Article 1 (Purpose)
The purpose of these “Terms of Service” is to set forth the rights, obligations and responsibilities of Samsung Electronics Co., Ltd. (hereinafter referred to as “Samsung”) and the User in respect of the membership and use of the relevant Creative Square Service (hereinafter referred to as the “Service”) provided by the Creative Square Site (www.samsungcreativesquare.com) operated by Samsung.
Article 2 (Definitions of Terms)
- “Site” shall mean the Internet and on-line environment of the Creative Square Site Homepage (www.samsungcreativesquare.com) built by Samsung to provide the relevant information of the Service to the Users.
- “User” shall mean the customer who access and use the Service made available by Samsung in accordance with these Terms of Service. Unless otherwise prescribed in these Terms of Service, the scope of the User includes the Member.
- “Member” shall mean the User who subscribed to the membership by providing his or her personal information to the Site to receive information from the Site on a continuous basis and use the Service offered by Samsung in accordance with this Terms of Service. . The membership application procedure is deemed to be concluded when a person who intends to join as a Member duly agrees upon this Terms of Service and applies for the membership, and thereafter Samsung approves thereto.
- “Idle Member” shall mean the Member who has not logged in for more than twelve (12) consecutive months since he or she last logged in to the Site.
Article 3 (Notification, Explanation and Amendment of Terms of Service)
- Samsung shall post these Terms of Service in the initial start page of the Site to help the User and the Member easily notice and read the Terms of Service. Notwithstanding the foregoing, the content of these Terms of Service may be exposed to the User through a linked page.
- In the event of any amendment of these Terms of Service, the announcement stipulating the date of application and the cause of amendment shall be displayed on the initial start page of the Site from fourteens (14) days prior to the date of application to the previous day of the date of application. Notwithstanding the foregoing, in the event that such amendment becomes disadvantageous to the User, such amendment shall be announced at least thirty (30) days prior to the date of application. In this case, the announcement shall include a table specifying the modification on a before-and-after basis for easy understanding of the User.
- In the event of any amendment of these Terms of Service, the amended Terms of Service shall be applied only to the User became a Member after the date of application, whereas the provisions of these Terms of Service prior to the amendment shall be applied to the User who has been previously concluded to be a Member prior to the same date. Notwithstanding the foregoing, in the event that the User who has already became a Member sends his or her intent to be applied by the provisions of the amended Terms of Service to Samsung within the period of announcement for the amendment of these Terms of Service in accordance with Clause 4 and acquires the approval of Samsung therefor, the provisions of the amended Terms of Service shall be applied accordingly.
- When giving notice to the User pursuant to the above provision of this Clause, Samsung will clearly inform that the amended Terms of Service will be deemed to have been approved by the User if he or she does not provide Samsung with a notice of his or her intent of non-acceptance of the amended Terms of Service within thirty (30) days thereafter. If the User does not provide such notice to Samsung, it shall be deemed that such User has accepted and agreed to the amended Terms of Service.
- If the User does not accept and agree to the amended Terms of Service, the User may terminate this Terms of Service and shall not be applied to amended Terms of Service. Samsung may also terminate this Terms of Services under reasonable circumstances for not being able to apply the then-current Terms of Service thereto.
- Issues not explicitly mentioned in these Terms of Service will be resolved under the applicable laws including the Regulation of Standardized Contracts Act, the Law on Promotion of Information and Communications Network Utilization and Information Protection, etc., other related laws and general trade conventions.
Article 4 (Notification)
Samsung shall perform and provide the following services.
- ① Introduction of Creative Square and provision of information on and support for contests;
- ② Log-in service for Users who are registered as Members of the Site and Community Bulletin Board;
- ③ FAQ and Q&A services regarding the Creative Square Contests; and
- ④ Other services determined by Samsung.
When the content of the Service is changed, Samsung shall notify such changed content of the Service through the bulletin board on the initial start page of the Site.
3Samsung may occasionally notify the Member of any information that is deemed necessary to be known by the Member via e-mail, however, that the Member shall have a right to refuse to receive such e-mail through the Join menu or the Personal Information menu. In this case, however, if the Service is closed or significantly changed, Samsung may notify the Member thereof notwithstanding the Member's refusal to receive the aforementioned e-mail.
Article 5 (Suspension of Service)
- Due to maintenance, inspection, replacement, breakdown or loss of communication equipment regarding ICT facilities such as computers or under any other reasonable circumstances, Samsung may temporarily suspend the Service in use.
- In the event if any unavailability of provision of the Service due to any conversion of business items, abandonment or interruption of business, etc., Samsung may notify the Member thereof in the manner stipulated in Article 8 or any means equivalent thereto.
- Samsung is not responsible for any damage arising out of the suspension of Service as long as it is not attributable to Samsung. . Notwithstanding the foregoing, this shall not apply if the Samsung proves that such temporary interruption of the Service is not caused by its intention or negligence.
Article 6 (Membership)
Samsung may register the User who applied for the membership in the manner stipulated in the above Clause 1 as a Member, provided that the User is not engaged in one of the following.
- A. The applicant who lost his or her membership in the past in accordance with Clause 3 of Article 7 of these Terms of Service. Notwithstanding the foregoing, this shall not apply to those who acquired the approval of Samsung for re-subscription of the membership after three (3) years have passed from the date of loss of membership in accordance with Clause 3 of Article 7 of these Terms of Service;
- B. The applicant who registered as a Member or used the Site by using a false name or under disguised ownership;
- C. There is false information, omission or misrepresentation which the applicant provided Samsung or registered on the Site; or
- D. Samsung deems under its sole discretion that the applicant may cause significant operational or technical issues .
- The Memership shall take effect at the time when the membership application procedures are completed on the Site.
Article 7 (Withdrawal from Membership and Loss of Eligibility)
- The Member may at any time request Samsung for the withdrawal of their membership. During the period of three (3) months from the date of the withdrawal from membership, the member is not allowed to re-apply for membership using the same ID.
In the event that the Member is engaged in one of the following, Samsung may limit or suspend the eligibility of the Member.
- A. The Member registered false information at the time of the application for membership;
- B. The Member interrupts others to use the Service or threats the order of e-commerce including stealing information; or
- C. The Member engages in an action contrary to the relevant applicable laws, these Terms of Service and good public order and customs.
- Samsung may cancel the membership of the Member whose membership is suspended or limited according to the above Clause 2, and repeats the same action falling under one of the items specified in the above Clause 2 even after receiving the request for correction of such action within a reasonable period of time from Samsung.
- In the event of the cancellation of membership, Samsung shall notify it to the Member and grant the Member an opportunity to explain the cause prior to the cancellation.
- In the event of the withdrawal from membership or loss of eligibility under this Article, Samsung shall without delay destroy or delete the Member's personal information unless otherwise required by applicable laws.
- Samsung shall provide the Idle Member with a notice of the loss of eligibility via e-mail. In this case, if the Idle Member does not reply within a reasonable period of time specified in the aforementioned notice, Samsung may cancel the Member's membership. In the event of the above Clause, Samsung shall without delay destroy or delete the Member's personal information unless otherwise required by applicable laws.
Article 8 (Notification to Member)
- In the event of any notification of Samsung to the Member, such notification may be delivered via an e-mail address unless otherwise prescribed in these Terms of Service.
- Samsung, in the event of the notification to unspecified Members, may replace individual notifications by displaying such notification on the bulletin board on the Site for one (1) week or more. Notwithstanding the foregoing, Samsung shall give individual notices to the Member in respect of any matter which has a significant influence on such Member.
Article 9 (Protection of Personal Information)
Article 10 (Obligations of Samsung)
- Samsung shall comply applicable laws and this Terms of Service. Samsung will use its best efforts to provide the Service on a stable basis in accordance with the provisions of this Terms of Service.
- Samsung will use its best efforts to have a security system for the protection of personal information of the Users so that they can safely use the Service.
- Samsung shall not send any e-mails for commercial purposes which the User does not want to receive.
Article 11 (Obligations for ID and Password of Member)
- Each Member shall be responsible for the management of his or her ID and password, except the case in Article 9.
- Each Member shall not allow any third party to use her or her ID and/or password.
- In the event that the Member recognizes that his or her ID and/or password is stolen or used by a third party, the Member shall immediately notify such fact to Samsung in a proper manner, and follow the instructions of Samsung, if required.
Article 12 (Obligations of User)
The User shall not do any of the following:
- Register or change information falsely at the time of Membership application process orthereafter ;
- Infringing others' personal information;
- Change of information displayed by Samsung with unauthorized ways;
- Remit or display any information (including computer program) contrary to the purpose of the Service or prohibited by Samsung on the Creative Square Site;
- Infringe or violate intellectual property rights (including copyrights) of Samsung or a third party;
- Take any action to bring disgrace, harm reputation, or interrupt the operation of Samsung or a third party;
- Disclose or display any information containing indecent or violent messages, videos, voice and other information contrary to the good public order and customs on Creative Square Site;
- Use the Creative Square Site or the Service for any commercial purpose not authorized by Samsung; or
- Engage in any other illegal or unjust behaviors when using Service.
Article 13 (Copyright and Limitation of Use)
- The copyright and other intellectual property rights for the works produced and provided by Samsung shall belong to Samsung.
- The User shall not use or cause a third party to use the information of which intellectual property rights belong to Samsung among those acquired in the course of use of the Site or the Service for the reproduction, transmission, publishing, distribution, broadcasting or other commercial use without the prior consent of Samsung.
Article 14 (Resolution of Dispute)
The Company makes reasonable effort to proceed to solve a dispute arising between the User, Samsung and any Member.
Article 15 (Governing Law and Jurisdiction)
- A conflict arising between Samsung and the Member shall be governed by the laws of the Republic of Korea.
- A dispute arising between the Users, Samsung, and any Member shall proceed under the Korean Civil Procedure Act.
1. The Terms of Service shall take effect as of June 12 , 2017.