IMPORTANT LEGALLY BINDING AGREEMENT
Please read these terms and conditions carefully before using the AIX Exchange Website (the “Website”). These terms and conditions shall govern the User’s (as defined below) use of the Website, currently located at [http://aixexchange.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. Operator and Definitions
This Website is operated by LG Electronics, Inc.
‘Services’ means any functions, facilities, information, promotions or other services available through this Website relating to LGE or AIX Exchange.
‘User’ means, in general, any person who accesses or uses the Website and/or the Services, 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 AIX Exchange Website.
2. Use of Website and Services
2.1 The Website contains information on the Levels of AIX framework and AIX report, news articles and other related content. The Website also contains information about AIX Exchange and an application system which Users may use to propose ideas for collaboration. 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.
2.2 The Website may contain links, pointers or references to other sites and resources on the Internet controlled by third parties. 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. Links do not imply that LGE sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party link or site. 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.
2.3 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 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.
3.2 If the User 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. 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.
3.3 With respect to the User Content 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 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 3.7 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 submitted and the User Content submitted shall not cause injury or harm to any persons or entities.
3.4 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.
3.5 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 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.
3.6 Individual Users must be at least fourteen (14) years of age to use or access the Website and the Services. Certain Services and certain functions or benefits of the Website may require that the User is the age of legal majority in the User’s state or country, or that the User meets other age requirements, to use or access those Services or those functions or benefits of the Website. By using or accessing the applicable functions of the Website and/or the applicable Services, the User represents and warrant to LGE that the User is of the required age. LGE will not knowingly collect personal information from visitors under fourteen (14) years of age for activities on the Website. Upon discovery of the participation of a person under fourteen (14) years of age in such activities, his/her registration or participation will be canceled immediately and all personal information will be deleted from LGE’s files.
3.7 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, 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. Content is available for use under an Attribution-Non Commercial-ShareAlike 4.0 International Creative Commons License (CC BY-NC-SA 4.0). Under this license, you are free to:
Share (copy and redistribute the material in any medium or format) or adapt (remix, transform, and build upon the material) under the following terms:
• Attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
• NonCommercial – You may not use the material for commercial purposes.
• ShareAlike – If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
For more details and specific guidelines regarding Creative Commons and how you can use and share content from this website, visit https://creativecommons.org/licenses/by-nc-sa/4.0/
Nevertheless, the User may not use any of Intellectual Property without LGE’s prior written consent. 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
5.1 The personal data provided by the User may be processed by LGE 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 LGE. If the User no longer wishes to be kept up to date about the Services and products of LGE, the User can indicate this by sending an email to email@example.com.
5.3 LGE shall exercise commercially reasonable effort to adopt 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 LGE 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 LGE strives to protect information, LGE does not warrant and cannot ensure the security of any information transmitted by the User. Accordingly, all information transmitted by the User is transmitted at the User’s own risk.
5.5 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.
7.1 The User agrees and acknowledges that all information disclosed by LGE 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 LGE, which has not been obtained by the User from a third party with an obligation of confidentiality to LGE, 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 LGE 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. Without limitation of any other provision contained in this Agreement, the 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 may be expressly provided for under this Agreement. The User agrees to prevent any unauthorized use, disclosure, publication or dissemination of Confidential Information. The User agrees not to use Confidential Information for its own or any third party’s benefit without the prior written approval of an authorized representative of LGE in each instance.
7.2 The User further agrees that despite any other confidentiality agreements that the User may have between the User and LGE, LGE will not be responsible for keeping confidential any information that the User provides to LGE through the use of Services. Neither LGE 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 LGE receives any such unsolicited information, the same shall not be treated by LGE as Confidential Information.
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.
9. LGE Goods and Services
LGE may display the availability 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.
11. Governing Law
This Agreement shall be governed by the laws of Republic of Korea without regard to conflict of law principles. All disputes, controversies and disagreements between the parties arising out of, or related to, this Agreement and/or the Terms, or for the breach hereof shall be exclusively submitted for, and finally settled by, arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Seoul, the Republic of Korea, in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board. The parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum. The award rendered by the arbitrators shall be final and binding upon both parties. Notwithstanding the foregoing provisions of this Clause 12, in the event the User infringes upon or violates the intellectual property rights of LGE or breaches any of the User’s confidentiality obligations hereunder, LGE shall have the right to seek immediate injunctive or other equitable relief in a court of competent jurisdiction.
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: April 19, 2022