317IndemnificationYou agree to defend, indemnify and hold harmless Samsungfrom and against any and all third party claims and allliabilities, assessments, losses, costs or damages resultingfrom or arising out of i) your breach of the Terms, ii) yourinfringement or violation of any intellectual property, otherrights or privacy of a third party, iii) misuse of the Service bya third party where such misuse was made possible due toyour failure to take reasonable measures to protect yourusername and password against misuse.Choice of LawExcept where prohibited by applicable law or providedotherwise herein, the Terms shall be governed by the laws ofthe State of New York without regard to its conflict of lawprovisions.You and Samsung agree to submit to the non-exclusivejurisdiction of the competent courts in the State of New Yorkto resolve any legal matters arising from the Terms.Notwithstanding this, you agree that Samsung shall still beallowed to apply for injunctive remedies (or equivalent typeof urgent legal relief) in any jurisdiction.MiscellaneousThe Terms (including all documents comprising the Terms)constitute the entire agreement between you and Samsung,and supersedes any prior agreement between you andSamsung, with respect to your use of the Service. Your use ofany third-party content or service accessed via the Servicewill be governed by the terms and conditions furnished with,and applicable to that content or service. If any provision ofthe Terms is held invalid, illegal or unenforceable, thatportion of the Terms shall be construed in a mannerconsistent with applicable law to reflect, as nearly aspossible, the original intentions of the parties, and theremaining portion of the Terms shall remain in full force andeffect. Samsung's failure to enforce any right or provision ofthe Terms will not constitute a waiver of such provision, orany other provision of the Terms.Samsung will not be liable or responsible for any failure tofulfill any of its obligations under the Terms which failure isdue to any cause or condition beyond the reasonable controlof Samsung. If there is any conflict between these Social HubTerms and Conditions and the Social Hub Privacy Policy, theprovisions of these Social Hub Terms and Conditions shall
