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Terms

TERMS OF USE AGREEMENT

Last updated: February 9, 2019


Welcome to KStarLive Inc. ("KStarLive," "we," "us", “the company” or "our") website ("Site"). This Terms of Use Agreement ("Agreement") is important and affects your legal rights, so please read it carefully. Note that Section 16 of this Agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accessing or using the Site and/or using KSC (“KStarCoin”) and KRC (“KR Coin”), you agree to be bound by this Agreement and all of the terms incorporated herein by reference. If you do not agree to this Agreement, you may not access or use the Site or be rewarded and use KSC and KRC. This Agreement governs your access and use of the Site and use of the KSC and KRC.


This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. You represent and warrant that you are participating in the KStarLive Platform, which includes the potential reward and use of KSC and KRC, in your individual capacity as the prospective beneficial owner of KSC and KRC and not as a representative or agent of a third party or a third party entity (i.e. non-natural person) and you acknowledge and agree that KStarLive Inc. reserves the right to prohibit persons and third party entities from participating in the KStarLive platform if they are domiciled in a jurisdiction which prohibits and restricts such participation, including but not limited to any sanctions program administered in your government’s jurisdiction. You also agree that KStarLive Inc. reserves all rights in terminating an account and the corresponding KSC and KRC, in the event that any unlawful and inappropriate activities have taken place in which all rights are reserved to the company.


The Site is not intended for use by anyone under the age of 13. KSC and or KRC may not be available for use or sale depending on your local jurisdiction. The company is not responsible for the legality of your actions with regards to “cryptocurrency” in your native jurisdiction. 


By using the Site and using/purchasing KSC through this Site, you represent and warrant that you (a) are above the age required by local laws to purchase and sell cryptocurrencies, (b) purchasing and using KSC in your individual capacity as the beneficial owner thereof and not as a representative or agent of a third party or a third party entity (i.e., non- natural person, (c) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site, (d) have not previously registered on the Site and/or been informed that your participation in KStarLive’s platform to use or purchase KSC was not approved, (e) do not have more than one Account (defined in Section 4 below), and (f) have full power and authority to enter into this Agreement and in so doing will not violate any other agreement to which you are a party. You acknowledge and agree that KStarLive Inc. reserves the right to prohibit persons and third party entities from participating in the KStarLive’s platform and the purchase and use of KSC and KRC on the site if they are domiciled in a jurisdiction which prohibits or restricts such participation, including but not limited to al l applicable federal, state and local laws, regulations, and sanctions.


KStarLive reserves the right to change or modify this Agreement at any time and at our sole discretion. If we make changes to this Agreement, we will provide notice of such changes by updating the "Last Updated" date at the beginning of this Agreement. By continuing to access or use the Site or using KSC and KRC, you confirm your acceptance of the revised Agreement and all of the terms incorporated therein by reference. We encourage you to review the Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or use or purchase KSC. If you do not agree to the revised Agreement, you may not access or use the Site or use or purchase KSC and KRC.



Definitions

For purposes of this Agreement, KSC ("KStarCoin") refers to a general purpose cryptocurrency, implemented on the public Ethereum blockchain (the "Ethereum Platform"), and intended for use in everyday digital services. KSC is intended to be used for all transactions within a KSC ecosystem comprised of digital services that participate in the right and opportunity to innovate and compete for compensation in the form of KSC.

For purposes of this Agreement, “KRCoin” refers to a general purpose of cryptocurrency, implements on a blockchain platform to be determined, and intended for use on KStarLive and its partnering entities platforms.

By agreeing to this Agreement, you acknowledge and agree that that we maintain verification levels that require user participation and verification to obtain, with leveled permissions based on user-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve your desired level of verification, and we reserve the right in our sole discretion, to determine the appropriate verification level for any user, as well as the right to downgrade users without notice. We may, from time to time, implement policies restricting verification levels by nationality country of residence, or any other factor. This may affect your right to use or purchase KSC and KRC or withdraw KSC and KRC in your Account, and you indemnify KStarLive Inc. against any losses associated with an inability to purchase or withdraw KSC based on your verification level. The company reverses all rights in termination of accounts for illegal or inappropriate actions detected and is not responsible for any KSC and/or KRC corresponding with the terminated account.

 

Privacy Policy; User Participation Guide

Please refer to our Privacy Policy for information about how we collect, use and share information about you.


Registration, Account and Communication Preferences

To participate in the KStarLive platform and use/purchase KSC and KRC, you will need to register for a KStarLive Account on the Site ("Account"). By creating an Account, you agree to (a) provide accurate, current, and complete Account information about yourself, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide

to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site, the KSC, or your Account. KStarLive Inc. will block multiple accounts of the same user. In the case that your account is breached by a third party, the company is not responsible for any damages or loss in KSC and/or KRC.


You acknowledge and agree that to ensure the safety of the users' accounts, to counteract money laundering and to enforce is internal security policy KStarLive Inc. by default shall use internal controls and programs for such control to be maintained. KStarLIve Inc., through these programs and controls, shall collect and store information about the users and their transactions, including personal information about you, provided to us upon registration of your Account or requested by KStarLive Inc. upon transactions effected, as well as indirect information, including IP-addresses, information about the operating system used, software configuration, and other information collected with the use of "cookies" technology to create statistical reports.

KStarLive Inc. may require identification information in case of any suspicious activity that may be indicative of illegal activity. Identification of bank accounts may also be required. You accept and agree that in cases where KStarLive Inc. has valid reasons to believe that your Account is used for money laundering, any other illegal activity, inappropriate actions or that you have concealed or reported false identification information and other details, and also if there is a valid reason to believe that the transactions effected via your Account were effected in breach of this Agreement; KStarLive shall be entitled to require you to provide any additional information and documents to clarify the circumstances and reverses the right to terminate the account. Transactions may be frozen until the documents are reviewed by KStarLive Inc. and accepted as satisfying the requirements of the legislation for counteracting laundering of incomes from criminal activities and financing or terrorism.

KStarLive Inc. can request from you any additional identifying information and support documents at any time at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. In this case, if you do provide incomplete or false information and documents, KStarLive Inc. shall be free to unilaterally refuse to provide its services to you.

By creating an Account, you also consent to receive electronic communications from KStarLive Inc. (e.g., via email or by posting notices to the Site). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you.


License to Access and Use Our Site and Content

Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the KSC and KRC logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of KStarLive Inc. or our affiliates, licensors or users, as applicable, and are protected by the international copyright laws and foreign intellectual property and related laws, rules and regulations.


You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Site and Content. However, such license is subject to this Agreement and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, and (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in this Agreement shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of KStarLive Inc. or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.


Notwithstanding anything to the contrary in this Agreement, the Site and Content may include software components provided by KStarLive Inc. or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.


Trademarks

The KSC and KRC logo and any KStarLive Inc. product or service names, logos or slogans that may appear on the Site are trademarks of KStarLive Inc. or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta-tags or other "hidden text" utilizing "KSC” or “KRC” or any other name, trademark or product or service name of KStarLive Inc. or our affiliates without our prior written permission. In addition, the look and feel of the Site, including, without limitation,all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of KStarLive Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. When participating and using the site, users agree to not infringe upon other copyrights and licensees not belonging to KStarLive Inc., and agree that the company many terminate or not distribute KSC and/or KRC for use of unauthorized contents. KStarLive is not responsible for the users use of unauthorized contents on the platform and may remove and/or terminate the content or account at the company’s discretion. Moreover, reference to any products, services, processes or other information by name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by KStarLive Inc. may be removed.

Hyperlinks


You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray KStarLive Inc or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the KSC and KRC logo or any other proprietary graphic of KStarLive Inc. to link to the Site or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any KStarLive Inc. trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent. KStarLive Inc. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site or of websites linking to the Site ("Third Party Sites and/or Services"). Such Third Party Sites and/or Services are not under our control, and we are not responsible for the contents of any Third Party Sites and/or Services, any link contained in Third Party Sites and/or Services, or any review, changes or updates to such Third Party Sites and/or Services. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave our Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Sites and/or Services to which you navigate from our Site.

Third Party Content


We may display content from third parties through the Site and Contents (collectively, "Third Party Content"). We do not control, endorse, or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. The company is not responsible for the use of unauthorized contents from third parties. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that KStarLive Inc. is not responsible or liable in any manner for such interactions or Third Party Content.

User Conduct


You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site or using KSC and KRC. You agree that you will abide by this Agreement and will not:


- Provide false or misleading information to KStarLive Inc.;

- Use or attempt to use another user's account without authorization from such user and KStarLive Inc.;

- Use the Site, KSC and/or KRC in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or KSC and KRC, or that could damage, disable, overburden or impair the functioning of the Site or KSC and KRC in any manner;

- Develop, utilize, or disseminate any software, or interact with our API in any manner, that could damage, harm, or impair the Site or KSC;

- Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site;

- Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Site or KSC that you are not authorized to access;

- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, KSC, KRC, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;

- Use data collected from our Site and KSC/KRC to contact individuals, companies, or other persons or entities;

- Use data collected from our Site and KSC for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct marketing);

- Bypass or ignore instructions that control all automated access to the Site or KSC or KRC

- Use the Site or KSC, KRC for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.

- Use the Ethereum Platform or any other blockchain platform involved in the KStarLive platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the   performance of the Ethereum and any other blockchain Platform, the KSC and KRC.

You represent and warrant that (a) you are the rightful owner and entitled to use all KSC and KRC used or purchased by you; (b) your purchase of KSC does not violate the rights of any third party or applicable law; and (c) the currency used to buy KSC corresponds     to your actual assets and arrives from legal sources.

- Violate other third party intellectual property by using unauthorized contents from third parties

- Agree that, at the discretion of the company, any illegal and/or inappropriate actions may result in termination of the account and all contents, KSC, KRC that correspond with the account. The company is not liable nor responsible for any loss in value or damages inflicted on third parties rights and property.


Feedback

You can submit questions, comments, suggestions, ideas, original or creative materials or other information about KStarLive, the. You agree that submission of Feedback is at your own risk and that KStarLive has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant KStarLive a fully paid, royalty-free, perpetual, irrevocable, worldwide, non- exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights in connection with the operation and maintenance of the Site, KSC and KRC.


Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless KStarLive, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the "KStarLive Parties"), from and against all actual or alleged KStarLive party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or not-matured, suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Content or KSC and KRC, (b) any Feedback you provide, (c) your violation of this Agreement, and (d) your violation of the rights of another. You agree to promptly notify KStarLive of any third party Claims and cooperate with the KStarLive Inc. Parties in defending such Claims. You further agree that the KStarLive Inc. Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and KStarLive.


Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY KSTARLIVE INC., THE SITE CONTENT CONTAINED THEREIN, AND KSC ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. KSTARLIVE INC. DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AS TO THE SITE, CONTENT CONTAINED  THEREIN AND KSC.

KSTARLIVE INC. DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE KSTARLIVE INC. ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE, CONTENT AND KSC SAFE, KSTARLIVE INC. CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, KSC OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.


WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF KSC, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR KSC AND KRC. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH MAY NOT OTHERWISE BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

KSC AND KRC ARE INTANGIBLE DIGITAL ASSETS. KSC and KRC EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE CORRESPONDING BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY KSC AND KRC OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE CORRESPONDING BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT KSTARLIVE INC. OR ANY KSTARLIVE INC. PARTY CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY KSC AND KRC.


KStarLive is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (note, wallet, and contract) blockchains or any other features of KSC and KRC. KStarLive is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with KSC including forks, technical node issues or any other issues having fund losses as a result.


Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

KSTARLIVE MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD PARTY CONTENT OR THIRD PARTY SITES AND/OR SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL KSTARLIVE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY CONTENT OR THIRD PARTY SITES AND/OR SERVICES OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE THIRD PARTY CONTENT OR THIRD PARTY SITES AND/OR SERVICES THAT GIVE RISE TO ANY CLAIM.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site or Content (or any features or functionality of the Site) at any time without notice and without obligation or liability to you.

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.


Assumption of Risk

You accept and acknowledge

- User and Purchasers of KSC and KRC should expect prices to have large range fluctuations. The information published on the Site cannot guarantee that participants will not lose money.

- You are solely responsible for determining what, if any, taxes apply to your KSC and KRC transactions. Neither KStarLive nor any other KStarLive Party is responsible for determining the taxes that apply to KSC and KRC transactions.

- Our Site does not store, send, or receive KSC AND/OR KRC. This is because the KSC AND KRC exist only by virtue of the ownership record maintained in the corresponding blockchain Platform. Any transfer of KSC and KRC occurs within the corresponding blockchain Platform and not on this Site.

- There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that KStarLive Inc. will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the KSC and KRC, however caused.

- A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the ecosystem and therefore the potential utility of KSC and KRC.

- As a result of the open source structure of the ecosystem protocol, the ecosystem may be susceptible to developments by users or contributors that could damage the ecosystem and affect the use of the ecosystem of KSC and KRC.

- The ecosystem will rely on third-party platforms such as the Apple App Store and the Google Play Store to distribute the applications through which users will access the ecosystem. If the ecosystem is unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if the ecosystem providers violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the ecosystem and KSC and KRC will suffer.

- Upgrades by Ethereum to the Ethereum Platform, a hard fork in the Ethereum Platform, or a change in how transactions are confirmed on the Ethereum Platform may have unintended, adverse effects on all blockchains using the ERC-20 standard, including our ecosystem.

- The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of our ecosystem and the utility of KSC.

- The prices of blockchain assets are extremely volatile. Fluctuations in the price of Ethereum or other digital assets could materially and adversely affect the KSC, which may also be subject to significant price volatility.

Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KSTARLIVE INC. OR ANY OF THE OTHER KSTARLIVE INC. PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE, CONTENT OR

KSC OR OTHERWISE RELATED TO THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM KSTARLIVE INC., OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KSTARLIVE INC. RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).


Modifications to the Site and KSC

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or suspend or discontinue issuance of KSC at any time and without liability therefor.


Modification

Notwithstanding any provision in this Agreement to the contrary, we agree that if KStarLive Inc. makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to KStarLive.


Governing Law

This Agreement, your access to and use of the Site, Services, Content, and your purchase and use of the KSC shall be governed by and construed and enforced in accordance with the applicable laws.

Termination. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and Content, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.


Severability

If any term, clause or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this Agreement.


Miscellaneous

This Agreement constitutes the entire agreement between you and KStarLive relating to your access to and use of the Site, Content, and your purchase and use of the KSC. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of KStarLive, and failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.


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