b. User Content. By sending, posting or transmitting any information to LG or through the Online Services ('User Content') you grant LG and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works from, and otherwise exploit the User Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you, subject to applicable law. All User Content is deemed non-confidential and non-proprietary.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE APP. PLEASE BE AWARE THAT THE TERMS OF USE CONTAINS PROVISIONS OBLIGATING YOU AND LG TO RESOLVE DISPUTES THAT ARISE BETWEEN US, INCLUDING ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS OF USE, THROUGH BINDING AND FINAL ARBITRATION. SECTION 19 CONTAINS AN ARBITRATION AGREEMENT. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU MAY NOT BE A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR PROCEEDING AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
a. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK, AND THE ONLINE SERVICES, THE AI-BASED SERVICES AND OUTPUT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ADDITIONAL GUARANTEES, ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PARTICULAR PURPOSE.
LG is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Online Services, including your User Content, in LG’s possession, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms of Use, (iii) respond to any claims that your User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of LG, its Users or the public, and all enforcement or other government officials, as LG in its sole discretion believes to be necessary or appropriate.
No Responsibility to Backup or Maintain User Content. LG is not responsible to backup or maintain User Content and is not responsible for any damage or loss of data or other User Content for any reason, including the implementation of measures by LG in accordance with these Terms of Use, such as restriction of User’s use of the Online Services or termination of your LG Account. User is responsible to create backups of User Content.
However, any question as to whether a Dispute is a Covered Dispute (as defined above) and/or whether a Dispute is subject to the Mandatory Dispute Resolution Provisions for U.S. Users is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code ('FAA'). iv. Choice of Venue: For any Action allowed to proceed in court, or to enforce the terms of this Agreement, the Parties agree to exclusive personal jurisdiction and venue in the State courts of the State of New Jersey or the United States District Court for the District of New Jersey.
You agree to indemnify and hold Company Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your User Content; (b) your use of, or inability to use, any Online Service; (c) your use or reliance on the AI-Based Services; (d) your violation of the Terms of Use; (d) your violation of any rights of another party, including any other Users; or (e) your violation of any applicable laws, rules or regulations.
You hereby grant to LG a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for any purpose, including without limitation in connection with the operation and maintenance of the Services and/or LG’s business.
We reserve the right to change the Terms of Use from time to time in our sole discretion. When we do, we will revise the Effective Date at the top of these Terms of Use. Changes to these Terms of Use will be effective immediately or the earliest date permitted by law after notice to you, which may be given by posting the updated Terms of Use on our Online Services or by email. If material changes are made to the Terms of Use, we may also notify you by placing a prominent notice on the Website or App or via email at the email address we have on file for you.
LG reserves the right to display advertisements for third parties ('Third-party Ads') on the Online Services, including targeted advertisements, which may be served or provided based on certain Users’ preferences. The Services may include advertisements and marketing information provided by us or a third party, and for those advertisements and marketing information provided by third-party advertisers, we are unable to control the usefulness, accuracy, or completeness of such information.
The documents we read do not mention these practices, which usually live in a document we haven’t read yet: