LG Electronics, Inc. (“LGE”) together with its subsidiaries and affiliates (the “LG Group”, “we”, “our” or “us”) welcomes you, the end-user (“User(s)” or “you”), to our service.
• how you may use the LGE Service and how we provide the LGE Service to you;
• rights, responsibilities, and rules applicable to you and LGE in connection with your use of the LGE Service;
• intellectual property rights concerning the contents and software available on the LGE Service; and
• other rights you enjoy in connection with the use of the LGE Service.
1. The Provider of the LGE Service
2. Use of and Subscription to the LGE Service
Subscription Standard and Procedure
Minors under the age of 14 may be restricted from subscribing to the LGE Service.
When Subscribing as a Member and Using the Account
• You must provide accurate and complete information upon sign-up
• You must update any changes to such information without delay
• You must ensure your password is not leaked or shared with others in your use of the Account
• You must notify LGE immediately if you suspect that your Account has been accessed without authorization
You are responsible for the use of your Account, including taking reasonably necessary measures to protect your Account. You will be held liable for any consequence arising out of acts attributable to you, including negligence in managing your Account password, and LGE shall not be held liable for such consequences.
We may reject your application to create an Account in any of the following events:
• if you provide incorrect and incomplete information at sign-up;
• if you sign up to use the LGE Service for commercial or unlawful purposes; or
Further, Users may download certain free contents available on the LGE Service without creating an Account, if the User agrees to LGE’s authentication of his/her device for LGE to determine whether such User may be permitted to download the relevant content.
We may at any time and for any business reason suspend or delete one of your accounts in the event you have multiple accounts for our Service under a single email address. If we suspend or delete one of your accounts, we will try to notify you at least 30 days before suspension or deletion at the email address registered on your account. In the above mentioned event, we may terminate our Service with the suspended or deleted account.
3. Rights and Obligations of the Users
Your Legal Rights
You must comply with the following when using the LGE Service:
• respect others’ rights, including rights to personal data, privacy and intellectual property;
• refrain from conduct that infringe upon others’ rights, are defamatory, or otherwise damage the interests of any other person, including LGE; and
• refrain from acts that may result in the abuse of, interfere with, suspend or damage the LGE Service.
LGE does its best to maintain the security and safety of all Users and to allow Users to freely access the LGE Service. To this end, please do not use the LGE Service, or the contents provided through the LGE Service (“LGE Content”), in any of the following manner:
• attempt to figure out the source code or algorithm of the LGE Service or the LGE Content by engaging in, for example, reverse engineering of the software;
• attempt to arbitrarily modify or inactivate certain functions of the LGE Service or the LGE Content;
• create derivative works based on the LGE Service or the LGE Content;
• engage in services such as leasing, sub-licensing or hosting, using the LGE Service or the LGE Content;
• infringe intellectual property rights, including copyright of others including LGE, in connection with the use of the LGE Service or the LGE Content;
• use the LGE Service or the LGE Content in a malicious or harmful manner (e.g., hacking or distributing malicious codes including viruses and any harmful data);
• use the LGE Service or the LGE Content in a way that hinders other Users, damages, overloads, or deteriorates the LGE Service or increases LGE Service’s vulnerability to security risks; or
• attempt to decode signals transmitted between the LGE Service and its servers, or collect data or information from the LGE Service or its system.
Upon your failure to comply with the above obligations, we may suspend your access to the LGE Service for a certain period. In such event, we will be responsible for proving your non-compliance; however, we will lift any such suspension if you prove your lack of intent or negligence in connection with such non-compliance. We may cancel your Account if such non-compliance that caused the suspension is not resolved within a certain reasonable period.
To the maximum extent permitted by law, you agree to defend, indemnify and hold us, our directors, officers, employees, affiliates, and agents harmless from and against any and all claims arising out of your breach of these Terms and Conditions, your violation of applicable laws and regulations, your use of the LGE Service, or your use of the Third Party Services (as defined below).
LGE Service License
License to User Created Contents
You may, on certain LGE Services, upload, submit, store, transmit, receive or share your reviews, posts, photos, messages, documents and other contents (“User Created Contents”), to which you hold the copyright. You hold the copyright to User Created Contents, and you are not required to provide such contents to LGE Service. We make no representations or warranties as to the accuracy or completeness of the User Created Contents.
By uploading or sharing User Created Contents on the LGE Service, you will grant LGE a global, non-exclusive, free of charge, revocable, transferable and sub-licensable license to copy, edit, distribute, translate, digitalize, publish, implement, indicate, modify and create derivative works of, the User Created Contents to the extent necessary for the operation, promotion and improvement of the LGE Service.
Further, LGE may sublicense the foregoing license to the following parties:
- other Users to ensure the LGE Service functions as originally designed (e.g., sharing posts with selected persons); or
Notwithstanding the foregoing, LGE holds the license to the User Created Contents only to the extent permitted by applicable laws and regulations, and is not granted any right in excess of such limit.
5. Restriction of Use of LGE Service and Deletion of User Created Contents
Possible Measures in Case of Problems
In any of the following events, we reserve the right to suspend or terminate your use of the LGE Service or delete your Account or User Created Contents:
• if it is necessary to comply with legal obligations or court orders;
• if your behavior or your User Created Contents are reasonably deemed to cause damage to or create liability on the part of others, including other Users and LGE (e.g., hacking, phishing, harassment, transmission of spam, misleading conduct, false information, invasion of others’ privacy, defamation, or unauthorized display of contents that do not belong to the User); or
• if you are in breach of LGE’s detailed guidelines on posting contents.
If deemed reasonably possible, prior to taking the foregoing measures, we will notify you of our rationale for taking such measures to give you a chance to rectify the identified problem. However, we may decide to not notify you if the notification may:
• cause damage to or create liability on the part of other Users, third parties, or LGE;
• violate applicable laws and regulations or orders of a regulatory authority;
• interfere with the investigation of regulatory authorities; or
• undermine the operation, integrity, or security of the LGE Service.
Users’ Responsibility Relating to Measures such as the Restriction of Use
6. Change, Suspension and Termination of the LGE Service
Change of the LGE Service
We may from time to time change the LGE Service as follows:
• change, add, or delete elements or functions of the LGE Service, for example, for enhanced functions, performance security, bug fixes, and service improvement;
• suspend or limit the use of or access to the LGE Service, including access to Accounts;
• examine, flag, modify, decline to post, block access to or delete any LGE Content without notice or liability; or
• disable access to, block or modify remotely any LGE Content previously downloaded from the LGE Service to your device, if LGE considers such actions necessary or appropriate in its sole discretion as a result of contractual obligations, changes in law, a court order, or for other reasons.
If LGE removes, disables access to, or otherwise blocks you from accessing any LGE Content, you will need to contact the provider of the relevant LGE Content.
Suspension and Termination of the LGE Service
LGE may suspend or terminate all or part of the LGE Service in any of the following events at any time:
• to operate or improve the LGE Service or to comply with obligations under applicable laws;
• if LGE’s business partners that provide LGE with elements of the LGE Service decide to terminate the provision of all or part of such elements of the LGE Service; or
• in the event of maintenance, inspection or replacement or failure of the information and communication facilities (such as, computers, servers and telecommunication networks), surge in traffic, interruption of communication, and other reasonable ground making it difficult to continue the operation of the LGE Service.
LGE may suspend or terminate all or part of the LGE Service at any time and for any business reason by providing you a prior written notification at least 30 days before such suspension or termination.
Notification, Compensation and Liability in the Event of Change, Suspension or Termination
Material change, suspension and termination adversely affecting the use of the LGE Service will be notified to Users in advance via the email registered on the Account or other reasonable ways, including posting on the LGE Service. However, changes may take effect immediately without prior notification if advance notification is reasonably deemed unpractical, or upon implementation of functions that are either beneficial to Users or legally required.
Unless otherwise required under applicable laws and regulations, Users will not be entitled to any compensation in connection with the change, suspension or termination of all or part of the LGE Service.
7. LGE’s Liability and Warranties
To the maximum extent permitted by applicable law, Under no circumstances shall LGE, its directors, officers, employees, affiliates, agents contractors, principals, or licensors be liable for incidental, consequential, indirect, special, or punitive damages of any kind or for loss of information or data, loss of revenue, loss of business or other financial loss arising out of or in connection with the use of the LGE Service or the LGE Content, whether based in contract, tort (including negligence), strict product liability or any other theory, even if LGE has been advised of the possibility of such damages and even if any limited remedy is deemed to have failed of its essential purpose. To the maximum extent permitted by applicable law, in no event will LGE be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages arising out of any application or open source software, even if LGE has been advised of the possibility of such damages or losses.
Use of the LGE Service and the LGE Content may require access to the Internet. Please note that depending on your telecom service plan, additional mobile charges may apply to your Internet access. We are not liable for the connection or speed of your Internet service.
To the maximum extent permitted by applicable laws, the LGE Service and the LGE Content are provided ‘as is’ or ‘as available’ and is without any warranty of any kind, express or implied, including but not limited to, merchantability, maintenance of good quality, skilled manipulation of devices, fitness for a particular purpose, integrity, adequacy, no virus, calm environment and non-infringement with respect to the LGE Service and the LGE Content.
Please note that some jurisdictions do not allow the exclusion or limitation of implied warranties, terms or conditions or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. For further information about your statutory rights, please contact your local authority, trading standards department, citizens’ advice bureau or equivalent.
8. Third Party Service
We collaborate with global business partners to provide useful contents via the LGE Service. The LGE Service may include contents (e.g., information, links, and advertisements), products, services, apps, and other materials provided by a third party (“Third Party Service”). You may enjoy various benefits through the Third Party Service. However, we do not control the Third Party Service, and accordingly we are not liable for any damage or loss arising out of your use of the Third Party Service. We do not make any representations or warranties regarding, and accepts no liability in respect of, the Third Party Service. You agree that your use of the Third Party Service will be at your sole risk, and we will have no liability to you as a result of your exposure to the Third Party Service.
We provide various LGE Services free of charge, and to this end some LGE Services may include (customized) advertisements, which may be provided based on certain Users’ preferences. The LGE Service may include advertisements and marketing information provided by us or a third party, and for those advertisements and marketing information provided by third party advertisers, we are unable to control the usefulness, accuracy, or completeness of such information. Accordingly, unless we are attributable, we will not be responsible for any liability arising out of such advertisements and communication or transaction between you and such advertiser, including any damage that may arise out of any reliance by you on such advertisements.
10. Procedure for Resolving Disputes
To the extent required by local law in order for the arbitration to be valid and legally effective as a means of dispute resolution, including as against a consumer, reference to the Rules of the Korean Commercial Arbitration Board in (i) above shall be deemed to refer to the rules of the most prominent arbitration body (the “Local Arbitration Rules”) in your country, and reference to Seoul, Republic of Korea in (iii) above shall be deemed to refer to the capital city of your country.
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 proceedings.
12. General Matters
• In the course of providing the LGE Service to you, we may provide you with various information via notification within the LGE Service or via mail, email, SMS, or MMS, etc. However, if you explicitly indicate that you do not wish to receive such information, you will no longer receive such information, and LGE will not be held liable for any disadvantage that you may experience due to such exclusion.
• Export Restrictions: You agree that you will not export or re-export any LGE Service or accompanying documentation (or any copies thereof) in violation of any applicable laws and regulations of the United States (to the maximum extent applicable). You agree to comply with all applicable United States and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You represent and warrant that you are not prohibited from receiving exports or services under United States or other applicable export laws.
Appendix: Additional Terms to the LGE Service
A. APPLICATION LICENSE AGREEMENT
You acknowledge that the license granted hereunder is granted to you by the provider of the Application (“Application Provider”) and not by LG Electronics, Inc. (“LGE”). If the Application Provider provides an End User License Agreement (“EULA”) with the Application, those terms shall supplement this Application License Agreement. As between you and the Application Provider, any additional or different terms in such EULA shall take precedence over the terms in this Application License Agreement.
You acknowledge and agree that LGE is a third party beneficiary of this Application License Agreement and any EULA, if so provided. You acknowledge and agree that LGE will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary of those agreements.
2. Consent to Use of Data: You agree that the Application Provider may collect and use technical and related information, gathered in any manner, as part of product support services related to the Application. The Application Provider may use this information solely to improve its products or to provide customized services or technologies to you. The Application Provider may disclose this information to others, but not in a form that personally identifies you. The Application Provider’s personal data processing activities are not within the scope of this Appendix and LGE does not undertake any liability regarding the Application Provider’s compliance with applicable personal data protection laws.
3. Termination: The license is effective until terminated by you or by the Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application, including any accompanying documentation.
4. Third Party Material; Objectionable Content: You understand, acknowledge and agree that certain Applications may provide access to products, services, web content or other third-party materials and that LGE is not responsible for such third party content. You agree that LGE is not responsible for examining or evaluating the third party content or the accuracy of such content. LGE does not make any representations or warranties regarding, and accepts no liability in respect of, such third party content.
You understand, acknowledge, and agree that by accessing and downloading Applications from the LGE Service that you may encounter material that you may deem explicit or is offensive, indecent or objectionable to you, and that you may not be warned about such material in advance. You agree that your downloading and use of all Applications will be at your sole risk, and LGE shall have no liability to you as a result of any exposure through such Applications.
5. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT ACCESS TO THE APPLICATION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. THE APPLICATION PROVIDER DOES NOT WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT. THE APPLICATION PROVIDER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE.
6. LIMITATION OF LIABILITY : TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FORLOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE LICENSE OR USE OF THE APPLICATION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID FOR THE APPLICATION (IF ANY), AT THE APPLICATION PROVIDER’S OPTION. IN NO EVENT WILL THE APPLICATION PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you.
7. You agree that you will not export or re-export the Application or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations. You agree to comply with all applicable and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You represent and warrant that you are not prohibited from receiving exports or services under applicable export laws.
8. This Application License Agreement shall be governed by the laws of the State of New Jersey in the United States of America and by the federal laws of the United States of America, excluding their conflicts of laws provisions.
9. By accepting this Application License Agreement, you agree that such agreement (including all incorporated or referenced documents) sets forth the entire agreement between you and the Application Provider, and supersedes all prior agreements, whether written or oral, with respect to the Application, notwithstanding the terms or conditions of any such prior agreements. If the Application Provider fails to enforce any right or provision in this Application License Agreement, such failure will not constitute a waiver of such right or provision.
B. Proactive Customer Care (“PCC”) Service
Through the PCC Service, we provide Users, who have registered certain home appliances on one of our apps, information relating to free and paid maintenance and repair services through in-app push messages or by phone, by regularly checking the status of the device and expendables used on the device to detect any malfunction, anomalies, and necessary replacement of expendables. Prior to providing the PCC Service, we notify Users of relevant details or obtain consent therefrom.
LG Electronics Inc.
LG Twin tower, 128 Yeoui—daero, Yeongdeungpo-gu, Seoul, Republic of Korea
(+82) 02-3777-1114 (Korea)
110111-2487050, registered in Korea
LG Electronics Canada, Inc.
LG Electronics Canada, Inc.
LG Electronics Inc.
LG Twin tower, 128 Yeoui—daero, Yeongdeungpo-gu, Seoul, Republic of Korea
LG Electronics Canada, Inc.
LG Electronics Canada, Inc.
1. When Subscribing as a Member and Using the Account and LGE Service License
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS IN SECTIONS 2 AND 4 MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
2. Your Obligations
In addition to the restrictions set out in Section 3 above, please do not use the LGE Service, or the contents provided through the LGE Service (“LGE Content”), in the following manner:
• harvest or otherwise collect or store any information (including personal information) about other Users, including email addresses, without the express consent of such Users;
3. Application Updates and Upgrades
4. Liability and Warranties, Dispute Resolution and Governing Law