Samsung GH68_3XXXXA user manual 188, Indemnification, Choice of Law, Miscellaneous

REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

Indemnification

You agree to defend, indemnify and hold harmless Samsung from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made possible due to your failure to take reasonable measures to protect your username and password against misuse.

Choice of Law

Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

You and Samsung agree to submit to the non-exclusive jurisdiction of the competent courts in the State of New York to resolve any legal matters arising from the Terms. Notwithstanding this, you agree that Samsung shall still be allowed to apply for injunctive remedies (or equivalent type of urgent legal relief) in any jurisdiction.

Miscellaneous

The Terms (including all documents comprising the Terms) constitute the entire agreement between you and Samsung, and supersedes any prior agreement between you and Samsung, with respect to your use of the Service. Your use of any third-party content or service accessed via the Service will be governed by the terms and conditions furnished with, and applicable to that content or service. If any provision of the Terms is held invalid, illegal or unenforceable, that portion of the Terms shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portion of the Terms shall remain in full force and effect. Samsung's failure to enforce any right or provision of the Terms will not constitute a waiver of such provision, or any other provision of the Terms.

Samsung will not be liable or responsible for any failure to fulfill any of its obligations under the Terms which failure is due to any cause or condition beyond the reasonable control of Samsung. If there is any conflict between these Social Hub Terms and Conditions and the Social Hub Privacy Policy, the provisions of these Social Hub Terms and Conditions shall prevail. The provisions of the Terms that are intended to or by their nature should survive termination of your use of the Service shall remain valid after any such termination.

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