1. Operator and Definitions

This Website is operated by LG Electronics.

'Services' means any functions, facilities, information, promotions or other services available through this Website relating to LG mobile phones including downloading of SDK, tools, and documentations for developing mobile application.

'Terms' means these terms and conditions, LG’s privacy policy and any other rules which may be posted on the Website. 'User' means any person who accesses or uses the Website with LG’s authorization after registering on the LG Mobile Developer Network Website.

'Website' means the LG Mobile Developer Network Website.

2. Use of Website

2.1 Authorized access to the Services requires registration on the Website subject to acknowledgement and acceptance of these Terms. Some Services may be subject to additional conditions which the User will be directed to on the Website. Once LG accepts a registration, the User may log into the Services of the Website using the registered user ID and password.

2.2 This Service is optimized for LG mobile phones released from 2007 onwards and may not function correctly for other mobile phone brands. LG makes no representations that the Services are compatible with other mobile telephone brands, or LG mobile phones manufactured prior to 2007 and shall not be liable for any losses or claims arising as a result of such occurrences.

2.3 The Website may contain discussion board(s) or other forms of communication broadcasting. When the User uploads any kind of post, information, material, etc (“User Content”), it can be displayed on the website without confirmation of LG. LG further 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 LG at any time and without prior notice. LG reserves the right to delete or remove any messages or articles posted by the User at any time without prior notice. The views or comments made in discussion boards do not reflect the views of LG.

2.4 LG reserves the right to terminate a User account at any time without prior notice should a User misuse the Website or Services, or use the Website or Services in an unlawful, abusive manner or any other manner that LG deems to be inappropriate or offensive. For the avoidance of doubt, Users are 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.

2.5 LG 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. LG may cease the existence of this Website at any time on notice to Users.

2.6 References of third parties and third party products in any materials, advertising, promotions, or coupons provided to Users are for informational purposes only and constitute neither an endorsement nor a recommendation on such parties or products by LG. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and LG 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 vendors and the prospective users.

2.7 By downloading and/or using any software or tool available through Services, the User agrees to enter into and also be bound by the terms and conditions set forth in a standalone separate LG End User Software Agreement. However, certain software provided by LG to a User through the Services may be accompanied by its own licensing terms, in which case such licensing terms will govern User’s use of the particular software and in such case the term and conditions of LG End User Software Agreement shall not apply.

3. Duties of the User

3.1 The User undertakes to submit true, correct, current and complete information required for registration. Any false identification or e-mail address or otherwise misleading information about User identity is strictly forbidden. Use of the Services by using User name and/or password is assumed by LG to be made by User and thus User is personally responsible for such use. If changes to the information provided by User occur, the User will inform the webmaster immediately at the email address provided on the Website. If LG believes that the information provided by the User is not correct, it retains the discretion to refuse the User access to the Website.

3.2 The User is responsible for all results from any negligence or unrighteous use of its user ID and password. LG will only be responsible where an issue arises out of a malfunction by LG’s system.

3.3 The User agrees to take reasonable measures and all due care to protect its password and username against misuse by third parties and should keep his/her own user ID and password confidential and should not disclose them to any third person. Where a User recognizes or suspects that his/her user ID or password is stolen and that a third person is using the User’s user ID or password, the User should inform LG as soon as possible and follow the LG procedures provided to the User at the time.

3.4 A User’s user ID cannot be changed without LG’s prior consent.

3.5 Access to some Services is available only to authorized Users. Access to the Website is not limited to registered Users, however any unregistered users using this Website must comply with these Terms and any applicable laws regulated by this Website.

3.6 By using this Website through downloading, uploading or browsing, the User agrees to not reproduce, duplicate, copy, sell, trade, exploit, transmit, modify, decrypt, disassemble, decompile, reverse engineer or republish any information for commercial use. Users may download or print one copy of any and all of the materials for personal, non-commercial and lawful use, provided they do not modify or alter the materials in any way, nor delete or change any of the materials or the intellectual property rights subsisting in them. User agrees that the Website and benefits that might be included in the Services are available for User’s personal use only, and Users are not allowed to sell or in any other way transfer these benefits to any third parties.

3.7 Upon such submission of any User Content to the Website, User shall grant to LG and its affiliates and sub licensors, a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, transferable and fully sub licensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, create modifications of, enhancements to, derived from or based upon the User Content (“Derivative Works”), distribute, and display such content or any concept described in any media, product and/or service, without compensation unless agreed otherwise by separate agreement between LG and the User, restrictions on use, acknowledgment of source, accountability, or liability, and with waiver of all moral rights and rights of attribution, integrity, and identity. LG may, at its sole discretion, incorporate such User Content into any LG’s products or services. User further agrees that any document, to which User may have contributed, may be locked at any time by LG 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 grants to such other users a perpetual, worldwide, royalty-free and non-exclusive license to use such User Content for their personal and non-commercial use.

3.8 By submitting User Content to the Website and using the Site, a User agrees, represents and warrants:

A. To be solely responsible for all the User Content that is uploaded onto the Website including but not limited to certifying that they own all intellectual property rights therein;

B. That the User Content is not defamatory, illegal, offensive, abusive, libellous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages illegal activity, criminal offence or civil liability or any material that may conflict with applicable laws. In such an event, LG retains the discretion to prohibit the uploading of any such information (including choice of user ID) that it considers as being inappropriate as aforesaid and LG further retains the right to delete such material and to terminate a User’s access to relevant Website content without notice or reason;

C. That the User owns the User Content and has acquired the necessary consents, permissions or licenses needed as required by the Terms and has the right to grant the same in accordance with section 3.7 supra;

D. That if User Content contains link to content of a third party, the User shall be responsible for acquiring consent for creating such link prior to making the User Content available if, the consent is required by applicable legislation or terms of use of the linked sites;

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 submitted does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others;

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 LG 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 LG’s or any Website visitor's computer system;

I. That the User shall not send any such messages through the Website to any other user, or to LG that contain vulgar, abusive, or otherwise inappropriate language. J. That the User shall not take action against LG in relation to User Content submitted and the User Content submitted shall not cause injury or harm to any persons or entities.

3.9 Written notifications of any suspected intellectual property infringement should be sent at devnet@lge.com

3.10 A User agrees to irrevocably indemnify LG and its related bodies corporate and all of its officers, directors, employees, agents, information providers, affiliates, partners and licensors from and against any and all liability, losses, costs and expenses (including legal fees) incurred by LG in connection with any claim by a third party arising from the a) User’s use of the Website and any breach of the Terms; b) User’s infringement or violation of any intellectual property, other rights or privacy of a third party; c) and in particular any and all claims and damages of whatsoever nature arising from 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.

4. Intellectual Property Rights

All material including without limitation, text, graphics, images, photographs, logos, icons, sound recordings, videos, Derivative Works and software (“Content”) and all intellectual property on this Website including, without limitation, trademarks, patents, copyright, design rights, know-how and processes, whether registered or not) are owned by or licensed to LG or its related bodies corporate and are subject to copyright. LG retains full ownership of and any and all intellectual property rights in products in the Services and Website Content. Any such intellectual property may be used only with LG’s prior written consent. Any rights not expressly granted herein are reserved.

A User must not interfere with the Content or functioning or this Website or “mirror” or frame any Content contained on this Website by any means. User’s access to the Website shall not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of LG or the third party owner thereof. User agrees not to remove any copyright or other proprietary notices if the User downloads or prints any Content and not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content.

5. Data Protection

5.1 The personal data provided by a User will be processed by LG to be able to carry out the Services offered on the Website and to keep the User informed about other similar products and Services of LG. If the User no longer wishes to be kept up to date about the Services and products of LG, the User can indicate this by modifying their details on the Website after logging on as a User.

5.2 LG does not transfer personal data for marketing purposes. Personal data shall solely be transferred in the interest of carrying out the Services provided by LG as well as the technical maintenance of the Website. For these purposes, personal data may be transferred to other LG group companies and third parties, but shall at all times remain under strict control of LG. In this context, personal data may be accessed in other EU countries and in the Republic of South Korea. By accepting the present Terms and Conditions, the User shall acknowledge and consent to the transfer of personal data for the said purposes.

5.3 LG shall adopt all security measures that may be reasonably required in accordance with the state of technology and the conditions of the market in order to protect the information provided against any infectious code or virus and unauthorized access. Although LG will take reasonable steps to preserve the security of information that it receives on the Website, no data transmission over the Internet can, however, be guaranteed as totally secure. While LG strives to protect information, LG does not warrant and cannot ensure the security of any information transmitted by a User. Accordingly, all information transmitted by a User is transmitted at the User’s own risk.

5.4 Cookies may be sent to the computer to help recognize the User’s country of residence supported by the Website. Cookies shall not be used to process personal data other than for this purpose of convenience. It is possible for the User to set the web browser to notify the User when receiving a cookie.

6. Disclaimer

6.1 LG does not accept responsibility for any information present on the Website that may not be complete, true and/or accurate. LG expressly disclaims any and all liability or responsibility arising out of or relating to any User Content or information provided by other users of the Website. LG, its affiliates, officers, employees, directors and agents do not accept any direct, indirect, incidental, special, punitive, exemplary or consequential liability including, but not limited to, damages for loss of profits, revenue, goodwill, business, anticipated savings, loss of or damage to data, 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 LG has been advised of the possibility of such damages. Any reliance on any such information shall be at the User’s own risk. LG will not be liable for any damages to, or viruses, including without limitation any system damage and/or loss of data, that may affect a User’s computer or any other equipment as a result of the User’s use of, or access to, or the downloading of any material from the Website. LG can not guarantee and does not warrant that the Website shall run uninterrupted, error free.

6.2 The Website, the information, Content and materials on the Website, 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, availability, accuracy, reliability of the contents of these pages or fitness for any particular purpose.

6.3 Some jurisdictions do not allow exclusion of certain warranties or limitations of liability. Accordingly, the above limitations or exclusions may not apply to the User and LG’s liability is in such case shall be limited to the greatest extent permitted by law. The Website hosted by LG Electronics that is based in the Republic of South Korea and made available 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 the local laws.

7. Confidentiality

7.1 The User agrees and acknowledges that all information disclosed by LG to the User, including, without limitation, any information, technical data or know-how relating to discoveries, ideas, inventions, concepts, software, equipment, designs, drawings, specifications, technique processes, systems, models, data, source code, object code, documentation, diagrams, flow charts, research, development, business plans or opportunities, products, projects or products under consideration, procedures, third party confidential information and information related to finances, costs, prices, suppliers, vendors, customers and employees will be considered and referred to collectively as “Confidential Information”. Confidential Information, however, does not include: (a) information that is or becomes part of the public domain without violation of this Agreement by the User; (b) information that was known to or in the possession of the User on a non-confidential basis prior to the disclosure thereof to the User by LG, as evidenced by written records; (c) information that was developed independently by the User, without use of or reference to the Confidential Information, as established by written evidence; or (d) information that is disclosed to the User by a third party under no obligation of confidentiality to LG and without violation of this Agreement by the User. The burden of proving that information may be disclosed because it does not fall within the definition of Confidential Information shall be on the User. User agrees that it shall not print, copy, adopt, modify, store, decompile, disassemble or reverse engineer/translate any items or discover the source code or trade secrets thereof that constitute Confidential Information other than as provided expressly under this Agreement. User agrees not to disclose, publish, or disseminate Confidential Information to anyone other than those individuals who have an existing Website membership. User further agrees to prevent any unauthorized use, disclosure, publication or dissemination of Confidential Information. User agree not to use Confidential Information otherwise for its own or any third party’s benefit without the prior written approval of an authorized representative of LG in each instance.

7.2 User further agrees that despite any other confidentiality agreements that the User may have between User and LG, LG will not be responsible for keeping confidential any information that User provides to LG through the use of Services. Neither LG nor any of its employees accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. If despite the aforesaid request LG receives any such unsolicited information, the same shall not be treated by LG as Confidential Information.

8. Links

LG may include links to sites on internet that are owned or operated by third parties. If a User chooses to visit such sites, the User agrees to review and accept such sites’ rules of use prior to such visit. The User acknowledges and agrees that its access to third party sites shall be at its own risk. LG does not assume any responsibility of whatsoever nature for material created or published by such third party sites. By providing a link to third party sites LG does not imply that LG endorses the site or the products or services referenced in such third party sites.

9. Assignment

User shall not assign any of its rights under this Agreement. LG shall have the right to assign the Terms or its rights and obligations hereunder to a third party without User’s prior written consent.

10. Governing Law

This Website shall be governed by the laws of Republic of Korea without regard to conflict of law provisions. All disputes, controversies or disagreements which may arise between the parties, in relation to or in connection with the Terms, or for the breach hereof shall be finally settled by arbitration. The arbitration shall be conducted by three (3) arbitrators in Seoul, the Republic of Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The award rendered by the arbitrators shall be final and binding upon both parties.

11. Fees

The use of the Website Services is free of charge. LG reserves the right to charge for the Website Services and to change its fees from time to time, at its sole discretion. LG may from time to time launch other services which may be subject to a separate charge and terms.

12. General

LG has the right to change the Terms and Privacy Policy from time to time in its sole discretion. Such changes shall become effective upon posting a notification on this site and the User agrees to be bound to any and all of the changes when the User uses the Website Services. LG reserves the right, in its sole discretion and with immediate effects, and without any liability, to terminate the User’s membership and access to all or any part of the Website Services without prior notice; without limitation, LG may do so if the User submits User Content that is infringing or otherwise in violation of the Terms. In the event of termination, the provisions of the Terms and Privacy Policy that are intended to survive such termination shall remain unaffected including, without limitation, Clause 3 (Duties of User), Clause 4 (Intellectual property Rights), Clause 6 (disclaimer), Clause 7 (Confidentiality), Clause 10 (Governing Law) and Clause 12 (General). These terms and conditions together with the Privacy Policy and other legal notices submitted by LG on the Website constitute the entire agreement between User and LG regarding the use of the Website. The failure of LG to exercise any rights of this Agreement shall not be considered as waiver of such rights. If any provision of this Agreement is considered unlawful or void, it does not affect the validity and enforceability of other provisions of this Agreement. A failure of LG to insist upon the performance of one or more of the terms of these terms and conditions and Privacy Policy shall not be deemed to be a waiver of its rights to enforce such terms, or of any rights or remedies LG may have in subsequent similar situations. It is User’s responsibility to review the terms and conditions and Privacy Policy regularly to ensure that User is up to date as to any changes in the terms and conditions and Privacy Policy.

These terms and the contents of this Website are subject to copyright.
ⓒ LG Electronics 2008
All rights reserved

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