified is not Personal Data and is therefore outside the scope of this policy.

We will not disclose to any third parties Personal Data which relates to you without your consent, except:

• to a Samsung Group Company;
• where it is necessary to enable any of our staff, employees, agents, contractors, suppliers or commercial partners to provide a service to us or to perform a function on our behalf (including providing marketing assistance, market research or customer services; and administering your membership, supplying products or services that we provide to you now or in the future, or any free prize draws, prize competitions or promotions);
• to our professional advisers or where we are under a duty to disclose your personal data in order to comply with any legal obligation or the decision of a judicial authority;
• to the purchaser or potential purchaser of our rights and obligations relating to this Website (in which case personal data held by us about our customers will be a transferred asset of any purchase) we may transfer your personal information to that third party; or
• where it is necessary in order to pursue our legitimate interests or if we are required to or are permitted to do so by law.

For any disclosure of your Personal Data by us to a carefully selected third party or to any third party on the above list, we will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party does not use your Personal Data for any purpose other than purposes that we specify and in accordance with the purposes outlined in this policy, and that they will keep it secure. [Should you wish to object to such disclosure, please opt out by contacting us at [the address below]]

If we disclose your Personal Data to a Samsung Group Company or a third party which is outside the European Economic Area ("EEA") for the sole purposes described in this policy. The data protection laws outside the EEA may not provide an equivalent level of protection to those in your home country, however before transferring the data we will take steps to ensure that your Personal Data will be afforded the same level of protection as that required from us by data protection law.

[We do not sell or rent your personal information to third parties].

We will take all reasonable precautions to ensure that our staff and employees who have access to information about you have received adequate training to ensure that they process that information only in accordance with this policy and with our obligations under data protection law. We may take disciplinary action against our staff and employees in the event of non-compliance, should we consider this to be appropriate.

We may use information about you which we hold in order to provide you with information about products, promotions, and other such information which we believe may be of interest to you if you select to receive such information by email and/or post when you complete the registration process.

You can change your mind about your preferences in respect of direct marketing by using the unsubscribe information on every such mailing or by updating your user profile. You can do this at any time. If you do so, we would not remove your Personal Data from our database(s) but we would note your changed preferences as soon as reasonably possible.

Under certain data protection laws you may have the right to request details of Personal Data which we hold about you. If we are permitted by law, we may charge you a small fee for providing you with that information. If you would like to make any such request please contact our customer services department at the Help menu of the Website.

Please help us to ensure that the information about you that we hold is accurate and up to date. If you think that any information we have about you is incorrect or incomplete, please write to our customer services department in the manner set out above. We will correct or update any information about you as soon as reasonably possible.

We are committed to ensuring that your information is secure. In order to do so, we have put in place reasonable physical, technical and organisational measures and procedures to safeguard and secure the information we collect through the website. This has been done with a view to preventing unauthorised or unlawful processing of your Personal Data and accidental, unauthorised or unlawful access, use, processing, copying, alteration, transfer, loss or destruction of, or damage to, your Personal Data. Whilst we have done all of this, we cannot guarantee that your information is secure when submitted or otherwise communicated through insecure means.

We protect the security of your information by:

• using encryption where appropriate;
• using password protection where appropriate; and
• limiting access to your information (for example, only our staff or employees who need access to it for the purposes described above will have access to it).

You must also take appropriate steps to keep your information secure by not using an obvious login name or password, by changing your password regularly, and ensuring that you do not divulge your password to any other person.

This Website may link to other websites which are outside our control. Whilst we try to ensure that we link only to websites that share our privacy and security standards, once you have left this Website we cannot be responsible for the protection and privacy of any information which you provide on other websites. You should exercise caution, and review the privacy statement applicable to the website in question. We do not accept any responsibility or liability for those policies.

We use cookies for certain areas of our Website. Cookies are files that store information on your hard drive or browser. They enable this Website to recognise that you have visited it before. Cookies help us to understand which sections of this Website are the most popular because they allow us to see which pages visitors are accessing and how much time they are spending on them. By studying these we are better able to adapt this Website to suit your demands and provide you with a more customised user experience. For example, cookies allow us to ensure that the information displayed on your next visit to this Website will match up with your user preferences.

You may configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. For example, on Microsoft Internet Explorer, you can disable or delete cookies by selecting "Tools/Internet Options" and reviewing your privacy settings or selecting "delete cookies". Please note, however, that this Website is designed to work using cookies and any disabling of them may affect your usage of this Website and prevent you from taking full advantage of it. We do not exchange cookies with any third party websites or external data suppliers, except with third parties working with us to provide services to you.

This Website and the communications generated from using and/or registering on this Website, such as promotional emails, may contain electronic images known as "web beacons". Web beacons generally work in conjunction with cookies, and we may use them in the same way we use cookies (see above).

If you have any specific questions, then contact us at svc.bada@samsung.com

“We” or “Samsung” means Samsung Electronics Co., Ltd, whose principal place of business is at 416, Maetan-3dong, Yeongtong-gu, Suwon-si, Gyeonggi-do, Korea. You may contact us at svc.bada@samsung.com

We have made this Website available to you for your own personal use. We may modify, withdraw or deny access to the Website at any time, including introducing charges for its use or other restrictions on access.

The Website and all the materials contained in it are protected by intellectual property rights (including copyright, trademarks, patents, design rights, database rights and rights in confidential information) that either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, logos, brands, look, appearance and graphics of the Website, and content, such as software, documents and other materials, that appear on the Website.

You may not copy, redistribute, republish or otherwise make the materials on the Website available to anyone else for a commercial purpose without our consent in writing unless expressly permitted by a separate end user license that allows this activity.

You may print or download materials from the Website for your own personal use or for non-commercial use and you may copy the content for other individuals for their personal information provided that:

• No materials are modified in any way.
• No graphics are used separately from accompanying text.
• Our copyright and trademark notices appear in all copies and you acknowledge this Website as the source of the material.
• The person to whom you provide these materials is made aware of these restrictions.

Specific license terms for materials on the Website may allow broader rights of use, subject to such terms.

Nothing in these terms and conditions grants any license to use any Samsung brand. However, you may be entitled to use bada Developers in accordance with our published guidance from time to time.

We may display the availability of Samsung or other goods and services on this Website. Some of these goods or services may only be available in certain jurisdictions and therefore we reserve the right to choose where such goods or services are supplied. By advertising the availability of any goods or services, we do not warrant that such goods or services will be available and you must check with your local Samsung contact for further information. Where we supply goods or services either through this Website or through other means, additional terms and conditions may apply in addition to any applicable terms and conditions within these terms and conditions.

The bada developer site provides various educational materials to support application development on bada.

Tutorials:

The Tutorials provide a high-level overview of bada along with practical information and tips to help you get started quickly and productively.

API Reference:

The API reference provides descriptions for all bada namespaces, classes, and methods.

The bada developer site provides development tools, such as bada SDK, IDE.

SDK :

The bada SDK contains tools and features that help you to efficiently create compelling functionality in your application. The SDK includes the bada open APIs that run on supported mobile devices as native applications. The bada SDK also includes Header files, Simulator, Sample applications, Example code, Release notes and developer documentation.

IDE :

The bada IDE enables you to easily manage the application development flow. Samsung bada uses an Eclipse Rich Client Platform (RCP) IDE which is based on CDT (C/C++ Development Tools). The IDE contains a compiler for simulation (g++-x86) that runs on Cygwin. The IDE also provides several tools such as Application Wizard, UI Builder, Resource Explorer, Resource Monitor, and File Explorer.

FAQ :

The FAQ provides answers to frequently asked questions.

Forum :

Forum lets you discuss anything about bada with others.

Bug Report :

Bug Report is provided when you found bugs about bada.

The My Applications section is where you control your application life-cycle from beginning to end.

Application Manager :

You can manage your application here, e.g. see application list and go to generate a New Application Profile.

Generate a New Application Profile:

To use bada services, you must create an application profile to uniquely identify your application. The unique identification allows bada to deliver the correct services and content to your application.

Application Profiles :

Application Profiles section is where you configure application details for getting the offered bada services.

Select System Requirement :

Select system requirement that your application will run on.

Download Manifests :

Download the manifest files needed for your application.

Component Setup :

Configure component property to get advanced services offered through bada server.

When we make software available for users to download through the Website, any such download is subject to the terms of our end user license agreement in addition to these terms and conditions. We may also wish to specify certain additional licensing terms in connection with specific software and if any such additional software licensing terms apply, these will be notified to you at the time you agree to license the software.

We may publish on the Website what we term “example code” or “sample applications” which is software developed by Samsung and which we make freely available for developers to use. This is provided under the terms of our example code license.

Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right (at no charge) to use, copy, distribute, sub-license and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our content standards. You warrant that any material you upload does not and will not infringe any third party intellectual property rights.

These terms and conditions do not exclude us from liability (if any) to you for:

• Personal injury or death resulting from our negligence.
• Fraud.
• Any matter which would be illegal for us to exclude or to attempt to exclude ourselves from liability.

We do not guarantee that this Website or any product or service provided through it will be compatible with all or any hardware or software which you may use. We do not guarantee that this Website will be available all the time or at any specific time. We reserve the right to withdraw or modify this Website at any time.

We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this Website. Our liability to you shall not under any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

SUBJECT TO THE ABOVE, SAMSUNG’S TOTAL LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS AND/OR ARISING OUT OF YOUR USE OF THE WEBSITE SHALL IN NO EVENT EXCEED THE SUM OF FIFTY US DOLLARS (USD $50).

By using the Website, you agree to indemnify Samsung and other companies and corporations in the Samsung group against any costs, damage, claims, liabilities and expenses incurred as a result of your breach of these terms and conditions, the privacy policy or any other applicable terms.

The information, documents, software and other materials (“Content”) contained on the Website are provided “as is” and are given for general information and interest purposes only. We try to ensure the Content contained on the Website is accurate and up to date, but we cannot be responsible for any errors, faults or inaccuracies in any Content. As a result, you should not rely on the Content, and we recommend that you take further advice or seek further guidance before taking any action based on it. Our liability to you as explained above remains unaffected by this. . In particular, we may make available software and technology which is “beta” (meaning that it has not been fully tested or tested at all) and you should make sure you use such technology in a test environment in case it causes damage).

To the fullest extent permitted by law, we expressly exclude all representations, conditions, warranties or other terms that apply to such content or information including any implied warranties of satisfactory quality, merchantability, fitness for a particular or any purpose, and non-infringement that might otherwise apply but for this clause.

If in a relevant jurisdiction these limitations and exclusions are not permitted, our liability shall be limited and excluded to the fullest extent permitted by law.

We may link to other sites that are not within our control. When we do this, we try to make it as clear as possible that you are leaving the Website. We are not responsible for these sites in any way, and do not endorse them. It is your responsibility to check the terms and conditions and privacy policy on any other site that you visit.

You may not link to this Website from another site without our consent in writing. For consent, you must comply with the following guidelines:

• Links must be to the page agreed with us on the Website.
• You may not create a frame or any other border around the Website.
• The site from which you wish to link must comply with all relevant laws and regulations and must not contain content that may be considered to be distasteful or offensive.
• You must not imply that we endorse or are associated with any other site, product or service.

The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions is governed by the law of England and Wales.

The English and Welsh courts have non-exclusive jurisdiction to settle any disputes that may arise out of or in connection with these terms and conditions or use of the Website.

We will treat personal data provided by you to us in accordance with our privacy policy. You warrant that you are entitled to provide such personal data to us.

In general, you can view parts of the Website without giving us any information. On certain pages, we request information about you, for example, the registration pages. We are able to provide you with our full Website environment only if you have completed and submitted the information required for the registration process, and this information is accepted by us in accordance with our Website terms and conditions.
Some of the information that we collect is ‘Personal Data’. This means data that is related to you and identifies you. In this policy, we use the terms ‘Personal Data’, ‘information about you’, and ‘your information’ interchangeably.

We may use information about you for any of the following purposes:

• To register you on our Website, to administer our Website services (including processing any searches or requests for information about our products or services), and to allow you to use those services.
• To access and analyze our market, customers, products and services (including asking you for your opinions on our products and services and carrying out customer surveys)
• To enable us to monitor, review and improve the products and services that we offer
• To keep internal records
• To carry out marketing activities (subject to the direct marketing section below)
• To conduct free prize draws, prize competitions, or promotions
• To consider employing you if you have provided information pursuant to an application for a position with us

All of the above apply equally to the use of information about you for such purposes by a Samsung Group Company.

We collect information about you using various methods, including:

• When you submit it through the Website.
• When you telephone or email us, or correspond with us by means other than through this Website.

We may combine information that we collect about you through this Website with information that you provide to us by other means, or that is provided to us by third parties. We may store that information together in a combined database or in separate databases.

We will not retain information about you for longer than is necessary for the purpose for which it was intended, or as required under any contract or by law (and we usually delete data once a user tells us that that he or she will no longer be using a service). We will not collect an excessive amount of information from you nor information that is not relevant to the purposes for which it collected .

We may automatically collect non-personally identifying technical information from you when you connect to this Website. An example is the domain name of another website from which you linked to this Website. We collect this information to help us identify people’s browsing preferences. The information is used for internal purposes only so that we can carry out research on your demographics, behavior and interests. Anonymous or generic information from which you cannot be personally identified is not Personal Data and is therefore outside the scope of this policy.

We do not disclose to any third parties Personal Data that relates to you without your consent, except:

• To a Samsung Group Company
• Where it is necessary to enable any of our staff, employees, agents, contractors, suppliers or commercial partners to provide a service to us or to perform a function on your behalf (including providing marketing assistance, market research or customer services; and administering your membership, supplying products or services that we provide to you now or in the future, or any free prize draws, prize competitions or promotions)
• To our professional advisers
• To the purchaser or potential purchaser of our rights and obligations relating to this Website
• Where it is necessary in order to pursue our legitimate interests or if we are required to or are permitted to do so by law

You acknowledge that any information that you submit into any environment that is visible to others (such as My Application, Blog and Support) results in such information being published in a like manner. You must take common sense precautions with the information you provide in such environments and acknowledge that your information is published in such a way for others to see.

For any disclosure of your Personal Data by us to a carefully selected third party or to any third party on the above list, we will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party does not use your Personal Data for any purpose other than purposes that we specify and in accordance with the purposes outlined in this policy, and keep it secure.

We will take all reasonable precautions to ensure that our staff and employees who have access to information about you have received adequate training to ensure that they process that information only in accordance with this policy and with our obligations under data protection law. We may take disciplinary action against our staff and employees in the event of non-compliance, should we consider this to be appropriate.

We may use your Personal Data to provide you with information about products, promotions, and other such information which we believe may be of interest to you, if you select to receive such information by email or post when you complete the registration process.

You can change your mind about your preferences regarding direct marketing by using the unsubscribe information in every such mailing or by updating your user profile. You can do this at any time. If you do so, we do not remove your Personal Data from our databases but we do note your changed preferences as soon as reasonably possible.

Under certain data protection laws, you may have the right to request details of Personal Data that we hold about you. If we are permitted by law, we may charge you a small fee. If you would like to make any such request, write to our Data Protection Compliance Officer by emailing svc.bada@samsung.com (Website webmaster).

You can help us to ensure that the information about you that we hold is accurate and up to date. If you think that any information we have about you is incorrect or incomplete, write to our Data Protection Compliance Officer. We will correct or update any information about you as soon as reasonably possible.

We are committed to ensuring that your information is secure. In order to do so, we have put in place reasonable procedures to safeguard and secure the information we collect through the website. This has been done with a view to preventing unauthorized or unlawful processing of your Personal Data and accidental loss or destruction of, or damage to, your Personal Data. Whilst we have done all of this, we cannot guarantee that your information is secure when submitted or otherwise communicated through insecure means.

We protect the security of your information by:

• Using encryption where appropriate.
• Using password protection where appropriate.
• Limiting access to your information (for example, only our staff or employees who need access to it for the purposes described above have access to it).

You must also take appropriate steps to keep your information secure by not using an obvious login name and password, by changing your password regularly, and by ensuring that you do not divulge your password to any other person.

This Website may link to other websites that are outside our control. Whilst we try to ensure that we link only to websites that share our privacy and security standards, once you have left this Website we cannot be responsible for the protection and privacy of any information that you provide to other websites. You should exercise caution, and review the privacy statement applicable to the website in question.

We use cookies for certain areas of our Website. Cookies are files that store information on your hard drive or browser. They enable this Website to recognize that you have visited it before. Cookies help us to understand which sections of this Website are the most popular because they allow us to see which pages visitors are accessing and how much time they are spending on them. By studying these, we are better able to adapt this Website to suit your demands and provide you with a more customized user experience. For example, cookies allow us to ensure that the information displayed on your next visit to this website will match up with your user preferences.

You may configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. For example, on Microsoft Internet Explorer, you can disable or delete cookies by selecting “Tools > Internet Options” and reviewing your privacy settings or selecting “delete cookies”. Note, however, that this Website is designed to work using cookies and disabling them may affect your usage of this Website and prevent you from taking full advantage of it. We do not exchange cookies with any third party websites or external data suppliers, except with third parties working with us to provide services to you.

This Website and the communications generated from using or registering on this Website, such as promotional emails, may contain electronic images known as "web beacons". Web beacons generally work in conjunction with cookies, and we may use them in the same way we use cookies (see above).

Under these terms, we will make available a range of products and services as further described below. These terms and conditions together with our website terms and conditions and privacy policy (both of which are deemed incorporated into these terms by reference) govern our relationship with you in relation to your Hub membership of the Samsung Mobile Innovator website (innovator.samsungmobile.com) and form a legally binding agreement between you and Samsung Electronics (UK) Limited, a UK limited company (registered number 03086621) with its registered office at 1000 Hillswood Drive, Chertsey, Surrey KY16 0PS.

During the period of your membership, we will provide a range of products and services which may include some or all of the following:

• Samsung technical documentation, plug ins and tools
• remote phone management ( Lab.dev )
• event information
• services related to Symbian signed (please note that Symbian Signed is subject to separate contractual arrangements)
• access to discussion boards

The exact range of available services will be determined by Samsung and will vary from time to time. You will be notified accordingly. Samsung will have no liability to you if any of the above products or services are not available when you ask for them.

Access to Hub Member benefits is subject to your compliance with these terms, the website terms and conditions, and privacy policy, and with any other applicable terms and conditions that relate to items offered to you as part of your Hub Membership. We will issue you with a password so that you are able to access Hub Member services. You must not share any password or username with anyone else and it is your responsibility to make sure your password and user details are secure.

These terms and conditions do not exclude our liability (if any) to you for:

• personal injury or death resulting from our negligence;
• fraud;
• any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when you access this website. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

Your Hub Membership begins when we accept your application and send you an email confirmation that your membership has commenced. Your membership will continue until terminated.

Either one of us can terminate your Hub Membership at any time by sending an email in our case, to the email address used by you when you registered for Hub Membership and in your case, by you sending an email to us at innovator@samsung.com requesting termination of your membership.

We reserve the right to vary the range of products and services available through Hub Membership at any time and introduce charges for any such products and services.
Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of the other party, nor authorise any party to make or enter into any commitments for or on behalf of the other party.
The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions, or of any single one of these terms and conditions, will be governed by the law of England and Wales.
The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.