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Indemnification, Choice of law, Miscellaneous – Samsung SCH-R760IBAXAR User Manual

Page 189

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Warranty Information 185

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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