Samsung SGH-T679DBWTMB - Manual (Page 253)

Warranty Information 249
SAMSUNG SHALL NOT BE HELD RESPONSIBLE
FOR ANY THIRD PARTY CONTENT OR SERVICE
THAT MAY BE ACCESSED THROUGH THE
SERVICE, NOR SHALL SAMSUNG BE HELD
RESPONSIBLE FOR MALICIOUS CODE
CONTAINED ON OR DISTRIBUTED THROUGH BY
THIRD PARTIES.
YOU ASSUME FULL RESPONSIBILITY FOR ANY
DAMAGES, LOSSES, COSTS, OR HARM ARISING
FROM YOUR USE OF OR INABILITY TO USE THE
SERVICE. TO THE EXTENT PERMITTED BY LAW,
EXCEPT FOR LIABILITY FOR DEATH OR
PERSONAL INJURY CAUSED BY GROSS
NEGLIGENCE OR INTENTIONAL MISCONDUCT,
SAMSUNG DISCLAIMS ALL LIABILITIES WITH
RESPECT TO YOUR USE OF THE SERVICE
(INCLUDING DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES).
IF THERE IS A CLAIM THAT WE HAVE BREACHED
ANY OF THE PROVISIONS IN THE TERMS, THIS
DOES NOT AFFECT OR INVALIDATE THE OTHER
PROVISIONS.
CERTAIN STATUTORY PROVISIONS UNDER
APPLICABLE LAW MAY IMPLY WARRANTIES OR
CONDITIONS OR IMPOSE OBLIGATIONS UPON
SAMSUNG WHICH CANNOT BE EXCLUDED,
RESTRICTED OR MODIFIED OR CANNOT BE
EXCLUDED, RESTRICTED OR MODIFIED EXCEPT
TO A LIMITED EXTENT. THE TERMS MUST BE
READ SUBJECT TO THESE STATUTORY
PROVISIONS. IF THESE STATUTORY PROVISIONS
APPLY, TO THE EXTENT TO WHICH SAMSUNG IS
ABLE TO DO SO, SAMSUNG LIMITS ITS LIABILITY
UNDER THOSE PROVISIONS TO, AT ITS OPTION,
IN THE CASE OF SERVICES (A) THE SUPPLYING
OF THE SERVICES AGAIN; OR (B) THE PAYMENT
OF THE COST OF HAVING THE SERVICES
SUPPLIED AGAIN AND, IN THE CASE OF GOODS,
(A) THE REPLACEMENT OF THE GOODS OR THE
SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR
OF THE GOODS; (C) THE PAYMENT OF THE COST
OF 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.