Last updated: November 9, 2017
By accessing or using the Site and/or purchasing KStarCoin, 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 purchase KStarCoin. This Agreement governs your access and use of the Site and your purchase of the KStarCoin.
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 KStarCoin sale in your individual capacity as the prospective beneficial owner of KStarCoin 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 KStarCoin sale if they are domiciled in a jurisdiction which prohibits and restricts such participation, including but not limited to any sanctions program administered in your governments jurisdiction.
The Site is not intended for use by anyone under the age of 18. KStarCoin may not be purchased through the Site by anyone under the age of 18. By using the Site and/or purchasing KStarCoin through this Site, you represent and warrant that you (a) are 18 years of age or older, (b) purchasing KStarCoin 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 application to purchase KStarCoin 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 KStarCoin sale 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 purchase KStarCoin, 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 purchase KStarCoin. If you do not agree to the revised Agreement, you may not access or use the Site or purchase KStarCoin.
For purposes of this Agreement, "KStarCoin" refers to a general purpose cryptocurrency, implemented on the public Ethereum blockchain (the "Ethereum Platform"), and intended for use in everyday digital services. KStarCoin is intended to be used for all transactions within a KStarCoin ecosystem comprised of digital services that participate in the right and opportunity to innovate and compete for compensation in the form of KStarCoin.
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 purchase KStarCoin or withdraw KStarCoin in your Account, and you indemnify KStarLive Inc. against any losses associated with an inability to purchase or withdraw KStarCoin based on your verification level.
Registration, Account and Communication Preferences
To purchase KStarCoin, you will need to register for a KStaLive 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 KStarCoin, or your Account. KStarLive Inc. will block multiple accounts of the same user.
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 or for any other illegal activity, 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. 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 KStarCoin 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.
The KStarCoin 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 "KStarCoin" 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. 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.
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 a KStarCoin 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. 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.
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 KStarCoin. 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 or KStarCoin in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or KStarCoin, or that could damage, disable, overburden or impair the functioning of the Site or KStarCoin 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 KStarCoin;
- 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 KStarCoin 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 and KStarCoin, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
- Use data collected from our Site and KStarCoin to contact individuals, companies, or other persons or entities;
- Use data collected from our Site and KStarCoin 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 KStarCoin; or
- Use the Site or KStarCoin for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
- Use the Ethereum 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 Platform, the KStarCoin.
You represent and warrant that (a) you are the rightful owner and entitled to use all KStarCoin purchased by you; (b) your purchase of KStarCoin does not violate the rights of any third party or applicable law; and (c) the currency used to buy KStarCoin corresponds to your actual assets and arrives from legal sources.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about KStarLive, the Site or the KStarCoin (collectively, "Feedback"). 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 and KStarCoin.
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 KStarCoin, (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.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY KSTARLIVE INC., THE SITE CONTENT CONTAINED THEREIN, AND KSTARCOIN 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 KSTARCOIN.
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 KSTARCOIN SAFE, KSTARLIVE INC. CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, KSTARCOIN 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 KSTARCOIN, 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 KSTARCOIN. 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.
KSTARCOIN IS AN INTANGIBLE DIGITAL ASSET. KSTARCOIN EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY KSTARCOIN OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT KSTARLIVE INC. OR ANY KSTARLIVE INC. PARTY CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY KSTARCOIN.
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 the KStarCoin. KStarLive is not responsible for casualties due to late report by
developers or representatives (or no report at all) of any issues with KStarCoin 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
- Purchasers of KStarCoin 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 KStarCoin transactions. Neither KStarLive nor any other KStarLive Party is responsible for determining the taxes that apply to KStarCoin transactions.
- Our Site does not store, send, or receive KStarCoin. This is because the KStarCoin exist only by virtue of the ownership record maintained in the Ethereum Platform. Any transfer of KStarCoin occurs within the Ethereum 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 KStarCoin, 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 KStarCoin.
- 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 and KStarCoin.
- 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 KStarCoin 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 KStarCoin.
- The prices of blockchain assets are extremely volatile. Fluctuations in the price of Ethereum or other digital assets could materially and adversely affect the KStarCoin, 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
KSTARCOIN 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 KStarCoin
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 KStarCoin at any time and without liability therefor.
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.
This Agreement, your access to and use of the Site, Services, Content, and your purchase and use of the KStarCoin shall be governed by and construed and enforced in accordance with the applicable laws.
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.
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.
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 KStarCoin. 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.