1. Governing Terms and Acceptance
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION REQUIREMENT. EXCEPT WHERE PROHIBITED BY LAW, SUCH PROVISIONS REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST LGSVL AND MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. PLEASE SEE SECTION 12.2 BELOW FOR MORE INFORMATION. IF YOU DO NOT AGREE TO THIS ARBITRATION REQUIREMENT, PLEASE DO NOT ACCESS OR USE THE SIMULATOR SERVICES.
BY USING ANY PORTION OF THE SIMULATOR SERVICES, YOU ARE AGREEING AND WARRANTING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
2. Your Account
2.1 You must provide accurate and complete registration information any time you register to use the Simulator Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify LGSVL immediately.
2.2 Your use of the Simulator Services must comply with all applicable laws and regulations, including copyright laws and laws pertaining to the export of data or software.
2.3 You may use the Simulator Services only to access and use software on the Simulator infrastructure. You may not access the Simulator Services for the purpose of bringing an intellectual property infringement claim against LGSVL or for the purpose of creating a product or service competitive with the Simulator Services.
4. Misuse of the Simulator Services
You agree not to misuse the Simulator Services . You agree that, You must not: (i) upload, publish, transmit, or disseminate any information or content on or via the Simulator Services that is:
- a. Unlawful or tortious;
- b. Defamatory or libelous;
- c. Vulgar or obscene;
- d. Threatening, abusive, hateful, or harassing;
- e. Intending to advocate racial or ethnic intolerance;
- f. An invasion of another person’s right to privacy;
- g. Infringing on a third party’s intellectual property rights;
- h. Otherwise harmful, illegal, or encouraging of conduct that violates any criminal laws, any other applicable laws, or any third-party rights not mentioned.
Additionally, You must not and must not allow any third party to:
- a. Send content considered junk mail, spam, a chain letter, or in any other form considered unsolicited commercial mail;
- b. Conduct or forward pyramid schemes;
- c. Imitate or impersonate another person or use their email address, or create false accounts for the purpose of sending spam or other harassing or unlawful content;
- d. Transmit content that is harmful to minors;
- e. Interfere with another’s use and enjoyment of the Simulator Services;
- f. Install a virus, worm, trap door, back door, Trojan Horse, corrupted files, or any other items of destructive or deceptive nature;
- g. Disclose confidential information of any person or entity including LGSVL’s confidential information;
5. Fees for Use of the Services
We reserve the right to charge fees for any and all use of Simulator Services in the future.
6. Content Take Down Obligations
6.1 The Simulator Services may display or contain materials and information provided by third parties. Such content is the sole responsibility of the respective third party that makes it available. You acknowledge that LGSVL is not responsible for the availability of third party content and makes no guarantees or endorsements as to the content’s quality, non-infringement, accuracy, completeness, timeliness, or reliability. You acknowledge and agree that LGSVL is not liable for any loss or damage which may be incurred by you as a result of the availability of third party content.
6.2 The Simulator Services may contain trademarks of third parties, these trademarks are the property of their respective owners.
6.3 LGSVL respects the intellectual property rights of artists and content owners, therefore, it is LGSVL’s policy to respond expeditiously to notices of copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Upon receipt of a notice alleging copyright infringement, LGSVL will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
6.4 If You believe that your intellectual property rights have been violated in a way that constitutes copyright infringement by LGSVL or by a third party who has uploaded or contributed materials on or to the Simulator Services, please provide the following information to the designated Copyright Agent listed below:
- 1. A description of the copyrighted work or other intellectual property that You claim has been infringed;
- 2. A description of where the material that You claim is infringing is located on or in the Simulator Services;
- 3. An address, telephone number, and email address LGSVL can sufficiently can contact You;
- 4. A statement that You have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
- 5. A statement by You under penalty of perjury that the information in Your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
- 6. Your electronic or physical signature.
The above information must be submitted to the LGSVL designated Copyright Agent:
Attention: General Counsel, LG Electronics U.S.A., Inc.
1000 Sylvan Avenue
7. License from LGSVL and Restrictions
7.1 The Simulator Software
When You use the Simulator Services, LGSVL permits You to download the simulator software and accompanying documentation, code, and content owned or provided by LG (the “Simulator Software”). Your use of the Software is governed by the Simulator Software License Agreement, which is hereby incorporated and made part of these Terms by reference. You can find the Simulator Software License Agreement by clicking https://raw.githubusercontent.com/lgsvl/simulator/master/LICENSE.
7.2 License From You
Unless otherwise agreed in a separate license, You hereby acknowledge and agree that We and our designees have a non-exclusive, sub-licensable, transferable, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publicly display, publish, create derivative works from, transmit, distribute, and otherwise exploit any content uploaded, published, transmitted, or disseminated by You to the Simulator Services, in any media now known or hereafter developed, without compensation or notice to You, or any right of prior review or approval, for the limited purposes of improving, modifying, and/or updating the Simulator Services.
7.3 Proprietary Rights
The content and materials contained on the Website and Simulator Services are protected by the applicable trademark and copyright laws.
You acknowledge and agree that using the Website or the Simulator Services does not give You ownership in or license to any intellectual property rights in our content or material. LGSVL and its licensors reserve all rights not expressly granted in and to the Website and Simulator Services.
You agree that if You provide LGSVL with comments concerning the Simulator Services and Your evaluation and use thereof, including bug reports, evaluations, proposed product integrations (and associated metrics and learned knowledge) (“Feedback”), LGSVL and its designees will receive a non-exclusive, transferable, royalty-free, worldwide, perpetual, and irrevocable license to copy, modify, create derivative works from, publicly display, disclose, distribute, license and sublicense, incorporate and otherwise use the Feedback, including derivative works thereto, for any and all commercial and non-commercial purposes, in any media now known or hereafter developed, without compensation or notice to You, or any right of prior review or approval.
9. Modification and Termination of the Services
9.1 These Terms are effective at the time You begin using the Simulator Services, and will remain effective until terminated by LGSVL, other than those intended to survive termination.
9.2 We strive to provide You with the best services possible. Therefore, You acknowledge and agree that our Simulator Services may be modified, withdrawn, or updated from time to time without prior notice to You and that such updates and modifications may adversely affect the manner in which You access or communicate with the Simulator Services.
9.3 You also acknowledge and agree that LGSVL may, in its sole discretion and for any reason, terminate Your account or Your access to the Website and/or the Simulator Services. You agree that any termination of Your access may be without prior notice, and You agree that LGSVL will not be liable to You or any third party.
10. EXCLUSION OF WARRANTIES
10.1 You represent and warrant that: (a) the performance of Your obligations will not constitute a breach or otherwise violate any other agreement or the rights of any third party arising therefrom; and (b) You will maintain throughout the Term all rights and licenses that are required with respect to use of the Simulator Services, and Your use does and will continue to comply with all applicable foreign, federal, state, and local laws, rules and regulations.
EXCEPT WHERE PROHIBITED BY LAW, THE SIMULATOR SERVICES AND ANY OTHER LGSVL PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. LGSVL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LGSVL DOES NOT WARRANT THAT THE SIMULATOR SERVICES AND ANY OTHER LG PRODUCTS AND SERVICES PROVIDED HEREUNDER WILL MEET ALL OF YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT USE OF SUCH SIMULATOR SERVICES BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE, OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, LGSVL SHALL NOT BE LIABLE TO YOU OR YOUR SUBLICENSEES FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LGSVL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, LGSVL’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEE, IF ANY, THAT YOU PAID LGSVL FOR USE OF THE SIMULATOR SERVICES.
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE. YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS AND THAT LGSVL WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY.
Except where prohibited by law, You will indemnify, defend, or at its option settle and hold LGSVL, its subsidiaries, affiliates, officers and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (a) any intentionally tortious or negligent act or omission by You in connection with Your use of the Simulator Services; (b) Your use of the Simulator Services other than as expressly allowed by this Agreement; (c) any claims that derivatives or content on the LGSVL Simulator have infringed third party intellectual property rights; or (d) Your breach or alleged breach of any of the terms, restrictions, obligations or representations under these Terms.
13. General Legal Term
13.1 The Terms constitutes the entire agreement between You and LGSVL and governs Your use of the Simulator Services, and supersedes and merges all prior proposals, understandings and contemporaneous communications. You may not assign any of the rights or obligations granted hereunder, voluntarily or by operation of law (including without limitation in connection with a merger, acquisition, or sale of assets) except with the express written consent of LGSVL, and any attempted assignment in violation of this paragraph is void. The Terms do not create or imply any partnership, agency or joint venture.
13.2 Any dispute, controversy relating to, connected with, or arising out of these Terms, including any question regarding its existence, validity, or termination shall be finally resolved by binding arbitration by the American Arbitration Association by its Commercial Arbitration Rules and judgment rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Santa Clara County, California. These Terms shall be governed and construed in accordance with the laws of the state of California. The language of the arbitration shall be English. Any decision or award as a result of such arbitration shall be accompanied by a reasoned opinion and shall provide an explanation for all conclusions of law and fact and shall include an assessment of costs. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.
13.3 No waiver by LGSVL of any covenant or right under the Terms will be effective unless memorialized in a writing duly authorized by LGSVL.
13.4 You acknowledge and hereby agree that the invalidity or unenforceability of any provision of the Terms shall not affect the validity or enforceability of any other sections of the Terms, which shall remain in full force and effect.