You acknowledge that all information, data, text, images, logos, layout, design compilation and presentation of information, user interfaces, graphics, source or object codes of software and other materials which are contained, posted or otherwise incorporated by us in the Service and in any updates of the Service (collectively, the “Content”) may contain intellectual property such as trademarks, utility models and patents, or copyrights, which are protected by law. You further acknowledge that we (or our affiliates or third-party suppliers) are the sole owner and controller of such Content and that the intellectual property of such Content will not be transferred to you when using the Service. Without prejudice to the provisions set out above, we grant you the right to use the Content as described in Section 3 below.
You may not change, copy, reproduce, decompile, upload, sub-license, forward, distribute, make available, disturb the proper functioning, introduce malware or viruses or reverse engineer the Content without our prior written approval. Further, you may not attempt to gain unauthorized access to any portion or feature of the Service, in particular, by probing, scanning, testing the vulnerability of the Service, hacking or other illegitimate means. Insofar as any third party content posted or sent by third party users of the Service has not been created by us, the intellectual property rights or copyrights of other third parties must complied with.
From time to time, we may deliver and provide you with updates to GRAPHY and LGE Service which will be used to improve the services and/or functionalities of GRAPHY and LGE Service. We will inform you when such updates are available and you may oppose the installation of such updates. You acknowledge that we have no obligation, neither by contract nor by law, to deliver and provide such updates.
You have to maintain the confidentiality of any postings, data, information and other materials you create, use and transfer in connection with GRAPHY and LGE Service. Furthermore, you have to protect your pc, mobile device on which GRAPHY is installed. In particular, where third persons have access to your pc or mobile device, you have to secure access, e.g. by maintaining personalized password protection. You agree to notify us immediately of any non-authorized access to, and use of, GRAPHY and LGE Service, or any other breach of security. You may be liable for losses incurred by us or any other user of the GRAPHY due to someone else using your pc mobile device, GRAPHY and/or LGE Service.
To the fullest extent permitted by applicable law, we cannot guarantee that GRAPHY, LGE Service or any of their Content, features or functions will always be error-free and uninterrupted. In particular, we are not responsible for the transmission of content and signals through third-party telecommunications and internet networks. The availability of the services related to GRAPHY and LGE Service may depend on the performance of your third-party telecommunications provider which we cannot influence. However, should there be a defect in GRAPHY and LGE Service themselves, we will remedy such defect within a reasonable time period (e.g. by providing a software update).
FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH GRAPHY, LGE SERVICE OR ANY OF THEIR CONTENT, FEATURES OR FUNCTIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY OF LGE AND OUR SUBSIDIARIES, WHICH REFERS TO COMPANIES AFFILIATED WITH LGE BY COMMON OWNERSHIP OR CONTROL, TO YOU IS LIMITED TO ONE HUNDRED US DOLLARS (USD 100).
YOUR LEGAL RIGHTS AS A CONSUMER; OR
OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
(b) To the extent required by local law in order for arbitration to be valid and legally effective as a means of dispute resolution, including as against a consumer, (i) shall be deemed to refer to the rules of the most prominent arbitration body (the “Local Arbitration Rules”) in your country and (iii) shall be deemed to refer to the capital city of your country.
(c) You may only resolve disputes with us on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.
You may terminate your use of GRAPHY and LGE Service at any time by either deleting GRAPHY or not using LGE Service.
It is possible that LGE may have to interrupt or discontinue the services available through GRAPHY and/or LGE Service or suspend or restrict your use of all or any part of GRAPHY or LGE Service where we consider it reasonably necessary for technical, operational, security, legal or regulatory reasons. The downloading of updates, access to and usage of GRAPHY and LGE Service relies upon the data connection of your mobile device. You are responsible for the payment of any costs or expenses resulting from the use of your device’s data connection, including but not limited to data usage and transmission costs invoiced by your third party service provider and roaming charges incurred when using your mobile device abroad. Please contact your service provider for details.
GRAPHY and LGE Service are offered by LGE, located at LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, 07336, South Korea. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com. If you provide feedback to LGE regarding GRAPHY and LGE Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize LGE to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to LGE a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sub-licensable right to use the Feedback in any manner and for any purpose.
(b) Exceptions. Notwithstanding Section 14(a), we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
(d) Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). LGE's address for Notice is: LG Electronics, USA, Inc. Attn: Legal Department-Arbitration, 1000 Sylvan Avenue Englewood Cliffs, NJ 07632. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or LGE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or LGE shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
(f) No Class Actions. YOU AND LGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LGE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) Opt-Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor LG can require the other to participate in an arbitration proceeding. To opt out, you must send notice to LG no later than 30 calendar days from the date of first consumer purchaser’s purchase of the product by either: (i) sending an e-mail to [firstname.lastname@example.org], with the subject line: “Arbitration Opt Out” or (ii) calling [1-800-980-2973]. You must include in the opt-out e-mail or by telephone: (a) your name and address; (b) the dates on which GRAPHY and LGE Service was activated; and (c) the dates on which GRAPHY and LGE Service were terminated; (d) the product model name or model number; and (e) the IMEI or MEID or Serial Number, as applicable (the IMEI or MEID or Serial Number can be found by removing the battery from your device as explained in the User Guide). Email and telephone are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. If you do not opt out, then you accept all terms and conditions of the Limited Warranty, including the binding arbitration provision described above.
(h) Modifications. In the event that LGE makes any future change to this arbitration provision (other than a change to LGE's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to LGE's address for Notice, in which case your account with LGE shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
Some components of GRAPHY and LGE Service are provided under Open-Source License terms. Please refer to the below link to view the detailed information. Please note the below link may not be accessible without the internet connection.