WEBSITE TERMS OF USE

Effective date: 23.07.2020.

These Website Terms of Use (hereinafter, the “Agreement”), is entered by and between:

SIA “SAMSUNG ELECTRONICS BALTICS”, a limited liability company organized and existing under the laws of Latvia, registered with the Latvian Register of Enterprises under the registration number 40003963909, having its registered address at 6 Duntes Street, Riga LV-1013, Latvia (hereinafter, “SEB”),

and

the user of website www.skatos.tv / www.ziurek.tv / www.vaata.tv (hereinafter, the “Website”).

YOU UNDERSTAND THAT BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ANY OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THIS SITE.

  1. 1. General Conditions of Use

    1. 1.1. You agree to use the Website in accordance with, and comply with, all applicable laws and the terms of this Agreement. You further agree that you will not induce or solicit third parties to commit unlawful acts in connection with the Website.

    2. 1.2. If SEB has a reason to believe that you have breached this Agreement, SEB or its designated agent may inspect your use of the Website and verify your compliance with this Agreement. You will not interfere with such monitoring by SEB and will provide information as may be reasonably requested by SEB to ensure that your use is compliant with the terms of this Agreement. SEB reserves the right (but has no obligation) to suspend or terminate your access to the Website if SEB, in its sole discretion, believes that you have breached the terms of the Agreement, any policy to which reference is made in this Agreement or have violated any applicable law. SEB shall have no liability with respect to such suspension or termination.

    3. 1.3. There may be third party software and/or services made available to you by SEB or third parties on or in connection with the Website or otherwise in connection with your use of the Website (hereinafter, the “Third Party Service(s)”). SEB provides no warranty, does not necessarily support and has not necessarily confirmed the validity, functionality or screened the content of such Third Party Services and any use of Third Party Services shall be at your own risk. Availability of such Third Party Services does not constitute an endorsement by SEB and availability of the Third Party Services does not necessarily mean that the Third Party Services will interoperate with any of the services provided by SEB. Your use of the Third Party Services shall be subject to the Third Party Service policies. Any Third Party Services that you receive shall be governed by the terms of service of the third party provider, provided that you have accepted such terms of service of the third party provider. SEB and its licensors and vendors shall have no obligation and/or liability whatsoever with respect to such third party or Third Party Services. Third Party Services may be removed from or no longer be available through the Website at any time.

    4. 1.4. While using the Website, SEB may request that you provide comments or feedback with respect to the Website (hereinafter, the “Feedback”). You understand and agree that SEB may use any such Feedback in an anonymous form for any purpose, including for the purpose of implementing the Feedback in future versions of the Website and/or other offerings without attribution or compensation of any kind or for marketing the services of Website. You grant SEB the right to use all your Feedback in an anonymous form for any purpose. You represent and warrant that your Feedback will not include any of your proprietary or confidential information or confidential information of any third party and that you have full authority to grant the foregoing right to SEB.

  1. 2. Changes and Updates to Terms

SEB may modify this Agreement at any time by posting a revised version at the Website, notifying you in accordance with Section 13 below thereabout. The modified terms will become effective upon your acceptance.

  1. 3. Changes to the Website and Service Level

    1. 3.1. SEB intends to periodically update, improve and/or discontinue certain functionality associated with the Website and your user experience. As a result, the Website and the service level it offers may be substantially modified. SEB reserves the right at any time to modify and/or discontinue any of the components of the Website. Such modifications to the Website may inhibit your ability to use existing applications. SEB will use reasonable efforts to notify you of material modifications to the Website through the Website.

    2. 3.2. The Website service is generally provided through internet connectivity and third party vendors that SEB does not control and may be subject to delays, outages or other problems; SEB is not responsible for any such delays or outages. More broadly, SEB makes no warranties, or covenants whatsoever regarding uptime of the Website service, connectivity, hosting conditions, load balancing, security, monitoring, backup, archiving, recovery, release management, change control, maintenance, availability, and the like.

  2. 4. Fees and Payment

    1. 4.1. SEB does not sell any of the products through the Website. SEB does not charge any fee for accessing or browsing.

    2. 4.2. SEB has entered into agreements with certain authorized third parties (hereinafter, “Business Partners”). Notwithstanding the above, SEB shall not be responsible for:

  1. (i) the actions of Business Partners;

  2. (ii) any additional obligations Business Partners have to you; or

  3. (iii) any products or services that Business Partners supply to You under any separate agreements between you and the Business Partner.

    1. 4.3. From time to time, SEB may offer you certain promotional pricing or programs during a specific term (hereinafter, the “Promotional Period”).

  1. 5. Intellectual Property

    1. 5.1. The trademarks, logos, trade names and service marks of SEB and third parties (hereinafter, collectively, the “Trade Marks”) displayed as part of the Website are the property of SEB or other parties. You are not permitted to use the Trade Marks without the prior written consent of SEB or the third party trademark owner. This Agreement does not constitute such consent.

    2. 5.2. You agree that SEB and its licensors own all legal rights and interests, including intellectual property rights, in the Website and any of the services associated with or related to the Website. SEB grants to you the right to access and use the Website as contemplated under this Agreement, subject to your compliance with this Agreement. You only acquire the right to use the Website and do not acquire any rights of ownership with respect to any elements of the Website. You shall not:

  1. (i) sublicense, sell, rent, distribute, assign or otherwise transfer the Website or any elements thereof;

  2. (ii) reverse engineer, decompile or disassemble the Website except to the extent such conduct is permitted under applicable law notwithstanding this restriction;

  3. (iii) remove or modify any of the copyright, trademark or other proprietary notices contained in the Website;

  4. (iv) modify or create derivative works of the Website;

  5. (v) copy the Website or any of the software underlying the Website, other than as may otherwise be permitted pursuant to an applicable software license; or

  6. (vi) use the Website to create products or services that compete with the Website.

The licenses granted to you by SEB are conditioned on your continued compliance with the terms of this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement.

  1. 6. Continuing Business

Nothing in this Agreement will preclude or limit SEB from providing software, materials or services for itself or other clients, irrespective of the possible similarity of such software, materials or services to those that might be delivered to you.

  1. 7. Linking and Hyper-Linking

The Website may contain links to external sources, websites or content that are not owned, created or managed by SEB. SEB does not have control over such sites or content and has not reviewed them. The inclusion of any link to a website does not imply endorsement by SEB of the website or their sponsoring entities, products or services. You agree that SEB is not responsible or liable for any loss or expenses that may result due to your use of (or reliance on) the external site or content.

  1. 8. Limited Liability and Disclaimer of Damages

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SEB, ITS AFFILIATES, OR THEIR LICENSORS OR VENDORS BE LIABLE TO YOU OR YOUR AFFILIATES FOR ANY INDIRECT OR INCIDENTAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, EVEN IF SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER SEB, ITS AFFILIATES NOR THEIR LICENSORS OR VENDORS WILL BE RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

  1. (i) YOUR INABILITY TO USE THE WEBSITE, INCLUDING AS A RESULT OF (a) ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE WEBSITE OFFERINGS, (b) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS WITH RESPECT TO THE WEBSITE, OR (iii) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE WEBSITE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS;

  2. (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR

  3. (iii) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE WEBSITE OR SERVICE OFFERINGS RELATED IN ANY MANNER TO THE WEBSITE.

TO THE EXTENT THAT LIABILITY FOR CERTAIN DAMAGES MAY NOT BE LAWFULLY EXCLUDED OR LIMITED AS PROVIDED ABOVE, THE TERMS OF THIS SECTION 8 WILL BE ENFORCED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.

  1. 9. No Warranties

You understand and agree that the Website may contain bugs, errors and/or inadequacies. FOR ALL CIRCUMSTANCES AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE AND SOFTWARE OF SEB, ITS AFFILIATES AND THEIR LICENSORS AND VENDORS AND ANY THIRD PARTY SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. NEITHER SEB NOR ITS AFFILIATES, LICENSORS OR VENDORS MAKES ANY GUARANTEE OR WARRANTY THAT THE USE OF THE WEBSITE, ANY SOFTWARE UNDERLYING THE WEBSITE AND/OR ANY THIRD PARTY SERVICES WILL BE SECURE, UNINTERRUPTED, BE ERROR FREE OR THAT SEB WILL CORRECT ALL SOFTWARE AND/OR SERVICE ERRORS.

  1. 10. Indemnification

You agree to indemnify and hold harmless SEB, its affiliates and their licensors and vendors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, liabilities and expenses (including reasonable attorneys’ fees and associated litigation expenses) arising out of or relating to:

  1. (i) Your use of the Website;

  2. (ii) Your breach of this Agreement, or violation of applicable law by you;

  3. (iii) any dispute between you and a Third Party Service.

SEB will provide you with written notice of any claim, suit or action, but its failure to do so does not relieve you of your obligations under this Section 10.

  1. 11. Term and Termination

    1. 11.1. The Agreement will continue in effect until terminated as set forth in accordance with this Section 11.

    2. 11.2. You may stop using the Website at any time. SEB may terminate this Agreement at any time.

    3. 11.3. Upon termination of the Agreement, all rights under this Agreement will cease. The following Sections of this Agreement will survive such termination or expiration for any reason whatsoever: 1.4, 3.2, 5.1, 5.2, 8, 9, 10, 11.3, 14.4 and 14.7.

  2. 12. Governing Law/Venue for Resolution of Disputes

The validity, interpretation and enforcement of this Agreement will be governed by and construed in accordance with the laws of Latvia without giving effect to the conflicts of laws provisions thereof. All disputes arising out of or relating to this Agreement will be submitted to the jurisdiction of Latvian courts.

  1. 13. Notices

SEB may provide a notice to you under this Agreement by posting the notice on the Website. Notices provided by posting on the Website will be effective upon posting.

To give notice to SEB under this Agreement, you must contact SEB by post, sending notices to SIA “Samsung Electronics Baltics”, 6 Duntes Street, Riga LV-1013, Latvia. SEB may update its contact information by posting a notice on the Website. Notices must be in the English language.

  1. 14. Miscellaneous

    1. 14.1. This Agreement is binding on the parties hereto, and nothing in this Agreement grants any other person or entity any right, benefit or remedy of any nature whatsoever.

    2. 14.2. All headings contained in this Agreement are inserted for identification and convenience and will not be deemed to constitute part of this Agreement for purposes of interpretation.

    3. 14.3. If any provision of this Agreement is held to be invalid or unenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such provision cannot be so modified, the parties agree that such invalidity will not affect the validity of the remaining provisions of this Agreement.

    4. 14.4. The delay or failure by either party to exercise any of the rights available under this Agreement or at law will not constitute or be deemed a waiver or forfeiture of such rights. No waiver will be valid unless made in writing and signed by an authorized representative of the party against whom such waiver is sought to be enforced.

    5. 14.5. This Agreement, including any policy referenced herein, represents the final, complete and exclusive statement of the agreement between the parties with respect to its subject matter, notwithstanding any prior written agreements or prior and contemporaneous oral agreements with respect to the subject matter of this Agreement.

    6. 14.6. Neither party may assign this Agreement to a third party without the prior written consent of the other party; provided, however, that SEB may assign this Agreement without such consent to an affiliate or to any third party in connection with the sale of all or substantially all of its business or assets to which this Agreement relates.

    7. 14.7. SEB and its affiliates will not be liable for any delay or failure to make the Website available for use by you where the delay or failure results from any cause beyond the reasonable control of SEB or its affiliates, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of public enemy, or war.