LG Account Terms of Service
Article 1. Purpose
The purpose of these terms of service (the “TOS”) is to set out the rights and obligations of LG Electronics Inc. (the “Company”) and the LG Account Member in relation to the use of an “LG Account” provided by the Company, and other basic matters, including the terms and conditions of the use of the Services provided by the Company with one ID and one Password, and relevant procedures for the use.
(1) The TOS shall be binding upon any user who has subscribed to the LG Account and intends to use the Services provided by the Company.
(2) The Company may amend the TOS to the extent permitted by applicable laws and regulations. If the Company amends the TOS, it will provide notice of the amended TOS with the effective date and reason for amendment specified, together with the then effective TOS, on the initial webpage for Service or otherwise, at least seven (7) days prior to such amendment taking effect, until the date immediately preceding the effective date of the amended TOS; provided that if any amendments to the TOS are to have material effects on the rights or obligations of the LG Account Member, notice will be given at least thirty (30) days prior to their taking effect. Notice may be given by email directed to the LG Account Member’s primary email address or by such other method as the Company reasonably elects.
(3) The LG Account Member will be considered as having consented to the amendment, unless the LG Account Member terminates his/her LG Account pursuant to Article 6 below.
Article 3. Definition
The capitalized terms used in the TOS shall have the following meanings respectively ascribed thereto:
(1) “LG Account Member” means a person who has registered as a member of the LG Account. The LG Account Member can keep receiving information provided by the Company and using the Services provided by the Company.
(2) “Services” means any and all Internet-based services provided by the Company to the LG Account Member, including without limitation [LG Smart World Service, LG Apps TV Service, and LG Smart ThinQ Service]. Each of the foregoing Services is a “Service.”
(3) “ID" means a combination of letters and numbers selected by the LG Account Member and approved by the Company for the identification of the LG Account Member and for the use of the Services.
(4) “Password" means a combination of letters and numbers set up by the LG Account Member for the protection and verification of the information on the Member.
Article 4. Eligibility for Creation of an LG Account and Related Procedures
A person who has subscribed to one or more Services provided by the Company is eligible for registration as an LG Account Member, if all of the following conditions are met:
- such person agrees to this TOS;
- his/her identity is verified in such verification process as adopted by the Company;
- he/she applies for the creation of an LG Account pursuant to the procedures set by the Company; and
- his/her application is approved by the Company.
Article 5. Restriction on the Creation of an LG Account
In any of the following circumstances, the Company may refuse to approve an application or may postpone its approval until the applicable circumstance no longer subsists:
(1) if any details of application or registration include false or incorrect statements or omissions of essentially necessary information;
(2) if the applicant intends to use one or more of the Services for an undue purpose (e.g., for commercial purpose);
(3) if the application is made to violate applicable laws or regulations, or to impair social wellbeing or order or good public morals;
(5) if it is confirmed that the application breaches the TOS or any applicable agreement, law, regulation or court order; or
(6) if otherwise the application cannot be approved for a reason attributable to the applicant.
Article 6. Termination of Membership, Disqualification, etc.
(1) As a general rule, the membership of an LG Account Member shall be terminated upon termination/expiry of applicable Service use contract for each Service concerned, and upon termination/expiry of all service use contracts for all Services, the membership hereunder will be automatically terminated/expired. An LG Account Member my also voluntary terminate his/her LG Account and elect to have separate IDs and Passwords for each Service.
(2) The Company may disqualify the LG Account Member from the membership or restrict the eligibility of the LG Account Member, in any of the following circumstances:
- if it is found that there is such reason for (i) placing a restriction on approval of the Service use contract, or (ii) termination by the Company, as set by the TOS or any other terms and conditions for any Service (executed by the LG Account Member);
- if the LG Account Member refuses to perform his/her payment obligations owed to the Company or is in default in performing such obligations;
- if the LG Account Member refuses to perform his/her payment obligations owed to the Company or is in default in performing such obligations;
- if the LG Account Member interferes or tries to interfere with the smooth processing of the Services provided by the Company; or
- if the LG Account Member otherwise breaches the TOS or is engaged in an unlawful activity.
(3) The LG Account Member concerned shall be liable for any and all damages and losses arising in relation to the termination of membership and disqualification, and the Company shall have no liability whatsoever.
(4) The LG Account Member who has terminated his/her LG Account may re-apply with a new ID unless otherwise ineligible, but may not re-apply with the same ID that was used prior to the termination of the LG Account.
Article 7. Use of the LG Account
Article 8. LG Account Member’s Obligations for the ID and the Password
(1) The LG Account Member shall be liable for the management of his/her ID and Password and shall be solely liable for any and all results arising from a cause attributable to the LG Account Member (such as, negligent management of his/her ID or Password).
(2) The LG Account Member shall not allow a third party to use his/her ID or Password. Once the LG Account Member becomes aware of a third party’s use of his/her ID or Password, or theft of his/her ID or Password, the LG Account Member shall immediately notify the Company thereof and follow the guidance of the Company.
(3) The Company may request the LG Account Member to change his/her Password or otherwise take a necessary action, to protect such member’s personal data and to prevent any other illegitimate use of the Services. Immediately upon the request by the Company, the LG Account Member shall use his/her best efforts to comply with the request of the Company.
(4) The LG Account Member shall be solely liable for any disadvantages arising from his/her failure to perform his/her obligations pursuant to this Article.
Article 9. Collection and Management of Personal Data
(1) The Company will collect the following information from the LG Account Member:
- Required information: ID, Password, and email address
- Optional information: Name, gender, birth date/month/year, phone number, address, the code of the country from which the LG Account Member subscribes to the Services
Article 10. Relationship between the TOS of the LG Account and the Terms and Conditions for Each Service
(2) This TOS and the terms and conditions of each Service agreed by the LG Account Member shall constitute an integral part of one contract as a whole. However, if there is any conflict between this TOS and such terms and conditions of any Service, the latter shall prevail, and the TOS will have effects complementary to the latter.
1. This TOS shall become effective as of March 31, 2012.
LG SmartWorld End-User Terms and Conditions
LG Electronics, Inc. (“LGE” or “we”) welcomes you to the LG SmartWorld (the “STORE”), which it provides to you, the end-user (either “you” or “end-user”), to access, browse, download, use and/or pay for Applications to enhance your experience with any internet enabled mobile device product which is manufactured by LGE and/or its Affiliates (“LGE Mobile Device”).
Please read these LG SmartWorld End-User Terms and Conditions (the “Agreement”). TO AGREE TO THE TERMS OF THE AGREEMENT, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE OR ACCESS THE STORE
LGE may, in its sole discretion, change the terms of the Agreement from time to time. By continuing to access, browse, download, use and/or pay for Applications in the STORE after we post any such changes, you accept the Agreement, as modified. We may change, restrict access to, suspend or discontinue the STORE, or any of the Applications, at any time.
YOU MUST BE AT LEAST 14 (FOURTEEN) YEARS OF AGE TO USE OR ACCESS THE STORE. IF YOU ARE AT LEAST 14 BUT UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE OR ACCESS THE STORE. NOTWITHSTANDING THE FOREGOING, CERTAIN SERVICES ARE SUBJECT TO FURTHER AGE LIMITATIONS. THEREFORE, YOUR ACCESS TO CETRAIN SERVICES MAY BE LIMITED IF YOU ARE UNDER THE AGE OF 18.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF THE STORE, YOUR DOWNLOADING OF APPLICATION(S) THROUGH THE STORE, AND YOUR USE OF SUCH APPLICATIONS. BEFORE USING, DOWNLOADING FROM OR OTHERWISE ACCESSING THE STORE OR ANY APPLICATION THROUGH YOUR LGE MOBILE DEVICE OR PC, CAREFULLY READ THIS AGREEMENT. THE APPLICATIONS PROVIDED THROUGH THE STORE ARE LICENSED BY THE PROVIDER OF THE APPLICATION (“APPLICATION PROVIDER”) TO YOU, THE ORIGINAL END-USER, SOLELY FOR YOUR PERSONAL USE AS SET FORTH BELOW AND SUBJECT TO ANY APPLICABLE END-USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE, DOWNLOAD APPLICATION(S), OR OTHERWISE ACCESS THE STORE.
1. Your STORE Account Membership
You shall create a user ID and a password to enjoy certain services LGE may provide through the STORE (the “Account”). The holders of an Account may:
- download free Applications;
- purchase paid Applications for download and use on any LGE Mobile Device, including the LGE Phone, Tablet PC, etc;
- make changes to Account information; and
- cancel an Account
To create an Account, you may be required to provide information about yourself (such as identification or contact details) and credit card/payment information as part of the registration process. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. You agree that you are solely responsible for (and LGE has no responsibility to you or any third party for) any breach of your Account.
You further agree:
- to provide accurate and complete information when you create an Account;
- to keep the information you provide accurate and complete; and
- notify LGE immediately of any breach of your Account.
2. Fees and Payment; Refunds; Coupons
a. Fees and Payment, Generally: Applications are available for download either at no charge or, where available, require you to pay a specific amount (“Paid Applications”). For Paid Applications, the STORE accepts payment mechanisms as listed on the payment page of the STORE (“Payment Mechanisms”). Only Account holders may purchase and download Paid Applications. You agree to pay for all Paid Applications you purchase. LGE DOES NOT CHARGE OR COLLECT SALES TAXES FOR PAID APPLICATIONS YOU DOWNLOAD. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND ANY APPLICABLE TAXES AND FOR PROVIDING LGE WITH A VALID PAYMENT MECHANISM FOR PAYMENT OF ALL FEES AND ANY APPLICABLE TAXES THAT LGE MAY CHARGE.
b. Payment by Credit Card: To use a credit for the Paid Applications, you will be required to provide accurate, current and complete Card information before you will be permitted to download Paid Applications. You authorize LGE or its agents to charge your Card the specified amount plus any applicable sales tax, and any other applicable tax, for each Paid Application you download. Once you enter a Card, such Card will be used for future transactions unless you designate a different Card. If the transaction is not accepted online, you will be unable to use that Card for your transaction and you should use another Card.
c. Refunds: Application prices and availability are subject to change at any time, and LGE will not provide price protection or refunds in the event of price reductions or promotional offerings. All sales of successfully downloaded Applications are final and non-refundable. In the event that a Paid Application is not available after the payment is confirmed by LGE but before the download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Paid Application, your exclusive and sole remedy is either a replacement of the Paid Application or a refund of the price you paid for the Paid Application, by means of payment method you used or Coupon in LGE’s sole discretion.
d. Coupons: From time to time, LGE or another third party may offer promotions that enable payment on the STORE through other payment mechanisms, e.g. Coupons. The terms of such offer will be given at the time the offer is made.
3. Your Use of STORE and Applications; Access
You agree to use the STORE and the Applications only for personal, noncommercial use. You agree not to access or attempt to access the STORE by means other than through the interface or software that is provided by LGE, unless LGE specifically authorizes you do to so by written agreement. You agree not to modify the interface or software in any manner, or use modified versions of the software, for any purposes including obtaining unauthorized access to the STORE. You may not reverse engineer, decompile, or disassemble the STORE or any Applications downloaded from the STORE, except and only to the extent that such activity is expressly permitted by applicable law.
Except as otherwise provided below, you may not modify or alter the Application in any way, and may use the Application only as expressly set forth above and as set forth in the applicable EULA for the Application, if any. You agree that you will not engage in activities that interfere with or disrupt the STORE, any services offered through an Application, or any other server, network, service or website associated with any LGE Mobile Device or the STORE. Further you may not remove or cause to be removed any method to protect Application or its contents (the “Copy Protection Solution”) without authorization.
Access to and downloading from the STORE requires at least an LGE Mobile Device and an Internet connection. You will not be able to access and download Paid Applications from the STORE unless you hold a valid Account, as defined in this Agreement. In addition, your use of certain Applications may require an Internet connection.
4. LGE’s Rights
LGE reserves the right, in its sole discretion, to add Applications to, remove Applications from, disable access to, block, or modify the STORE. LGE reserves the right to remove, disable access to, block, or modify remotely any Applications previously downloaded from the STORE to your LGE Mobile Device, if LGE considers such actions necessary or appropriate in its sole discretion as a result of any contract obligations, changes in law, a court order, or for any other reason. LGE may limit the use of or access to certain features or portions of the STORE or Applications downloaded from the STORE, in its sole discretion and without notice or liability. If LGE removes, disables access to, or otherwise blocks you from accessing an Application, you will need to contact the Application Provider.
LGE has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the STORE or in the Applications, to investigate any reported or apparent violation of this Agreement, and to take action that LGE in its sole discretion deems appropriate, including, without limitation, suspension or termination of Accounts. If your Account is suspended, you may not cancel your Account until such time as your Account is eligible for reinstatement, in LGE’s sole discretion.
5. Intellectual Property Rights
You agree that the STORE and the Applications available through the STORE, including but not limited to the graphics, editorial content, audio clips, video clips, and software, contain proprietary information and material that is owned by LGE, Application Providers, or other third parties. Neither you nor anyone acting on your behalf, acquire any intellectual property rights or other proprietary rights, including patents, designs, trademarks, copyrights or trade secrets relating to the contents in the STORE or in the Applications, except as expressly specified in an appropriate license or mutually agreed upon in writing.
6. Third Party Materials and Objectionable Content
You understand, acknowledge and agree that LG does not monitor or approve the content, quality, or originality of Applications offered through the STORE. You understand, acknowledge and agree that LG does not license the Applications offered through the STORE, and that Applications are licensed by the Application Providers. 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 using the STORE and Applications that you may encounter material that you may deem explicit, offensive, indecent, objectionable, 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.
You understand, acknowledge and agree that different Applications and services provided to you through Applications or the STORE may vary depending on Mobile Devices’ date of manufacture, release date, operating system (including various version of such operating system), country, or carrier, (the “Device Information”) which may be furnished by you. You agree that LGE shall have no liability to you for any non-interoperability between Application you download and your Mobile Device and any damages caused by your erroneous input of the Device Information.
LGE may permit users to post reviews of Applications on the STORE. These reviews express opinions of the reviewer only and do not reflect the opinions of LGE. LGE makes no representations or warranties as to the accuracy or completeness of the reviews. You agree that LGE shall have no liability to you if you rely on the reviews to download or use an Application. LGE reserves the right to, but has no obligation to remove reviews that LGE deems irrelevant or otherwise inappropriate for any reason.
If you post a review, you hereby grant LGE a perpetual, worldwide, fully transferable and sub-licensable, irrevocable, royalty-free license to make, use, sell, market, reproduce, create derivative works of, distribute, perform, and display the review in any manner and for any purpose. You acknowledge that your personally identifiable information may be associated with your review unless you post the review anonymously. If you post a review, you agree not to post, publish or transmit any material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes on another’s rights, including but not limited to any intellectual property rights; or (vii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability.
To the maximum extent permitted by law, you agree to defend, indemnify and hold LGE, its directors, officers, employees, affiliates, and agents harmless from and against any and all claims arising out of your breach of this Agreement, your use of the STORE, or your use of any Applications downloaded from the STORE.
9. Warranty and Disclaimers
EXCEPT AS MAY BE PROVIDED UNDER A WARRANTY FOR NEWLY PURCHASED DEVICES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE STORE OR ANY APPLICATION SOLD OR DISTRIBUTED IN THE STORE IS AT YOUR SOLE RISK AND THAT ACCESS TO THE STORE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. LGE DOES NOT WARRANT THAT USE OF THE STORE WILL BE CONTINOUSLY AVAILABLE OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING THOSE AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT. LGE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE. ALL THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE IS PROVIDED "AS-IS," WITHOUT WARRANTIES OF ANY KIND BY LGE.
10. Limitation of Liability
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 LICENSE OR USE OF THE STORE OR APPLICATIONS DOWNLOADED FROM THE STORE, 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. LGE’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID FOR THE APPLICABLE APPLICATION, AT LGE’S OPTION. 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.
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.
11. Term and Termination
This Agreement is effective until terminated. LGE may terminate this Agreement in whole or as it applies to your use of any Application or the STORE if you breach any of the terms of this Agreement. You may terminate it at any time by cancelling your Account, provided that your Account is not in suspension and provided that any terms relating to your use of each Application will survive unless and until you destroy all copies of such Application and related documentation. In addition, LGE reserves the right to modify, suspend, or discontinue the STORE (or any part or content thereof) at any time with or without notice to you, for any reason whatsoever, and LGE will not be liable to you or to any third party should it exercise such rights.
12. Miscellaneous Provisions
a. Governing law: This Agreement shall be governed by the laws of United Kingdom, excluding their conflicts of laws provisions.
b. Export Restrictions: You agree that you will not export or re-export any Application or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations of United Kingdom. You agree to comply with all applicable United Kingdom 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 Kingdom or other applicable export laws.
c. Severability: In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
d. Enforcement of Agreement: LGE reserves the right to takes any steps it believes to be reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that LGE has the right, without liability to you, to disclose any information relating to your use of the STORE to law enforcement authorities, government officials, and/or a third party, as LGE believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
e. Dispute Resolution:Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in United Kingdom. The arbitration shall be administered by ICC pursuant to its Commercial Rules. The parties agree the resolution is final and binding, and enforceable through the applicable court.
f. Entire Agreement:This Agreement (including all incorporated or referenced documents) sets forth the entire agreement between you and LGE, and supersedes all prior agreements, whether written or oral, with respect to the STORE and all Applications, notwithstanding the terms or conditions of any such prior agreements. If LGE fails to enforce any right or provision in this Agreement, such failure will not constitute a waiver of such right or provision.
Should you have any issues or questions regarding the STORE or an Application, please visit Contact Us or Report a Problem in the STORE. Please note that LGE may not provide support for the Applications.
Last Updated On: 28. Jul. 2011
APPLICATION LICENSE AGREEMENT
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF EACH APPLICATION YOU DOWNLOAD FROM THE STORE (EACH, AN “APPLICATION”) AND SUPPLEMENT THE STORE END-USER TERMS AND CONDITIONS. BEFORE USING ANY APPLICATION, CAREFULLY READ THIS 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.
1. Grant of License : Application Provider hereby grants you a limited, non-transferable license to use the Application on any LGE Mobile Device and in the manner set forth in the LGE STORE End-User Terms and Conditions. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by applicable law. Any attempt to do so is a violation of the rights of the Application Provider. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. The Application Provider reserves all rights in and to the Application not expressly granted to you under this Application License Agreement.
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.
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 STORE 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, 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 Kingdom, 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.
Last Updated On: 28. Jul. 2011