GRAPHY Terms and Conditions of Use

1. Scope of these Terms of Use and changes to the Terms of Use

These terms of use (the “Terms of Use”) govern your use of LG GRAPHY service ("GRAPHY") owned by LG Electronics Inc. ([LG Twin Towers 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, South Korea, 07336], defined in these Terms of Use as “we” or “LGE”) provided in your pc or mobile device and related internet-based services (together “Service”).


Please read these Terms of Use carefully. By accepting these Terms of Use, you enter into a contract with us governing your use of the Service in accordance with these Terms of Use. If you do not agree to enter into such contract according to these Terms of Use, you cannot use the Service.


We reserve the right to change or amend these Terms of Use for legal or regulatory reasons or to satisfy our reasonable commercial or operational requirements. We will give you at least one month notice of any changes or additions. If you do not accept these changes or amendments that we notify you of, you may end this contract immediately and you will no longer be entitled to use the Service.

2. Intellectual property

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 acknowledge that we are not responsible for any third party content posted or sent by third party users when using the functionality of the Service. We cannot influence the lawfulness, correctness and reliability of such third party content. At the time of the last update of these Terms of Use, we were not aware of any unlawful, incorrect or non-reliable third party content incorporated. Please notify us immediately if you determine that any such third party content may be unlawful, incorrect or non-reliable. You may find out our contact details below.

3. Use of the Service

During the term of your use of the pc or mobile device on which the Service is provided, you are only permitted to use the Content (as described above in Section 2) of the Service to the extent required for using the Service and their functions in accordance with these Terms of Use and with applicable laws and regulations.


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.

4. Violations of right of use

You agree that we may with immediate effect terminate the contract you enter into with us under these Terms of Use, and/or may terminate and block your access to, and use of, GRAPHY and LGE Service if you have materially violated these Terms of Use, in particular the rights of use granted to you in Section 3, and if you have not remedied the violation upon our prior notice. You acknowledge that in this case, we may further execute our rights under applicable laws and regulations, in particular our rights to claim damages, loss and expenses from you.

5. Updates and changes to GRAPHY and LGE Service

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.

6. Protecting your content and mobile device

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.

7. Age restrictions

You must be at least 14 years of age to use or access GRAPHY and LGE Service. If you are at least 14 but under the age of majority in your country/jurisdiction, you must have your parent’s or legal guardian’s permission to use GRAPHY and LGE Service and to accept these Terms of Use.

8. Warranty and liability

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).


Nothing in these Terms of Use will limit our liability for: (i) damages caused by our or our staff’s intent, willful misconduct or gross negligence (ii) under the relevant product liability act; and (iii) to health, body or life.


Subject to the paragraph above, in case of damages caused by slightly negligent violations of an essential contractual obligation in the proper fulfillment of which you could trust and which was essential for the conclusion of the Terms of Use, any claims for damages against us shall be restricted to the typically foreseeable damages.


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).


NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS:
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.

9. Term of these Terms of Use

Unless terminated according to the following paragraph, these Terms of Use remain in effect until you finish using GRAPHY and LGE Service. Your rights under this Terms of Use will terminate automatically without notice from us if you fail to comply with any of the terms and conditions of these Terms of Use. Upon termination of this Terms of Use, you will not be entitled to continue the use of GRAPHY and LGE Service.

10. Governing Law and Dispute Resolution. (NOT APPLICABLE TO U.S. RESIDENTS)

(a) Except to the extent prohibited by local law, any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be: (i) referred to and finally resolved by arbitration under the International Arbitration Rules of the Korean Commercial Arbitration Board (which rules are deemed to be incorporated by reference into this clause), (ii) where the number of arbitrators shall be one, (iii) the seat, or legal place, of arbitration shall be Seoul, South Korea, (iv) the language to be used in the arbitral proceedings shall be English and (v) the governing law of the contract shall be the substantive law of the Republic of Korea.


(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.

11. Governing Language

Any translation of these Terms of Use is done for local requirements and in the event of a discrepancy between the English and any non-English versions, the English version of this Terms of Use shall govern, to the extent not prohibited by local law in your jurisdiction.

12. Termination

This Terms of Use is effective until terminated by you or by LGE. Your rights under this Terms of Use will terminate automatically without notice from LGE if you fail to comply with any term(s) or conditions of this Terms of Use. Additionally, LGE, in its sole discretion may terminate any services related to GRAPHY and/or LGE Service, or suspend or terminate your access to GRAPHY or LGE Service at any time. Upon termination of this Terms of Use, you shall cease all use of GRAPHY and LGE Service. We also reserve the right to modify or discontinue GRAPHY and LGE Service at any time (including, without limitation, by limiting or discontinuing certain features of GRAPHY and LGE Service). We will have no liability whatsoever on account of any change to GRAPHY and/or LGE Service, or any suspension or termination of your access to or use of GRAPHY and/or LGE Service.


You may terminate your use of GRAPHY and LGE Service at any time by either deleting GRAPHY or not using LGE Service.

13. Miscellaneous

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.


Should a provision of these Terms of Use be or become ineffective or impracticable, the efficacy or practicability of the remaining provisions shall not be affected. Ineffective or impracticable provisions shall be replaced by effective or practicable provisions that most closely approximate the economic purpose of the ineffective or impracticable provisions.


We are not liable or responsible for delay in performance of, or any failure to perform any of our obligations under these Terms of Use that is caused by events outside our reasonable control (“Force Majeure”), in particular (but not limited to) (a) acts, decrees, legislation, regulations or restrictions of any government; (b) unavailability of public or private telecommunication networks; or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster. Our performance under these Terms of Use is deemed to be suspended for the period that Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure to an end or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure.


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 mc.privacy@lge.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.

14. DISPUTE RESOLUTION FOR UNITED STATES RESIDENTS

(a) Generally. In the interest of resolving disputes between you and LGE in the most expedient and cost effective manner, you and LGE agree that any and all disputes arising in connection with these Terms of Use shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND LGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


(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.


(c) Arbitrator. Any arbitration between you and LGE will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting LGE.


(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.


(e) Fees. In the event that you commence arbitration in accordance with these Terms of Use, LGE will reimburse you for your payment of the filing fee, unless your claim is for greater than $25,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse LGE for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.


(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 [optout@lge.com], 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.

Open-Source Licenses

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.

http://opensource.lge.com