Terms of Use

 

Agreement to the Terms of Use

Magnachip Semiconductor Corporation and its subsidiaries are collectively referred to herein as “Magnachip.”  These Terms of Use are entered into by and between you and Magnachip (“Company,” “we,” or “us“). The following terms and conditions (“Terms of Use“) govern your access to and use of this website as well as all associated Magnachip websites linked with this website (collectively, the “Website“), including any content, functionality and services offered on or through the Website.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

 

Changes to the Terms of Use

Magnachip reserves the right to change, modify, add or remove portions or the whole of these Terms of Use at any time and at its sole discretion. You shall be solely responsible for checking for any such updates from time to time. You are deemed to have accepted and agreed to any changes by your continued use of the Website following the changes to the Terms of Use.

 

Materials; Ownership

The Website and the entirety of its contents, features and functionality (including all information, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code) or any other substance not covered by the foregoing (collectively, the “Materials“), including the design, structure, selection, coordination, expression and arrangement of such Materials, contained on the Website is owned, copyrighted, trademarked, controlled or licensed by or to Magnachip, and is protected by applicable laws, as well as international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. Except as expressly provided in these Terms of Use, no part of the Website and none of the Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any media device, platform or channel without Magnachip’s express prior written consent. You are granted limited rights only for the purposes of viewing the Materials contained in the Website. You agree not to “mirror” any Materials contained on the Website on any device, platform, or other media without prior written consent provided by Magnachip. If you are in breach of the Terms of Use, your aforementioned rights will be automatically and immediately revoked and voided.

 

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Publish and spread content and information that is prohibited by applicable laws on the website.
• Otherwise attempt to interfere with the proper working of the Website.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Violation of Terms of Use

You are solely responsible for your compliance with all applicable laws, rules and regulations in connection with accessing and using this Website. If you violate these Terms of Use, Magnachip may cease your access to the Website without prior notice or explanation, and seek any damages or legal remedies available as a matter of law.

 

Our Disclaimer of Warranties

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAGNACHIP AND ITS EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE “MAGNACHIP PARTIES“) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:  (A) THE WEBSITE; (B) THE MATERIALS; (C) USER CONTENT; (D) ANY PRODUCTS OR SERVICES OFFERED OR REFERENCED AT THE WEBSITE; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MAGNACHIP OR VIA THE WEBSITE. IN ADDITION, THE MAGNACHIP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.

THE MAGNACHIP PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. THE MAGNACHIP PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CORRECT, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE MAGNACHIP PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MAGNACHIP PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

 

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE MAGNACHIP PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:  (A) THE WEBSITE; (B) THE MATERIALS; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MAGNACHIP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S DEVICE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MAGNACHIP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).

UNDER NO CIRCUMSTANCES SHALL THE MAGNACHIP PARTIES BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY (INCLUDING DEATH), EXCEPT AND TO THE LIMITED EXTENT AS MAY BE OTHERWISE SPECIFICALLY PROVIDED BY APPLICABLE LAWS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU).

 

Indemnification

You agree to indemnify and hold harmless the Magnachip Parties from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the Website or its content, including claims arising out of (i) your violation of these Terms of Use; (ii) your violation of any third-party right including any copyright, trademark, trade secret or privacy right; (iii) any misrepresentation made by you; and (iv) Magnachip’s use of your information. You agree to promptly notify Magnachip and cooperate fully with Magnachip in the defense of any claim. Magnachip reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.

 

Integration; Severability; Assignment

These Terms of Use, together with any other legal notice published by Magnachip on the Website and our Privacy Policy, constitute the entire agreement between Magnachip and you concerning your use of the Website. Any actions by Magnachip arising out of these Terms of Use shall be governed by the laws of the Republic of Korea, and you agree to the jurisdiction of the Seoul Central District Court, Seoul, the Republic of Korea, for any disputes arising out of or related to the Terms of Use of the Website. If any part of these Terms of Use is held invalid or unenforceable, the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Magnachip may assign its right and obligations under these Terms of Use, in whole or in part. You may not assign these Terms of Use and/or any additional terms.

 

Investigations; Cooperation with Law Enforcement

Magnachip reserves the right to:  (i) investigate any suspected breaches of its Website’s security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms of Use; (iii) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; and (iv) prosecute violators of these Terms of Use.

 

Accessing the Website

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our opinion, you have violated any provision of these Terms of Use.