LG H&H End User License Agreement
This end user license agreement (this “Agreement”) is entered into by and between LG H&H Co., Ltd., LG Gwanghwamun Bldg., 58 Saemunan-ro, Jongno-gu, Seoul 03184 Korea, Contact cs@imprintu.com or +82-080-023-7007 (“Company”, “we”, “us” or “our”) and the end user agreeing to the terms herein (“you”). This Agreement governs your use of the Apple iOS or Google Android mobile application (the “Application”) necessary for controlling Company’s Imprintu portable printer (the “Printer”) (together, the “Services”).
BY ACCEPTING THIS AGREEMENT OR, IF PERMITTED BY APPLICABLE LAW, BY DOWNLOADING/INSTALLING/USING THE APPLICATION, PRINTER, AND/OR SERVICES, YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (II) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (III) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/INSTALL/USE THE APPLICATION, PRINTER, AND/OR SERVICES.
PLEASE BE AWARE THAT THE AGREEMENT CONTAINS PROVISIONS OBLIGING YOU AND COMPANY TO RESOLVE DISPUTES THAT ARISE BETWEEN US THROUGH BINDING AND FINAL ARBITRATION, UNLESS PROHIBITED BY APPLICABLE LAWS. SECTION 15 CONTAINS AN ARBITRATION AGREEMENT.
IF YOU ARE LOCATED IN THE UK, AN EU MEMBER STATE, SWITZERLAND, TAIWAN, MEXICO, NEW ZEALAND, AUSTRALIA, CHILE OR BRAZIL, IN MOST CASES THESE PROVISIONS WILL NOT AFFECT YOUR RIGHT TO RESOLVE DISPUTES IN YOUR LOCAL COURT OR TRIBUNAL.
IF YOU ARE LOCATED IN ANOTHER JURISDICTION, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BUT IF YOU DO NOT IT MAY AFFECT YOUR RIGHTS TO SEEK A REMEDY IN THE COURTS. SPECIFICALLY, IF YOU ARE LOCATED IN THE USA (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.
Purpose
The purpose of this Agreement is to govern the rights, obligations, and responsibilities of Company and you when you use the Printer or Application.
Minors
The Services are not directed toward children under the age of 18, and we do not knowingly collect any personal information from children under the age of 18. If a child under 18 has provided our website, online service, or mobile application with personal information, we ask that a parent or guardian contact us as described below so that we may promptly delete the child’s information from our record.
For the avoidance of doubt, the Services are not intended for use by anyone under age 18. YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE SERVICES. By agreeing to this Agreement, you represent that you are at least age 18.
(If you are residing in Thailand, YOU MUST BE AT LEAST AGE 20 TO ACCESS AND USE THE SERVICES.
(If you are residing in the UAE, YOU MUST BE AT LEAST AGE 21 TO ACCESS AND USE THE SERVICES.)
License and General Use Restrictions
License Grant. Subject to the terms of this Agreement, Company hereby grants you a non-exclusive, non-sublicensable and non-transferable license to download, install and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”).
License Restrictions. You agree not to: (a) transfer or assign the Application and/or this Agreement to another party without the prior written consent of Company; (b) copy the Application, except as expressly permitted by this license; (c) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application; (d) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (e) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (f) rent, lease, lend, sell, resell, loan, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (g) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application. These restrictions shall be construed to apply to the greatest extent permitted by the applicable law.
Imprintu Services; Changes to Accessible Services
Through the Application, you may enjoy the following features and functionalities: you may (i) print Drawings (as defined below); (ii) download Drawings, with or without charges; (iii) edit Drawings that you have downloaded; (iv) enjoy the magazine which provides articles on the current tattoo trend; or (v) enjoy any other features or functionalities, including those that will be newly developed and added by Company or provided through a contract with a third-party service provider.
Company may, in its sole discretion, temporarily disable the use of the Application at any time for any reason, including, without limitation, for application management and maintenance, and customers will be informed in a timely manner. Further, Company may, in its sole discretion, modify the Application at any time for any reason and provide modified, updated and upgraded versions of the Application to you, which may modify or delete certain features and/or functionalities. Company will ensure that such modifications or deletions do not degrade the overall functionality or features of the Application. It may also, to the extent permitted by applicable law, withdraw from distribution and/or permanently disable the Application and make available, itself or through an intermediary, through the same distribution channels, another application that enables normal use of the Printer, which will be timely informed to customers. Unless these obligations cannot be excluded or limited by law, you agree that Company has no obligation to provide any specific updates or continue to provide or enable any particular features or functionalities and that any and all updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Term and Termination
This term of this Agreement commences when you download/install the Application and shall remain in full force and effect until terminated by you or Company as set forth in this Section 5.
By you. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
By Company. Notwithstanding the foregoing, Company may terminate this Agreement by giving you at least thirty (30) days’ notice where you have repeatedly or materially breached this Agreement.
Effects of Termination. If this Agreement terminates, then (i) all rights granted to you under this Agreement shall also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
Notwithstanding the foregoing, the following provisions of this Agreement shall survive termination: Section 5; Section 6; Section 7; Section 11; Section 12; Section 13; Section 16; Section 17, and termination shall not limit any of Company’s rights or remedies at law or in equity.
Title; Intellectual Property
You agree that you do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions and restrictions under this Agreement. You acknowledge that Company owns all right, title and interest in and to the Services and that except with respect to any User Generated Content (as defined below), Company owns all right, title and interest in and to all content made available via the Services, including, without limitation, the Drawings, the Intellectual Property Rights to and in the Drawings, and all other Intellectual Property Rights.
“Drawing(s)” means all drawings displayed in “Gallery” section of the Application, which you can buy or download without charge via the Application. All Drawings available are for your personal purpose only, and you shall not sell or resell any Drawings you purchase or otherwise download from the Application. Company reserves the right, with or without notice, to reduce or delete some or all Drawings from the Application, as determined by Company in its sole discretion. “Intellectual Property Rights” means (i) all patents, patent applications, and certificates of invention, and all continuations, continuations in part, extensions, renewals, divisions, re-issues and re-examinations relating thereto; (ii) copyrights in any work of authorship or other work recognized by foreign or domestic law, by statute or at common law or otherwise, including all copyright registrations and applications therefor, together with any renewal or extension thereof and all rights deriving therefrom; (iii) all, whether registered or unregistered, trademarks, service marks, trade names and trade dress, and all goodwill relating thereto; (iv) all rights in all trade secrets, know-how, and confidential information; and (v) other intellectual property rights protectable under any laws or international conventions throughout the world.
User Generated Content
When you post content that you have created, including reviews of Drawings (“User Generated Content”) using our Services, you acknowledge that your posts are public, for everyone to see, use, copy, and share.
We have no obligation, but reserve the right, to monitor, flag, delete, or refuse to reproduce any User Generated Content we believe may be in violation of this Agreement, and to cancel any order(s) based on such User Generated Content. Under no circumstances will Company be liable in any way for any loss of any User Generated Content. The Services are not intended as a storage depository for User Generated Content. You are responsible for retaining copies of your User Generated Content. We do not endorse any User Generated Content, or any opinion, recommendation or advice expressed therein, and we disclaim all liability with respect to the content posted by any user other third parties.
You retain ownership of all User Generated Content you submit, and you grant us and our designees the irrevocable, non-exclusive, worldwide right to use such on the Services and elsewhere in our discretion, including in our marketing materials. In the event you terminate your account with us, Company may retain any User Generated Content you submit, subject to the Company removing any personal information contained in such User Generated Content.
By posting User Generated Content to the Services, you represent and warrant that:
- You understand you are participating in a public forum and that your User Generated Content and other personal information will be available to all other users of Services;
- You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to use all intellectual property and other rights to enable inclusion and use of the content in the manner allowed by this Agreement);
- You understand that your content may be utilized and distributed by Company in its marketing materials;
- You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. as applicable. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free products) or any other incentive (like entering a sweepstakes, or even receiving a coupon) in exchange for posting content (including but not limited to product reviews, Q&A, photographs, and social channels), then this must be disclosed in the same post. All disclosures must be made clearly and conspicuously;
- To the extent legally possible, all “moral rights” that you may have in such content have been voluntarily waived by you and you agree not to exercise your moral rights against us. You also do not require that any personally identifying information be used in connection with the content that you submit, or any derivative works of or upgrades or updates thereto;
- You are at least 18 years old and, if you are a minor, you have obtained the consent of your parent or legal guardian to use the Services and their agreement to this Agreement.If you are residing in Thailand, you represent and warrant that you are at least 20 years old. If you are residing in the UAE, you represent and warrant that you are at least 21 years old.
- The content you supply does not violate this Agreement and will not cause injury to any person or entity.
You also represent and warrant that any content you submit:
- Is not false, inaccurate or misleading;
- Does not harm minors;
- Does not elicit or provide medical advice;
- Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
- Does not violate any obligations you may have with respect to such content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
- Is relevant to the product being rated and reviewed or about which a question or answer is submitted;
- Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
- Complies in all respects with this Agreement, our Privacy Policy and all any other posted guidelines and rules;
- Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and
- Does not impersonate any person or entity, including, without limitation, any Company employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
You may not use the Services to collect or store personal information about other users.
Payment
Payment for all paid Drawings, or other services, upgrades or consumables available through the Application will be handled by Toss Pay, or such third-party payment provider as Company shall appoint from time to time. In the event of a change of payment provider Company shall notify you through the Application.
Toss App is accessible through the Toss application (see https://docs.paymentwall.com/payment-method/toss for more information). The applicable purchase and payment terms are provided to you at point of transaction through the Application and via email.
Accounts, Passwords and Security
Certain features or services offered on or through the Application may require you to open an account (including setting up an ID and password). Company will adopt the appropriate, technical, contractual, and organizational measures to ensure the protection of your personal information and prevent its unauthorized access, disclosure, or use.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE INFORMATION YOU HOLD FOR YOUR ACCOUNT, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP THIS INFORMATION SECURE AND CONFIDENTIAL. YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD, OR ANY OTHER BREACH OF SECURITY. YOU MAY BE HELD LIABLE FOR DAMAGES OR LOSSES INCURRED BY US OR ANY OTHER USER OF OR VISITOR TO THE APPLICATION DUE TO SOMEONE ELSE USING YOUR ID, PASSWORD OR ACCOUNT AS A RESULT OF YOUR FAILING TO KEEP YOUR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL.
YOU MAY NOT USE ANYONE ELSE’S ID, PASSWORD OR ACCOUNT AT ANY TIME WITHOUT THE EXPRESS PERMISSION AND CONSENT OF THE HOLDER OF THAT ID, PASSWORD OR ACCOUNT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.
Privacy
By using the Services or accepting our Privacy Policy, you acknowledge that your personal information will be processed in accordance with our Privacy Policy, which further describes the personal information that we gather about or from users of the Services and how we process, use and share that data or any other privacy rights under the applicable law. You acknowledge that you have read, understood and agree to be bound by our Privacy Policy, which is incorporated into this Agreement by this reference.
Warranty; Disclaimer of Warranties
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY AND THAT YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
SOME JURISDICTIONS, IN PARTICULAR THE UK, EU, AUSTRALIA AND SINGAPORE DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE LOCATED IN AUSTRALIA, NOTHING IN THIS ‘DISCLAIMER OF WARRANTIES’ SECTION IS INTENDED TO EXCLUDE, MODIFY, OR LIMIT ANY SUCH STATUTORY PROTECTIONS, RIGHTS, OR GUARANTEES TO THE EXTENT THEY APPLY TO YOU, INCLUDING ANY RIGHTS YOU MAY HAVE TO A REPAIR, REFUND, OR REPLACEMENT OF THE SERVICES UNDER THE AUSTRALIAN CONSUMER LAW, IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) (AUSTRALIAN CONSUMER LAW).
IF YOU ARE LOCATED IN NEW ZEALAND, NOTHING IN THIS CLAUSE 11 AFFECTS ANY RIGHTS YOU MAY HAVE UNDER THE CONSUMER GUARANTEES ACT 1993, OR OTHER LEGISLATION LIKE THE FAIR TRADING ACT 1986, WHERE YOU ARE A “CONSUMER” AS DEFINED BY THOSE LAWS (NEW ZEALAND CONSUMER LAW). IF YOU ARE “IN TRADE” WITHIN THE MEANING OF NEW ZEALAND CONSUMER LAW, YOU ACKNOWLEDGE THAT YOU ARE NOT PERMITTED TO ACQUIRE OUR SERVICES FOR “IN TRADE” PURPOSES UNDER THE TERMS OF THIS AGREEMENT AND THAT, IF YOU DO SO, THE NEW ZEALAND CONSUMER LAW WILL NOT APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY THAT LAW.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,(INCLUDING AUSTRALIAN CONSUMER LAW), COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RESPONSIBILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERROR OR DEFECTS CAN OR WILL BE CORRECTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,(INCLUDING AUSTRALIAN CONSUMER LAW), IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES THAT ARE:
- NOT REASONABLY FORESEEABLE,
- CONSEQUENTIAL LOSSES OR INDIRECT LOSSES
- CAUSED BY YOUR USE OF THE SERVICES IN BREACH OF THIS AGREEMENT
- BUSINESS LOSSES. THE SOFTWARE IS FOR DOMESTIC AND PRIVATE USE. IF YOU USE THE SOFTWARE FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES.
AS SOME JURISDICTIONS (INCLUDING AUSTRALIA) DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANY OTHER TERM IN THIS AGREEMENT, OUR APPLICATION AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
[IF YOU ARE LOCATED IN THE UK/EU,] SWITZERLAND, AUSTRALIA OR SINGAPORE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE ANY LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR FOR INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE.
Indemnification
To the fullest extent permitted by, and subject to, the applicable law in your jurisdiction, you agree to indemnify and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising out of or resulting from your use or misuse of the Services or your breach of this Agreement.
To the extent permitted by applicable law, you also agree that Company assumes no responsibility for the User Generated Content you submit or make available through the Services.
Export Control
You may not use, export, import, or transfer the Application and/or Printer except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Application and/or Printer, and any other applicable laws. In particular, but without limitation, the Application and/or Printer may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Application and/or Printer, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application and/or Printer for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that the Application and Printer provided by the Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Application and/or Printer, either directly or indirectly, to any country in violation of such laws and regulations.
Dispute Resolution
Please read the following arbitration agreement in this section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us. THE PROVISIONS OF THIS CLAUSE ARE SUBJECT TO THE APPLICABLE LAW IN YOUR JURISDICTION. SPECIFICALLY, IF YOU ARE LOCATED IN THE UK AN EU MEMBER STATE, SWITZERLAND, OR TAIWAN, IN MOST CASES THESE PROVISIONS WILL NOT AFFECT YOUR RIGHT TO RESOLVE DISPUTES IN YOUR LOCAL COURT OR TRIBUNAL. - AUSTRALIA, YOU HAVE RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THIS AGREEMENT PREVENTS YOU FROM BRINING ACTION IN RESPECT OF THOSE RIGHTS IN AUSTRALIAN COURTS. HOWEVER, COMPANY RESERVES THE RIGHT TO ENFORCE THESE PROVISIONS IN CASES WHERE THEY DO APPLY.
- - THE UK, AN EU MEMBER STATE, SWITZERLAND, MEXICO, CHILE, TAIWAN OR BRAZIL, IN MOST CASES THESE PROVISIONS WILL NOT AFFECT YOUR RIGHT TO RESOLVE DISPUTES IN YOUR LOCAL COURT OR TRIBUNAL.
- - MEXICO, YOU HAVE RIGHTS UNDER THE MEXICAN CONSUMER LAW AND NOTHING IN THIS AGREEMENT PREVENTS YOU FROM BRINING ACTION IN RESPECT OF THOSE RIGHTS IN MEXICAN COURTS OR WITH THE MEXICAN CONSUMER PROTECTION AUTHORITY.
- - AUSTRALIA, YOU HAVE RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THIS AGREEMENT PREVENTS YOU FROM BRINING ACTION IN RESPECT OF THOSE RIGHTS IN AUSTRALIAN COURTS.
- - NEW ZEALAND, YOU HAVE RIGHTS UNDER NEW ZEALAND CONSUMER LAW AND NOTHING IN THIS AGREEMENT PREVENTS YOU FROM BRINGING AN ACTION IN RESPECT OF THOSE RIGHTS IN NEW ZEALAND COURTS.
- - QATAR, THE 30-DAY RIGHT TO OPT-OUT PROVISION IS NOT APPLICABLE. HOWEVER, COMPANY RESERVES THE RIGHT TO ENFORCE THESE PROVISIONS IN CASES WHERE THEY DO APPLY.
- a. Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services or to any aspect of your relationship with the Company, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
- b. Arbitration Rules and Forum. The US Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to LG H&H Co., Ltd, located at LG Gwanghwamun Bldg., 58 Saemunan-ro, Jongno-gu, Seoul 03184 Korea. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under US0,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Company will pay them for you. In addition, Company will reimburse all such JAMS's filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than US,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- c. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- d. Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15(a) (Application of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- e. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- f. Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.
- g. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by writing to us at the following address: LG Gwanghwamun Bldg., 58 Saemunan-ro, Jongno-gu, Seoul 03184 Korea, or sending an email to: cs@imprintu.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one) or to register as a Guest (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- h. Severability. Except as provided in Section 15(e) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- i. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with the Company.
- j. Modification. Notwithstanding any provision in the Agreement to the contrary, to the extent permitted by applicable law, we agree that if Company makes any future change to this Arbitration Agreement, Company shall notify you of the such change and you may reject such change within thirty (30) days of such change becoming effective by writing to us at the following address: LG Gwanghwamun Bldg., 58 Saemunan-ro, Jongno-gu, Seoul 03184 Korea.
Governing Law
This Agreement shall be governed by the laws of the Republic of Korea without regard to its principles of conflict of laws.
IF YOU ARE LOCATED IN THE UK, AN EU MEMBER STATE, SWITZERLAND, TAIWAN, OR AUSTRALIA, IN MOST CASES THE FOREGOING PROVISION WILL NOT AFFECT YOUR STATUTORY AND COMMON LAW RIGHTS APPLICABLE IN THE COUNTRY WHERE YOU ARE LOCATED, OR YOUR RIGHT TO TAKE ACTION TO ENFORCE THOSE RIGHTS.
Severability
In the event that any provision of this Agreement shall be found to be illegal, void, or unenforceable under the applicable laws and if such provision cannot be modified to be enforceable, such provision shall be of no force or effect, but such a finding shall not render the remaining provisions illegal, void, or unenforceable, and all remaining provisions shall be observed and given effect by all of the parties to the maximum degree possible.
Entire Agreement
This Agreement and Company’s Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the Application. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
Waiver
No waiver by either party of any breach, default or violation of any term, warranty, representation, agreement, covenant, condition or provision of this Agreement shall constitute a waiver of any subsequent breach, default or violation of the same or other term, warranty, representation, agreement, covenant, condition or provision. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall prevail.
No partnership
Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties.
Governing Language
This Agreement is executed in multiple languages. In case of any conflict or inconsistency between the language versions, to the extent permitted by applicable law, the English version shall prevail, and the other language versions shall be deemed automatically amended to conform to the English version.
The prices of the products and services will be published on the Application in US Dollars. If the payment is processed by a third-party provider, the final price (including taxes) could be charged in a different currency which will be disclosed to you before purchase, however, it will be the equivalent to the final price informed in the Application.
