Terms Of Use
AGREEMENT BETWEEN USER AND ThinkLG
The ThinkLG Web Site is comprised of various Web pages operated by ThinkLG.
The ThinkLG Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ThinkLG Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
ThinkLG reserves the right to change the terms, conditions, and notices under which the ThinkLG Web Site is offered, including but not limited to the charges associated with the use of the ThinkLG Web Site.
LINKS TO THIRD PARTY SITES
The ThinkLG Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ThinkLG and ThinkLG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ThinkLG is not responsible for webcasting or any other form of transmission received from any Linked Site. ThinkLG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ThinkLG of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ThinkLG Web Site, you warrant to ThinkLG that you will not use the ThinkLG Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ThinkLG Web Site in any manner which could damage, disable, overburden, or impair the ThinkLG Web Site or interfere with any other party's use and enjoyment of the ThinkLG Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ThinkLG Web Sites.
USE OF COMMUNICATION SERVICES
The ThinkLG Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
ThinkLG has no obligation to monitor the Communication Services. However, ThinkLG reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ThinkLG reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ThinkLG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ThinkLG's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ThinkLG does not control or endorse the content, messages or information found in any Communication Service and, therefore, ThinkLG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ThinkLG spokespersons, and their views do not necessarily reflect those of ThinkLG.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ThinkLG OR POSTED AT ANY ThinkLG WEB SITE
ThinkLG does not claim ownership of the materials you provide to ThinkLG (including feedback and suggestions) or post, upload, input or submit to any ThinkLG Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ThinkLG, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ThinkLG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ThinkLG's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ThinkLG WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ThinkLG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ThinkLG WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ThinkLG WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ThinkLG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ThinkLG WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ThinkLG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ThinkLG AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ThinkLG WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ThinkLG WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ThinkLG WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ThinkLG WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ThinkLG OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ThinkLG WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ThinkLG WEB SITE.
SERVICE CONTACT : webmaster@thinklg.com
TERMINATION/ACCESS RESTRICTION
ThinkLG reserves the right, in its sole discretion, to terminate your access to the ThinkLG Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the ThinkLG Web Site. Use of the ThinkLG Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ThinkLG as a result of this agreement or use of the ThinkLG Web Site. ThinkLG's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ThinkLG's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ThinkLG Web Site or information provided to or gathered by ThinkLG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ThinkLG with respect to the ThinkLG Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ThinkLG with respect to the ThinkLG Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the ThinkLG Web Site are: Copyright 2007 by MarketStar and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Club LG Rules
LG Electronics Mobilecomm, U.S.A
Club LG Official Rules
Promotion Period:
Club LG (the “Promotion”) begins September 1, 2010 at 9:00 am PT and is scheduled to end at 11:59 p.m. ET on December 31, 2011 (the “Promotion Period”), but Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time.
Participation Registration Requirements:
Registration of each recipient at www.ThinkLG.com is required for participation. Recipients that have previously registered are already qualified to participate. Only one active user account per person is eligible. Multiple user accounts for the same Participant are not permitted. LG reserves the right to delete ineligible accounts.
Eligible Participants:
All participants registered at ThinkLG are eligible to participate (each a “Participant,” collectively, the “Participants”). Per LG Awards Store and ThinkLG.com Guidelines, awards are issued to the Participant only. By participating in LG Awards promotions, Participant is acknowledging that his/her store has given him/her permission to participate in ThinkLG.com /LG Awards promotions and accept awards from LG Mobilecomm U.S.A., Inc. (“LG”). Employees of LG, its parent company, their respective subsidiaries, affiliates, and advertising, promotion or other coordinating agencies involved with this promotion, and the members of the immediate families (defined for these purposes as parent, child and sibling, and the spouses of each) or households of any of the above are not eligible to participate.
Program Description:
Club LG is a loyalty program for registered Participants of ThinkLG.com, the official training and resource information web site for LG products. Club LG extends the benefits of ThinkLG.com by offering additional resources and awards to Participants based on their usage of the ThinkLG.com web site. The more they use the site resources, the higher the club level they can achieve. Continued use of the web site is required to maintain their Club level once it is achieved. There are four levels to Club LG with increasing benefits at each level: Member, Silver Level, Gold Level, and Platinum.
Resources Available for Site Usage:
ThinkLG.com contains valuable resources for training, product information, communications, advertising, and social networking. To advance from the Club LG Member level to Silver, Gold, or Platinum levels, the Participant is required to use the resources to demonstrate their knowledge and interest in LG products. Sites resources include, but are not limited to, the following areas:
Club LG Level Requirements:
All registered Participants of ThinkLG.com are automatically enrolled at the Member Level. To advance from Member to a higher Club LG Level, Participants are asked to utilize or complete resources and procedures available on ThinkLG.com. See Rule 9 for instructions to access and complete each Site Usage Activity below:
Site Usage Activity
| Level | Active Participation | Certification Training | Product Information | Team Building Support, Communications, Awards |
| Member | Login at least once in ninety (90) days | Pass at least one certification training | ||
| Silver | Login at least once a month | Pass 100% of all offered certification training within thirty (30) days of quiz launch | Email at least three (3) documents directly from ThinkLG.com | |
| Gold | Login at least twice a month | Pass 100% of all offered certification training within fifteen (15) days of launch | Email at least ten (10) documents directly from ThinkLG.com | |
| Platinum | Login in at least once a week | Pass 100% of all offered certification training within seven (7) days of launch | Email at least fifteen (15) documents directly from ThinkLG.com |
Club LG Benefits.
When a Participant achieves a member level and maintains that member level during a calendar quarter, the Participant is granted access to the benefits of that club level. In addition, they receive LG Awards Store Bonus Points at the end of the calendar quarter, and they begin the next calendar quarter at the same level. Conversely, the Participant will drop a level if he or she does not satisfy requirements. For example, if a Participant begins a calendar quarter at the Gold level, but only accomplishes Silver level site usage, their status is reset to Silver Level at the end of the quarter, receiving Silver Level bonus points and beginning the next quarter at the Silver Level. All points collected during calendar quarter are carried over into the next calendar quarter, but Sponsor may expire unused points from previous calendar quarters upon reasonable notice to Participant.
| Level | End of Quarter Bonus Points | Certification Training | LG Awards Store | Team Building Support and Entertainment |
| Member | Five (5) LG Awards Store Points if thinkLG one-year anniversary date is within the quarter | |||
| Silver | Twenty-five (25) LG Award Store Points | |||
| Gold | Fifty (50) LG Award Store Points | |||
| Platinum | One hundred (100) LG Award Store Points | Advance on phone launches |
Points Award Dates:
LG Awards Store Bonus Points earned during the quarter will be awarded on the following schedule:
| Club LG Promotion Period | Points Award Date |
| Activity from October 1 to December 31, 2010 | January 1, 2011 |
| Activity from January 1 to March 31, 2011 | April 1, 2011 |
| Activity from April 1 to June 30, 2011 | July 1, 2011 |
| Activity from July 1 to September 30, 2011 | October 1, 2011 |
| Activity from October 1 to December 31, 2011 | January 1, 2012 |
Completing the Site Usage Procedures:
Below are the steps for completing each of the Club LG Site Usage requirement necessary to achieve and maintain Club LG levels.
Check Your Club Status
The Participant may check their Club LG status by clicking on the Membership Status page of ThinkLG.com. It will display the level status, completed activities and remaining activities needed to maintain the current level and activities needed to advance to the next Club LG Level.
Exchanging Points for Merchandise:
LG Awards Store Points change be exchanged in the LG Awards Store. The available Award Selection and merchandise with special point discount is based on your Club LG level. For information about exchanging points and placing orders, refer to the Program Guidelines for the LG Awards Store on the Awards page of ThinkLG.com.
Monthly Drawings and Winners:
In addition to the standard monthly and quarterly drawings, Participants at the Silver, Gold and Platinum levels are also eligible for separate monthly and quarterly drawings. One Silver Level member, one Gold Level member, and one Platinum Level member will be selected in a random drawing on the first business day of each month, and each calendar quarter. The Silver Level winner will select from Silver Level awards, the Gold Level winner will select from the Gold Level awards, and the Platinum Level winner will select from the Platinum Level awards. Participants can win one monthly and/or one quarterly drawing per year. For information about drawing dates and Awards Selections, refer to the Program Guidelines for the LG Monthly and Quarterly Drawings on the Awards page of ThinkLG.com.
Other Conditions:
If during the Program Period, a Participant leaves a Position at the current place of employment, the Participant can continue to participate if they become employed by another participating LG agent or eligible store approved by Sponsor. Points earned and training certifications will carry over to the new place of employment and Position for Silver, Gold, and Platinum Levels only. Participants that change status while at the Member level may lose unused LG Awards Store Points and be required to re-take certifications. To notify ThinkLG.com of new employment status/location, send email to: webmaster@ThinkLG.com within ten (10) days of changing employment, or call Help Desk at 1-877-LG-HLP4U.
Sponsor reserves the right to disqualify any Participant if, in sponsor's sole discretion, that Participant violated any of the Program Guidelines. Recording of false data or any attempt to defraud the program will result in immediate disqualification. Disqualified Participants will be unable to re-enroll in the program. Disqualification, under any circumstance, will result in immediate loss and forfeiture of earned points, prizes or other awards and will void Sponsor's obligations as to any Awards for such individual. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE EVENTS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION.
Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Participants or by any of the equipment or programming associated with or utilized in the program or by any technical or human error, which may occur in the transmission, receipt or processing of entries or entry/Program information. Sponsor is not responsible for lost, late, damaged, misdirected, illegible, postage due, garbled or incomplete entries/Program information/mail, or for entries/Program information submitted in a manner that is not specified in these rules; all such entries/Program information will be disqualified.
All expenses on the acceptance of prizes, including, but not limited to, any applicable federal, state or local income taxes, as well as set-up or activations costs, are the sole responsibility of the Participant. Reporting of income received via prize on the Participant's tax return or filing shall be the sole responsibility of the Participant. Winners receiving a single prize valued at $600 and higher, or multiple prizes from other 2010 LG promotions totaling $600 and higher, will receive an IRS Tax Form 1099 in January 2011 for the value of their prize(s). Participant, by acceptance of Prize, represents that he/she has complied with all the program rules. Prize winners may be required to complete and return an IRS W9 form prior to prize shipment. This will be required if the prize value, or total prizes earned in tax year 2010, will exceed $599. Winners not returning the IRS W9 within seven (7) days of the request will forfeit all rights to any prize and said prize will be awarded to an alternate winner. Prizes cannot be transferred or substituted except as provided herein and there is no cash redemption offered. Sponsor reserves the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. By accepting a Prize, each winner consents to use of his/her likeness and/or biographical information for advertising and promotional purposes in any and all media worldwide without limitation and without additional compensation, except where prohibited by law.
The ARV of electronic prizes is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date of the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Prizes are non-transferable and no substitution or cash redemption will be made except as provided herein in the Sponsor’s sole discretion. Participants understand that phone models may only operate on certain carrier networks, which may or may not be compatible with Participant's existing network, if any. The models for the TV, DVD Players, and Home Theater System will be determined in Sponsor's sole discretion. The Visa prepaid cards are subject to Visa's terms and conditions. Requests for phones compatible with a potential Winner's existing network cannot be accommodated. If any winner rejects his/her prize or in the event of noncompliance with these Program rules and requirements, such prize will be forfeited and an alternate Winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Each potential winner must continue to comply with all terms and conditions of the Official Rules. Winning is contingent upon fulfilling all requirements.
Liability Disclaimer.
By accepting a prize, each winner agrees to release, indemnify and hold harmless Sponsor, RGI Marketing Group and each of their affiliates, subsidiaries, advertising and promotion agencies, customers, and each of their respective directors, officers, employees and assigns from and against any and all claims, damages and liability of any kind arising from or in connection with the acceptance, possession or use/misuse of any prize, or participation in the promotion or in any prize-related activities, and assumes all liability therefore. All prizes are covered by manufacturer's warranty only. Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the contest/sweepstakes or in the announcement of the prizes/winners. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Participants or by any of the equipment or programming associated with or utilized in the program or by any technical or human error, which may occur in the transmission, receipt or processing of the entries. Sponsor is not responsible for lost, late, damaged, misdirected or incomplete entries/program information, or for entries/program information submitted in a manner that is not specified in these rules; all such entries/program information will be disqualified.
Disputes
Except where prohibited, Participant (and their parent or legal guardian if Participant is a minor) agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in San Diego County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Sponsor: LG Electronics MobileComm U.S.A., Inc., 10101 Old Grove Road, San Diego, California 92131.
