Terms of Use

 

1. Introduction

2. Eligibility

3. Registrations

4. Your use of the Services

5. Intellectual Property

6. Submissions to the Services 

7. Indemnification

8. Disclaimers; No Warranties

9. Limitation of Liability

10. Viruses and Security

11. Changes to Terms of Use

12. Governing Law

13. Arbitration

14. Termination

15. Miscellaneous

16. Feedback

17. Contact Information

 

1. Introduction

LG Electronics, Inc. (“LGE” or “we”) welcomes you (“you” or “users”) to the Promota (“Services”). The Services are a connected Chromecast-based app offering that allows small business owners to use a library of free templates to easily create signage, offer quick & simple editing, and make managing existing signage boards simple, straight from the mobile app.

These Terms of Use(“Terms of Use” or “Agreement”) apply to those individuals and groups who use the Services. They set out LGE’s responsibilities to you as well as identifying the “dos” and “don’ts” that you should be aware of when you use the Services.

Please read these terms of use carefully before using the Services. By accessing or using the Services on iPhone (collectively, "Device") by creating a Promota account and logging in with 3rd party services, you agree that you have read, understood and agreed to be bound by the terms and conditions of this Agreement and any and all applicable laws, rules and regulations. If you do not agree to these Terms of Use, please do not use or access the Services.

You should also review our Privacy Policy before you access the Services, as these sets out important information about how we may collect and use your personal information when you are using the Services.

 

2. Eligibility

The Services are available for individuals aged 13 years or older. If you are at least 13 but under the age of 18, you must have your parent’s or legal guardian’s permission to use or access the Services. If your parent or legal guardian does not permit you to use the Services, you may not accept this Agreement or use or access the Services.

By agreeing to this Agreement, you represent and warrant to us: (i) that you are at least thirteen (13) years of age and if you are under the age of 18, you have obtained your parent’s or legal guardian’s permission to use the Services; (ii) that you have not previously been suspended or removed from the Services(within 1 year); and (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree to be bound by this Agreement on behalf of such organization.

You are responsible for making all of the arrangements necessary for you to have access to the Services. We do not accept any responsibility if your access to the services are interrupted or unavailable due to problems with your power supply, broadband connection or other factors outside of our control.

 

3. You have already installed “Promota” app. In addition, you are required to download and get a membership of Google Home app and connect to Chromecast previously to use the Services. Once you register your membership, you can change the setting or control the device. And also, you can login existing accounts on Facebook, Google.

 

4. Your use of the Services

We grant to you a non-exclusive, non-transferable right to view and use the Services for your personal use, in accordance with these Terms of Use. You must not use the Services beyond the scope of this right and in particular you agree not to:

• Modify, copy, reproduce or retransmit any content that you may access through the Services, except as authorized by applicable law;

• Disassemble, reverse engineer or otherwise decompile Services, except as authorized by applicable law or license terms;

• Use the Services for any business or commercial purpose without first obtaining a license to do so from us or our licensors;

• Access or use the Services for any unlawful purpose.

LGE reserves the right to terminate your use of the Services for any failure to comply with this Section 4.

 

5. Intellectual Property

All intellectual property in the Services is owned by LGE or its licensors, which includes materials protected by copyright, trademark, or patent laws and other intellectual property laws and treaties around the world. All trademarks, service marks and trade names used on or in connection with the Services are owned, registered and/or licensed by LGE. All content, data, information, etc., on the Services including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and any and all other content, data information, etc., and all intellectual property rights therein, are the proprietary property of LGE and/or its licensors; all rights reserved and you are not entitled to use any of these intellectual property rights and other rights beyond the scope of what is expressly authorized under these Terms of Use.

6. Submissions to the Services 

LG Electronics does not want to receive confidential or proprietary information from you through the Service. Please note that any information or material sent to LG Electronics through the service will be deemed NOT to be confidential. By sending LG Electronics any information or material, you grant LG Electronics an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that LG Electronics is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

7. Indemnification

To the maximum extent permitted by laws, you agree to indemnify, defend and hold us, our subsidiaries, affiliates, and licensors, and their respective directors, officers, agents, partners and employees, harmless from any loss or liability, including reasonable attorneys’ fees, arising from a claim or demand made by any third party due to or arising out of (i) your use of the Services; (ii) your violation of this Agreement; (iii) any breach of your representations and warranties set forth herein; or (iv) your violation of any laws, rules or regulations.

 

8. Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT ACCESS TO SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. LGE DOES NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND WE DO NOT ACCEPT ANY RESPONSIBILITY IF FOR ANY REASON THE SERVICES OR ANY PART OF THEM IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGE EXPRESSLY DISCLAIMS ANY IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS OR WARRANTIES WHICH MAY APPLY TO THE SERVICES OR ANY CONTENT ON THEM, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT. LGE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SERVICE, THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE.

 

9. Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGE SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF INFORMATION, ACCOUNT DATA OR USER CREATED CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGE’S ENTIRE LIABILITY IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES IS THE AMOUNTS YOU HAVE PAID TO USE OF THE SERVICES. IN NO EVENT WILL LGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, EVEN IF LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

Some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you.

 

10. Viruses and Security

We use commercially reasonable efforts to ensure that the Services are secure and virus free, however we cannot and do not guarantee that the Services will be free from bugs, viruses, or other vulnerabilities. Further, we do not accept responsibility for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the Services.

 

11. Changes to Terms of Use

LGE may update or amend this Agreement at any time and you will be notified for any material changes. You are responsible for reviewing this Agreement periodically. You will be considered as having consented to the update or amendment of the Agreement, by your decision to continue using the Services following the date in which the update or amended Agreement is posted to the Services, or in the case of material changes, following the date on which we notify you of the change.

 

12. Governing Law

These Terms of Use are governed by the laws of the State of New Jersey without regard to conflict of law principles, and any dispute relating to these Terms of Use or the Services (including any arbitration proceeding) shall be decided based on such laws. To the extent that any lawsuit or court proceeding is permitted hereunder, you and LGE agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within State of New Jersey for the purpose of litigating all such disputes.

 

13. Governing Law; Dispute Resolution
  1. Except to the extent prohibited by local law, any dispute arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be: (i) referred to and finally resolved by arbitration under the 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.

  2. 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.

  3. 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

 

14. Termination

This Agreement is effective until terminated by you or by LGE. Your rights under this Agreement will terminate automatically without notice from LGE if you fail to comply with any term(s) or conditions of this Agreement. Additionally, LGE, in its sole discretion may terminate your Account on the Services at any time, with or without notice. We also reserve the right to modify or discontinue the Services at any time (including, without limitation, by limiting or discontinuing certain features) without notice to you. We will have no liability any suspension or termination of your access to or use of the Services.

 

15. Miscellaneous

Unless expressly stated otherwise, these Terms of Use and the documents referred to in them contain the entire agreement between us and you relating to your use of the Services and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to your use of the Services.

We may assign, sub-contract or otherwise transfer any or all of our rights and obligations under these Terms of Use to any company, firm or person. We can only do this if it does not materially affect your rights under these Terms of Use. You may not assign, sub-contract or otherwise transfer your rights or obligations under these Terms to anyone else unless you first agree this with us in writing.

If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

If any part of these Terms of Use is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted and the remaining parts of the Terms of Use will continue to be enforceable.

These Terms of Use do not create or infer any rights that are enforceable by any person who is not party to them.

 

16. Feedback

If you provide feedback to LGE regarding the Services (“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.

 

17. Contact Information

The Services are offered by LGE, located at LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, 150-721, Korea. You may contact us by sending correspondence to the foregoing address or by emailing us at info@promota.net.

 

 

Last updated: June 28th, 2017

 

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