Terms & Conditions
IMPORTANT LEGALLY BINDING AGREEMENT
Please read these terms and conditions carefully before using the (the "Website"). These terms and conditions shall govern the User's (as defined below) use of the Website, currently located at [https://forum.lgmusicflow.com/], and the Services (as defined below) and shall constitute a legally binding agreement (the "Agreement") between the User and LG Electronics, Inc. ("LGE").
Each User is expected to follow all posted guidelines, policies and rules. LGE may update this Agreement from time to time without notice. Any changes in terms of usage will be incorporated into a revised Agreement that LGE will post on the Website. All Users have the obligation to check this web page from time to time to review any changes to this Agreement. Unless otherwise specified, such changes shall be effective when they are posted.
Access or use of the Website and/or any of the Services indicates that the User accepts the terms and conditions of this Agreement and agrees to be legally bound by this Agreement, including, without limitation, any changes that exist when the User re-accesses the Website or any of the Services. The User may not use the Website or any of the Services if prohibited by applicable laws, including, but not limited to, the laws of the country in which the User resides. IF YOU, AS THE USER, DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT OR ANY POSTED GUIDELINES, POLICIES OR RULES, OR ARE NOT PERMITTED TO USE THE WEBSITE OR THE SERVICES, DO NOT USE THE WEBSITE OR THE SERVICES.
1. Your Account, Operator and Definitions
1.2 This Website is operated by LG Electronics, Inc. LGE has the right to access your account information and delete or modify your posts which breach the law or the rule of this Website or the Services.
1.3 'Services' means any functions, facilities, information, promotions or other services available through this Website relating to sharing the information among LG Music Flow product users.
'User' means, in general, any person who accesses or uses the Website and/or the Services, whether registered or unregistered and, when used in the context of "the User", shall be deemed to mean you individually, if you are acting individually, or, if you are acting on behalf of your company, organization or employer, such entity for whose benefit you are acting.
'Website' means the LG Music Flow Forum Website.
2. Use of Website and Services
2.2 The Website may contain interactive activities and features such as discussion boards. Interactive Communication Features shall be used by the User in a noncommercial manner only. The User shall not use interactive communication features to upload, e-mail, post, publish, distribute or otherwise transmit any content containing advertisings, promotions or solicitations for goods and services or other commercial matter. When the User uploads or submits any kind of post, information, ideas, concepts, content or materials to the Website ("User Content"), the User Content may not be reviewed by LGE prior to being displayed on the Website. LGE requires the User to use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the Website. Please note that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for User submissions of photos or videos to the Website. In cases where, any posts, including messages, articles or images, are considered to be inappropriate, such posts may be removed from the Website by LGE at any time and without prior notice. The views or comments made in discussion boards or using other Interactive Communication Features do not reflect the views of LGE.
2.3 For the avoidance of doubt, the User is expressly prohibited from using the Website or Services in any way that exploits or profits from the Services, including without limitation selling the Services on to third parties for any profit or commercial gain. The User's use of and/or participation in the Website and/or the Services may be canceled without notice if, at any time, LGE discovers that the User violated any of the Terms.
2.4 LGE may make improvements or changes to the Website or Services and/or any other Website content at any time without notice. Users who access the Website after these changes have been made are bound by such changes. LGE may cease the existence of this Website at any time with or without notice to Users.
2.5 The Website may contain links, pointers or references to other sites and resources on the Internet controlled by third parties, as well to third party products. All such links, pointers and references, whether appearing in advertising or promotional materials or coupons provided to Users are provided solely as a convenience and for informational purposes only and do not constitute an endorsement or a recommendation by LGE of such third parties or third party products. Links do not imply that LGE sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party link or site. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and LGE shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the respective vendors or suppliers and the prospective users. LGE reserves the right, in its sole discretion, to terminate links with any third parties or other websites that it deems inappropriate or inconsistent with the Website.
2.6 Material on the Website and/or included with the Services may include inaccuracies or typographical errors. LGE reserves the right to correct any errors, inaccuracies or omissions without prior notice, although, LGE will not have an obligation to make any such corrections, and LGE reserves the right to change or update information contained on the Website and/or included with the Services at any time without prior notice to Users. Without limitation of any other provisions of this Agreement, LGE shall not be liable to the User for any inaccuracies or errors contained on the Website or in materials included with the Services.
3. Duties of the User
3.1 Use of the Services by using user ID and/or password is assumed by LGE to be made by the User and thus the User is personally responsible for such use. If the information provided by the user is changed, the user shall renew and update the information.
3.2 Access to certain of the Services is available only to registered and authorized Users. Without limitation of any other provision contained herein, all registered Users using this Website and/or the Service must comply with these terms and conditions and all applicable laws.
3.3 The User agrees to not reproduce, duplicate, copy, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt, trade, exploit, transmit, modify, decrypt, disassemble, decompile, reverse engineer, create a derivative work of or republish, in any manner, any information, material, content or design elements obtained from the Website, including, without limitation, code and software (collectively, "Material"). Notwithstanding the foregoing, the User may download or print one copy of any and all of the Material for personal, non-commercial and lawful use, provided that the User does not republish the Material and keeps intact all copyright, trademarks, service marks, patent and other proprietary notices and does not modify or alter the Material in any way, nor delete or change any of the Material or the intellectual property rights subsisting in them. The User agrees that the Website and benefits that might be included in the Services are available for the User's personal use only, and the User is not allowed to sell or in any other way transfer these benefits to any third parties.
3.4 All User Content shall be considered non-confidential and non-proprietary. The User hereby grants to LGE and its affiliates, subsidiaries and sub licensees, a nonexclusive, royalty-free, fully paid up, perpetual, worldwide, irrevocable, transferable and fully sub licensable right and license to use, reproduce, modify, adapt, communicate to the public, make available, print, display, publish, translate, transmit, edit and copy in any manner any and all User Content and to create derivative works thereof and incorporate User Content into other works anywhere in the world, including, without limitation, into any of LGE's products or services (collectively, "Derivative Works"), in any form, medium, product, service or technology now known or later developed, for any purpose whatsoever, without attribution or compensation to the User, without restriction on use, without acknowledgment of source, accountability, or liability, and with waiver of all moral rights and rights of attribution, integrity, and identity. The User further agrees that any document to which the User may have contributed, may be locked at any time by LGE at its sole discretion after which the User can not make any modifications or alterations thereto. When other Users of the Website access or download User Content, the User also hereby grants to such other Users a perpetual, worldwide, royalty-free, fully paid-up and non-exclusive license to use such User Content for their personal and non-commercial use. LGE assumes no liability for User Content. The User is solely responsible for any liability arising from or related to any User Content. The User also agrees to indemnify and hold LGE and its affiliates, subsidiaries and sub licensees harmless from any claim or demand, including reasonable attorneys' fees, made by any party that arises out of or relates to any of the User Content.
3.5 With respect to the User Content uploaded or submitted by the User to the Website, the User agrees, represents and warrants to LGE and its affiliates, subsidiaries and sub licensees:
A. That the User shall be solely responsible for all of the User Content that is uploaded or submitted by the User to the Website;
B. That the User Content is not defamatory, illegal, offensive, abusive, obscene, hateful, false or misleading, libelous, threatening, pornographic, harassing, tortuous, invasive of another's privacy, racially or ethnically offensive or encouraging of illegal activity, criminal offense or civil liability and is not otherwise objectionable or unfit for publication or conflicting with applicable laws. In such an event, LGE retains the discretion to prohibit the uploading of any such information or materials (including choice of user ID) that it considers as being inappropriate as aforesaid and LGE further retains the right to delete such material and to terminate the User's access to relevant Website content without notice or reason;
C. That the User owns the User Content and all intellectual property rights therein, free and clear of any liens or encumbrances, and has acquired the necessary consents, permissions and licenses required by applicable law to exploit the User Content in any manner or media whatsoever, and has the right to grant the same to LGE in accordance with section 3. supra;
E. The User Content submitted does not contain a virus, Trojan horse, sniffer, routines, backdoors, robots, spiders, worms, time bombs, bots, or any other harmful software code, file, program or programming routine or other contaminating or destructive features;
F. That the User shall not submit any advertisements or solicitations of business;
G. That the User Content does not infringe upon, violate or misappropriate any rights of any third party, including, without limitation, patent, copyright, trademark, trade secret or any other proprietary intellectual property rights;
H. That the User shall not submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, junk mail, spam, pyramid schemes or any other solicitations or communications, including, without limitation, spamming LGE or other Users of the Website, or use or collect other Users' e-mail addresses or phone numbers, or other Users' information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to LGE's or any Website visitor's computer system;
I. That the User shall not send any messages through the Website to any other User, or to LGE, that contain vulgar, abusive, or otherwise inappropriate language.
J. That the User shall not take action against LGE in relation to User Content uploaded or submitted and the User Content submitted shall not cause injury or harm to any persons or entities.
3.6 Without limiting any of the other representations and warranties made by the User in this Agreement, the User represents and warrants that the User: (a) has the right, power and authority to enter into this Agreement; (b) will comply with all laws, rules and other regulations applicable in connection with the Website and the Services; (c) will not interfere or disrupt networks connected to the Website; (d) will not use the Website or the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (e) will not interfere with another User's use and enjoyment of the Website or the Services.
3.7 Without limitation of any other provision contained in this Agreement, the User irrevocably agrees, at the User's sole cost and expense, to indemnify, defend and hold LGE and its affiliates and subsidiaries and each of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, licensors and licensees harmless from and against any and all liability, losses, costs, damages and/or expenses (including legal fees) arising out of or related to (a) any third party claims, actions or allegations arising from (i) the User's use of the Website and/or the Services; (ii) any breach by the User of the Terms; (iii) the User's infringement or violation of any intellectual property rights or right of privacy of a third party; (iv) User Content uploaded or submitted by the User; (v) activity that occurs under the User's account; and/or (vi) the injury or death of any person or persons and/or damage to or loss of property, arising out of or attributable, whether directly or indirectly, to the conduct, operations or performance of the User in respect of the Website and/or the Services; (b) any fraud or manipulation, or other breach of this Agreement by the User; and/or (c) the User's infringement or violation of any laws, regulations, restrictions or rules applicable to the Website and/or the Services.
3.8 Without limitation of any of the other restrictions contained in this Agreement, the User may not access, download, use, export or re-export the Website or any of the Services or Content (as defined below) in violation of export laws, regulations or restrictions, or in violation of any other applicable laws, regulations or restrictions. The User agrees to comply with all export and import laws, regulations and restrictions of all applicable agencies and authorities, and not to directly or indirectly provide or otherwise make available the Website or any of the Services or Content, or any part thereof, in violation of any such laws, regulations or restrictions, or without all necessary approvals. The User also agrees that the User shall not use the Website, the Services or the Content for any purposes prohibited by law, regulations or restrictions of any government.
4. Intellectual Property Rights
All material, including, without limitation, text, graphics, design, domain names, images, photographs, logos, icons, look, appearance, sound recordings, videos, Derivative Works and software contained in the Website and/or as part of any of the Services ("Content"), and all intellectual property rights therein and thereto, including, without limitation, all trademarks, trade dress, patents, copyright, design rights, know-how and processes (whether registered or not) (collectively, "Intellectual Property") are owned by or licensed to LGE or its affiliated or subsidiary entities. Any such Content and Intellectual Property may be used by the User only with LGE's prior written consent. All rights not expressly granted herein to the User in respect of the Content or the Intellectual Property are expressly reserved.
The User shall not interfere with the Content or functioning of the Website or "mirror" or frame the Website or any Content contained on the Website by any means. The User's access to the Website shall not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, service marks, logos or other marks appearing on the Website without the prior written consent of LGE or the third party owner thereof. The User agrees not to circumvent or disable any security or other technical features that prevents or restricts the use or copying of the Content.
5. Data Protection
5.2 LGE may use techniques to identify fraudulent activities. The User agrees to cooperate with such efforts as LGE may, in its sole discretion, deem necessary to identity attempted fraud. The User further agrees that if, for any reason, the User is suspected of fraud or other breach of this Agreement, LGE may, in its sole discretion, declare the User to be in breach of this Agreement, suspend the User's use of the Website and the Services, terminate the User's use of the Website and the Services and/or seek prosecution against the User to the fullest extent of the law.
6.1 LGE does not guarantee the truth, accuracy, validity, timeliness or completeness of any information, data or materials made available to Users on the Website or through the Services or its or their suitability for any particular purpose. To the maximum extent permitted by law LGE expressly disclaims any and all liability and responsibility to the User. In no event and under no circumstance, including negligence, shall LGE, its affiliates or subsidiaries or any of their respective officers, directors, employees, agents, information providers, representatives, attorneys, partners, licensors and licensees (collectively, "LGE Parties") be liable or responsible to the User for any injury (whether a commercial injury or otherwise) or for any direct, indirect, incidental, special, punitive, exemplary, consequential or other damages including, but not limited to, damages for loss of profits, revenue, goodwill, business, anticipated savings, loss of or damage to data or files, use, or other intangible losses for any inaccuracies or typographical errors that may occur because of the use of or inability to use the Website, even if LGE has been advised of the possibility of such loss, injury or damages, including, without limitation, loss, injury or damages caused by a loss of data or files, by a computer virus, any failure or interruption of the Website, any act or omission of any third party involved in making the Website or the data contained therein available to Users, by a malfunction or defect in any software or as a result of the User's use of, or access to, or the downloading of any material from the Website. LGE cannot guarantee and does not warrant that the Website shall run uninterrupted or error free. Please be advised that once the User leaves the Website, the User's use of the Internet will be governed by the terms of usage agreements and privacy policies, if any, of the particular site(s) that the User is accessing. None of the LGE Parties shall be responsible or liable for the content, activities or privacy practices of the other sites, or any loss or damage that could result from leaving the Website.
6.2 The User's use and browsing of, and any reliance by the User upon, the Website or the Services is at the User's own risk. If the User is dissatisfied with the Website or the Services, or with any of the terms and conditions of this Agreement, the User's sole and exclusive remedy is to discontinue accessing and using the Website and the Services. To the maximum extent permitted by law, the Website and the information, Content and Materials on the Website, as well as the Services and the software made available on the Website, are provided "As Is"without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of title, merchantability, non-infringement, non-interference, availability, accuracy, reliability of the contents of the pages of the Website, fitness for a particular purpose (even if LGE has been made aware of such purpose) and freedom from computer virus. No oral or written information or advice given by LGE or an authorized representative of LGE shall create a warranty. No news items, press releases, case studies or testimonials published on or accessible through the Website shall create a warranty.
6.3 Some jurisdictions do not allow exclusion of certain warranties or limitations of liability. Accordingly, the above limitations and/or exclusions in Clauses 6.1 and 6.2 may not apply to the User, and LGE's liability in such case shall be limited to the maximum extent permitted by law. The Website is hosted by LG Electronics Inc. in the Republic of South Korea and is accessible from all over the world. In the event the User accesses the Website from other jurisdictions, the User shall solely be responsible for complying with all applicable local laws.
6.4 The Website may contain facts, views, opinions and statements of third parties, visitors and other organizations. LGE does not represent or endorse the accuracy or reliability of any advice, facts, views, opinions, statements or other information displayed or distributed through the Website. The User acknowledges that any reliance upon any such advice, facts, views, opinions, statements or other information shall be at the User's sole risk and the User agrees that LGE shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, facts, views, opinions, statements or other information displayed or distributed through the Website.
The Website may contain links to third party service providers and certain features and functionalities of the Website may be hosted, managed, maintained and/or processed by or through third party service providers. When the User uses certain features or functions of the Website, the User's Internet browser may automatically be directed and opened to a third party web site and/or the User's information may be furnished to a third party service provider for processing (including, without limitation, the processing of your credit card information) and storage. Please be aware that unless explicitly stated on the Website, LGE is not responsible for the privacy or other practices of third party service providers. LGE shall not be responsible or liable for the practices, acts or omissions of any third party service provider. LGE makes no representations about the content, functionality or practices of third party sites and resources or third party service providers, and disclaims any and all warranties, express or implied, with respect thereto.
8. LGE Goods and Services
LGE may upload the information of LGE goods and services on the Website. Some of these goods and services may only be available in certain jurisdictions and, therefore, LGE reserves the right to choose which goods and services, if any, are supplied. By advertising the availability of goods and services, LGE does not warrant that such goods or services will be available. If LGE supplies goods or services through the Website or through other means, additional terms and conditions may apply in addition to any applicable terms and conditions within this Agreement.
The User shall not have the right to assign this Agreement or any of its rights hereunder, or to delegate any of its obligations hereunder, whether in whole or in part; any assignment or delegation to the contrary shall be deemed void from inception. LGE shall have the right to assign this Agreement and any and all of its rights hereunder, and to delegate any and all of its obligations hereunder, to any third party.
10. Governing Law and Dispute Resolution
(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.
The use of the Website and the Services is free of charge. LGE reserves the right to charge for use of the Website and/or the Services and to change its fees from time to time, at its sole discretion. LGE may from time to time launch other services which may be subject to a separate charge and terms.
Last Updated on: May 20, 2015