Terms of service

IMPORTANT – READ CAREFULLY. THESE TERMS OF SERVICE (“ThaiTvHD”) ARE A LEGAL AGREEMENT BETWEEN YOU ANDThaiTvHD ELECTRONICS CO., LTD. (“ThaiTvHD”) FOR THEThaiTvHD.Com SERVICE AND ANY RELEVANT SOFTWARE, DOCUMENTATION OR CONTENT THEREOF (COLLECTIVELY, THE “SERVICE”), THE SERVICE INCLUDES ALL CONTENT, ADVERTISEMENTS, RECOMMENDATIONS AND REVIEWS MADE AVAILABLE BY MEANS THEREOF (“CONTENT”) PROVIDED BYThaiTvHD, ITS AFFILIATES OR ITS THIRD PARTY SUPPLIERS OR LICENSORS. BY USING THE SERVICE THESE TERMS BECOME EFFECTIVE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND UNCONDITIONALLY AGREED TO BE BOUND BY THESE ThaiTvHD, INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION CLAUSES. ANY CHANGES WILL BE NOTIFIED TO YOU IN A TIMELY MANNER AND YOU WILL BE GIVEN A REASONABLE TIME PERIOD TO OBJECT TO SUCH CHANGES. IF YOU DO NOT OBJECT TO THE CHANGES IN TIME OR ACCESS OR USE THE SERVICE IN ANY WAY AFTER THE CHANGES HAVE BEEN IMPLEMENTED YOU WILL BE DEEMED TO HAVE UNCONDITIONALLY CONSENTED AND AGREED TO SUCH CHANGES. IN CASE YOU OBJECT TO THE CHANGESThaiTvHD HAS THE RIGHT TO TERMINATE THESE ThaiTvHD.

SERVICE DESCRIPTION
This Service allows users to discover and watchThaiTvHD.Com content on certain mobile devices and TVs on an ad-supported, on-demand basis. The Service includes all content, advertisements, recommendations and reviews made available by means thereof, and all features, functionality and user interfaces related thereto.

The Service may display advertisements and promotions and may be supported by advertising revenue. If you have aThaiTvHD Account and use it to sign into the Service, you may have access to additional features, such as “Favorite Channels” and “Watch List.”

You must not access or attempt to access any part of the Service other than through the interface for the Service made available byThaiTvHD, and may view the Content only in geographic locations whereThaiTvHD offers the Service and whereThaiTvHD makes the Content available(United Kingdom, Germany, Austria, France, Italy, Spain, Switzerland). Without limiting the foregoing, you must not access or attempt to access any part of the Service through any automated means, including scripts or web crawlers.

The quality of the display of the Service, and the availability of the Content, may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.

The Content made available by means of the Service will change from time to time. You acknowledge and agree that, by using the Service, you may be exposed to third-party Content that you may find offensive, indecent or objectionable and that, in that respect, you agree to use the Service at your own risk, and you further agree and acknowledge thatThaiTvHD is not liable or responsible for such third-party Content.

Samsung may, from time to time, temporarily suspend your use of some or all of the Service for maintenance and repair, with or without notice to you.

Samsung may terminate, suspend or restrict your use of the Service and access to the Content, immediately with, if (a) you breach any provision of these ThaiTvHD; or (b)ThaiTvHD is required to do so by law or regulation (for example, where the provision of the Service to you, or certain Content, becomes unlawful). Given the importance of receiving updates for security or safety related software in a timely manner, to resolve critical problems reported toThaiTvHD, and to defend against new threats and vulnerabilities, Service updates will be required which may limit your usage of the Service. Updates may result in data consumption, and we recommend you switch to a free Wi-Fi or free network connection to avoid any unintended data charges.

1. Grant of License
Subject to the terms of these ThaiTvHD, you are granted a limited, non-exclusive, and revocable license to install, access and use the Service. The services and features provided by the Service or Update (defined below) thereto may vary or be limited, with prior notice, depending on certain factors, including, without limitation, your country, device, operating system, or network operator. Unless you are 18 or older, you are not permitted to enter into these ThaiTvHD or use the Service unless your parent or legal guardian understands and consents to the terms and conditions of these ThaiTvHD. If you are under the age of 16, you may not license or use this Service. If you are a parent or guardian permitting a person 16 or older but younger than 18 (“Minor”) to use the Service, you agree to: (i) supervise the Minor's use of the Service; (ii) assume all risks associated with the Minor’s use of the Service, (iii) to the extent permitted by the applicable law, assume any liability resulting from the Minor’s use of the Service; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and be bound by these ThaiTvHD for the Minor’s access and use of the Service.

You expressly acknowledge and agree that use of the Service is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. By using the Service you acknowledge and agree thatThaiTvHD is not responsible for any third-party products and/or services and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such third-party service.

2. Reservation of Rights and Ownership
This Service includes software and data provided by third parties. You acknowledge that the Service is proprietary toThaiTvHD and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. These ThaiTvHD and your use of the Service do not grant you any ownership interest in or to the Service, and you are granted only a limited, personal, non-exclusive, non-transferable license to use that is revocable in accordance with these ThaiTvHD. You may not use the Service to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction.

3. Restrictions
Except to the extent that mandatory local law requires that you be able to do so, you may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Service; (ii) modify or disable any features of the Service; (iii) duplicate and/or create derivative works based on the Service; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the Service; (v) infringe our intellectual property rights or those of any third party in relation to your use of the Service (to the extent that such use is not licensed by these ThaiTvHD); (vi) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these ThaiTvHD, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system; (vii) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (viii) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; and (ix) use the Service to harass, threaten or harm any other person and/or violate another person’s privacy rights.

4. Update, Change or Suspension of the Service
Samsung may, at any time, provide or make available updates or upgrades to the Service (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the Service. You acknowledge and agree thatThaiTvHD is not obliged to provide you with Updates. Updates will be governed by these ThaiTvHD unless separate terms are provided with such Updates, in which case those separate terms shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users.

To the extent permitted by the applicable law,ThaiTvHD expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the Service or any portion thereof only with thirty (30) days prior notice and to the extent it is reasonable to you taking into account the interests both ofThaiTvHD and you (e.g. to provide new features to the Service or for urgent security reasons).

5. Third-Party Services and Content
Third-party services and/or content may be available to you through the Service. By subscribing to the Service you accept that such third-party content may be included in the Service. Notwithstanding anything to the contrary, each third party providing such service and/or content is solely responsible for its service and/or Content. To the extent permitted by law,ThaiTvHD disclaims any warranty, condition or representation in respect of any third-party services or content in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third-party rights and compliance of any applicable laws or regulations. The use of third-party services and contents may be governed by such third-party provider’s terms of use, license agreement, privacy policy, or other such agreement.

6. Collection and Use of Data
Samsung and/or parties that are entrusted byThaiTvHD may collect and use your personal information necessary to provide you the Service and Updates, or improve or enhance the Service. At all times your information will be treated in accordance with applicable law andThaiTvHD Privacy Policy which can be viewed at [https://www.thaitvhd.com/page/privacy-policy].

7. Data Access
Some features of the Service may require your mobile device to have access to the Internet and may be subject to restrictions imposed by your network or Internet provider. The Service may require access through your data network, which may result in additional data charges depending on your payment plan. In addition, your enjoyment of some features of the Service may be affected by the suitability and performance of your device hardware or data access. You expressly acknowledge and accept thatThaiTvHD is not responsible for availability and promptness of the data network and/or the data access.

8. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the Service including without limitation, all applicable export restriction laws and regulations.

9. Termination
These ThaiTvHD are effective until terminated. You can terminate these ThaiTvHD anytime by ceasing your use of the Service, and uninstalling, deleting and, if applicable, returning all related software, documentations and other materials provided byThaiTvHD, including backup copies thereof. In case you violate material terms of these ThaiTvHD,ThaiTvHD may terminate these ThaiTvHD for cause immediately with notice. Upon termination of these ThaiTvHD (or whereThaiTvHD has terminated the ThaiTvHD, immediately on becoming aware of such termination), you must immediately cease all use of the Service. For the purpose of clarity,ThaiTvHD may terminate these ThaiTvHD and the Service with thirty (30) days prior notice to you (e.g., service website, pop-up through application, or email).

10. Warranty
Samsung provides the SERVICE “as is” and on an “as available” basis. Even thoughThaiTvHD cannot guarantee its uninterrupted availability and permanently error-free performance,ThaiTvHD strives to ensure the permanent availability and error-free performance with best efforts.’

11. Limitation of Liability
11.1ThaiTvHD shall be liable pursuant to applicable statutory law in any cases of (i) willful misconduct or gross negligence on the part ofThaiTvHD, (ii) mandatory liability (e.g. under the Product Liability Act (Produkthaftungsgesetz)), (iii) the breach of essential contractual obligations and (iv) death or personal injury. In case of damages resulting from a breach of an essential contractual obligationThaiTvHD’s liability shall be limited to typical and foreseeable damages. Apart from that,ThaiTvHD’s liability is excluded.

11.2 IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICES TO AVOID LOSING ANY DATA. YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THATThaiTvHD IS NOT RESPONSIBLE FOR ANY LOSS OF DATA DERIVED FROM THE USE OF THE SERVICE.

12. Indemnification
The following text only applies if you use the Service as part of your business, trade or profession: You agree to indemnify, defend, and hold harmlessThaiTvHD, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your negligent or willful violation of the rights of any third party, or any negligent or willful breach of these ThaiTvHD.

13. Applicable Law
The formation, existence, construction, performance, validity and all aspects whatsoever of these ThaiTvHD will be governed by the laws of the jurisdiction where you are a resident, without regard to its conflict of law provisions. These ThaiTvHD shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

14. Dispute Resolution
If you are a consumer (and where this term is not otherwise defined in your local law, this means ‘not using the Service as part of a business, trade or profession’) then the courts of the territory in which you are resident have jurisdiction to hear and decide any dispute, controversy or difference arising from these ThaiTvHD. Alternatively, to the right to turn a court, you are entitled to turn to alternative dispute resolution entities, such as Online Dispute Resolution (ODR) Platform (available at https://www.ThaiTvHD.com) or to alternative dispute resolution entity established in your jurisdiction. If you are not a consumer, if a dispute, controversy or difference arising in any way from these ThaiTvHD is not amicably settled, it shall be subject to arbitration proceedings under the arbitration rules of the International Chamber of Commerce. Notwithstanding the foregoing,ThaiTvHD may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction. Arbitration hearings shall be conducted in English.

15. Entire Agreement
These ThaiTvHD are the entire agreement between you andThaiTvHD relating to the Service and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by these ThaiTvHD. If any provision of these ThaiTvHD is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

16. No Waiver
The failure ofThaiTvHD to enforce at any time any of the provisions of these ThaiTvHD, or the failure byThaiTvHD to require at any time performance by You of any of the provisions of these ThaiTvHD, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right ofThaiTvHD to enforce such provision thereafter. The express waiver byThaiTvHD of any provision, condition or requirement of these ThaiTvHD shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

17. Survival
Sections 2, 10, 11, 12 and 14 of these ThaiTvHD, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these ThaiTvHD, and shall remain valid and binding.

18. Headings
The headings contained in these ThaiTvHD are for reference purposes only and shall not affect the meaning or interpretation of these ThaiTvHD.