339
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
