Services (as defined below) rendered by KEEN Wallet are subjected to these Terms of Service with exclusion of any other terms and conditions stipulated or referred to by you, the Customer. You acknowledge that you are aware of the contents of and agree to be bound by these Terms of Service. Any new features, upgrades, variations or new packages which are added to the current Service shall also be subject to these Terms of Service. KEEN Wallet reserves the to right at its absolute and sole discretion to vary, modify, delete, update or suspend these Terms of Service (or any part thereof) without prior notice to you. As such, you understand and acknowledge that it is your duty to review these Terms of Service on a regular basis.
Should you breach any of these Terms of Service, KEEN Wallet shall have the exclusive sole and absolute right to terminate, discontinue or withdraw the provision of the Service to you. In the event of a breach by you, KEEN Wallet reserves its right to pursue any remedy or relief in so far as permitted by law, which includes but is not limited to injunction, damages and/or specific performance.
The Services are provided by DTRIUMPH INC, located at 701, Yeongdong-daero, Gangnam-gu, Seoul, South Korea.
Description of the Service
YOU AGREE not to use the Service to:
YOU ACKNOWLEDGE that KEEN Wallet may or may not screen or pre-screen Content, but that KEEN Wallet and its designees shall have the right (but not the obligation) in their sole discretion to screen, pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, KEEN Wallet and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by KEEN Wallet or submitted to KEEN Wallet in all other parts of the Service.
YOU ACKNOWLEDGE, consent and agree that KEEN Wallet may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
YOU UNDERSTAND that the technical processing and transmission of the Service, including your Content, may involve:
YOU UNDERSTAND that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by KEEN Wallet and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Payment and Acceptance of Service
Modifications and Termination of Service
Registered names and trademarks are the copyright and property of their respective owners. All items are the sole property of their respective owners.
General Power-Leveling Disclaimer
General Power-Leveling Terms of Service
Welcome to KEEN Wallet!
Thanks for using our products and services (“Services”). Please read these Terms of Service ("Agreement" or “Terms”) carefully before using KEEN Wallet Marketplace, KEEN Wallet , KEEN Wallet’s websites, mobile apps, games, products, and any related services (collectively with KEEN Wallet Marketplace and KEEN Wallet , the “Services”) offered by IJJI, INC. (doing business as "KEEN Wallet").
This is a legally binding agreement, and you should read it carefully. By installing, using, or otherwise accessing our Services, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, or contributors of content, information and other materials or services.
1. Use of Services
KEEN Wallet Marketplace
KEEN Wallet Marketplace, or “Marketplace”, acts as a venue to allow users who comply with KEEN Wallet's policies to offer, sell and buy certain goods. KEEN Wallet is not directly involved in the transaction between buyers and sellers. As a result, KEEN Wallet has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. KEEN Wallet does not pre-screen users (except for services that require an application) or the content or information provided by users. KEEN Wallet cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, KEEN Wallet does not transfer legal ownership of items from the seller to the buyer. KEEN Wallet cannot guarantee the true identity, age, and nationality of a user. KEEN Wallet encourages you to communicate directly with potential transaction partners through the tools available on the App.
You agree that KEEN Wallet Marketplace is a venue and as such KEEN Wallet is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on KEEN Wallet Marketplace. You use KEEN Wallet Marketplace at your own risk.
KEEN Wallet , or “”, provides access to games, including online games, browser games, mobile games, social media games, and any other digital offers of games or interactive entertainment for any end devices (e.g., PCs, smartphones, tablets, connected devices such as streaming or set-top boxes and smart TVs) and/or online platforms (e.g., social networks), developed and/or published by KEEN Wallet through KEEN Wallet ' webpages or services provided by third-parties, such as app stores and social networks for games (the "Games").
Subject to your compliance with these Terms, KEEN Wallet grants you a limited, nonexclusive, non-sublicensable and non-transferable right to use the following: (a) the portions of the Games that are freely accessible, and (b) such other portions of the Games accessible on a “for-payment” basis, provided that you have paid the applicable fees. The license in the preceding sentence is (i) solely for your personal, non-commercial use and (ii) subject to your compliance at all times with these Terms.
You shall not use any part of the Games for any purpose other than as explicitly in these Terms. You shall not use the Games if you have previously been (x) removed from using any part of the Services by KEEN Wallet or (y) banned from playing any of the Games. You shall not, under any circumstances, access or attempt to access the source code of any of the Games.
You understand that, for reasons that include, without limitation, system security and stability, the Games may require automatic updates, pre-loads, creation of new versions or other enhancements and, accordingly, the system requirements to use or access the Games may change over time. These Terms do not entitle you to future updates, new versions or other enhancements, although KEEN Wallet may choose to provide such updates, new versions or other enhancements in its sole discretion.
2. Account and Membership Eligibility
The Services are intended for, and may only be used by: (a) individuals who are 18 years and older who can form legally binding contracts under applicable law, and (b) individuals who are between the ages of 13 and 18 who use the Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. In all events and under all circumstances, the Services shall NOT be used by individuals who are under 13 years old.
Further to clause (b) above, if you are the parent or legal guardian, you are responsible for any and all activities conducted on your account. As examples, and without limiting the foregoing sentence, the parent or legal guardian must approve all transactions in connection with the KEEN Wallet Marketplace and KEEN Wallet , and all payment information must belong to the parent or legal guardian responsible for the account.
By using the Services, you represent and warrant that you meet the above criteria, and that all registration information you submit is accurate and truthful. KEEN Wallet may verify the age of the account owner. As a part of the verification process, KEEN Wallet may require the account owner to provide additional identification information, including, without limitation, a copy of a valid driver's license (or other form of government issued identification).
KEEN Wallet may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity, or change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is hereby denied in such jurisdictions.
In addition, some services offered by KEEN Wallet may be subject to additional terms and conditions promulgated by KEEN Wallet from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep your login information secure, including username, password, and Two-Factor Recovery codes, if applicable. You are responsible for the confidentiality of your login information and for the security of your computer system or mobile device, and you are fully responsible for all activity, liability, use, fraudulent use, and damage resulting from your failure to maintain login information confidentiality.
You agree to immediately notify KEEN Wallet of any unauthorized use of your Account or any breach of security. You also agree that KEEN Wallet cannot and will not be liable for any loss or damage arising from your failure to keep your login information secure. You agree not to reveal, share or otherwise allow others to use your login information.
You may not transfer or sell your Account to another party. You are responsible for all activity of your account. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
KEEN Wallet's services are not available to temporarily or indefinitely suspended KEEN Wallet members. KEEN Wallet reserves the right, in KEEN Wallet's sole discretion, to cancel unconfirmed or inactive accounts. KEEN Wallet reserves the right to refuse service to anyone, for any reason, at any time.
Suspension and Termination of Account and Services
Without limiting any other remedies, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account, information, persona, rankings, benefits, virtual items, in-game purchases, subscription, or other losses. We are not and will not be held responsible for any such losses, and are under no obligation to compensate you therefor.
We reserve the right to stop offering and/or supporting our Services or any portion thereof, including but not limited to any particular service, product, or game, at any time for any reason. If this does occur, your license to access or use the applicable Services will automatically terminate. We reserve the right to terminate any Account that has been inactive for 180 days or more. We are not required to notify you in advance of any of these actions, or to provide you with any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services, or terminated Accounts, or any losses resulting therefrom.
You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform KEEN Wallet that you wish to close your Account by opening a support ticket requesting that your Account be closed. You understand that if you close your Account, you may no longer have access to information previously associated with your Account (including, without limitation, your game progress and any virtual items associated with your Account).
3. Fees and Purchases
Creating an Account is free. KEEN Wallet may charge fees for services or items sold via the Services. You are solely responsible for any additional costs you incur when making purchases or accessing the Services, including but not limited to payment processing, messaging, communication or data usage fees on an Internet provider’s or mobile network.
When you provide payment information to KEEN Wallet or to one of its payment processors, you represent and warrant that you are the authorized user of such information, including, without limitation, the credit card, PIN, key, or associated account, and you authorize KEEN Wallet and the payment processors to charge you for your purchases, subscriptions, or any other fees incurred by you.
KEEN Wallet, in its sole discretion, may inspect and verify (i) details related to the listing sold on Marketplace, (ii) the buyer of the Marketplace listing, and (iii) the seller of the Marketplace listing. As a part of the verification process, KEEN Wallet may require the buyer or seller to provide additional identification information, including, without limitation, a copy of a valid driver's license (or other form of government issued identification) prior to or during the transaction. Users may also be asked to go through additional security procedures and share additional information to confirm their identity. KEEN Wallet reserves the right to reject any item that we believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have come from an unauthorized or illegal source, (iii) be related to any illegal activity or (iv) otherwise pose a financial risk to us or our users.
You agree and acknowledge that payment processing services are provided by third parties (the "Payment Processors"), including but not limited to PayPal Holdings, Inc., and are subject to the respective service agreements (collectively, the "Payment Services Agreement"). By using the Services, you agree to be bound by the terms in this section and the Payment Services Agreement, as the same may be modified by us or by the Payment Processors from time to time. As a condition of selling, you agree to provide KEEN Wallet accurate and complete information about you and your business (if applicable), and you authorize KEEN Wallet to share, in accordance with the Payment Services Agreement, such information and applicable transaction information related to your use of the payment processing services provided by the Payment Processors.
Fees and Billing on KEEN Wallet Markpetlace
When you list an item on KEEN Wallet Marketplace, you have an opportunity to review and accept the fees that you will be charged. You are responsible for paying all fees and applicable taxes associated with using KEEN Wallet.
If KEEN Wallet terminates a listing or your account, if you close your account, or if the payment of your KEEN Wallet fees cannot be completed for any reason, you remain obligated to pay KEEN Wallet for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
Purchases in Connection with KEEN Wallet
Generally, some features of the Games are made available to you for free, and some against the payment of relevant fees.
Any time you purchase Virtual Items (as defined below) through our Services, KEEN Wallet grants you a limited, personal, non-transferable (unless transfers are explicitly allowed for the applicable Virtual Items), non-sublicensable (unless sublicensing is explicitly allowed for the applicable Virtual Items), revocable license to use such Virtual Items solely in connection with the relevant part of the Services. All purchases of Virtual Items are final and non-refundable, unless otherwise determined by us in our sole discretion. KEEN Wallet may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice to you. KEEN Wallet will have no liability to you or any third party in the event that KEEN Wallet exercises any such rights.
"Virtual Items" include Virtual Currency and Virtual Goods. "Virtual Currency" includes virtual currency, such as coins, points or similar items that may be earned or obtained through the Services or otherwise purchased by you for legal tender or actual currency, subject to applicable law. "Virtual Goods" include virtual digital items, such as commodities, abilities or other goods that may be earned or obtained through the Services or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law.
Virtual Items have no real world value. Other than as expressly authorized in our Services, you may not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to KEEN Wallet, another user or any third party.
4. Listing, Selling, and Buying on Marketplace
All listings on KEEN Wallet Marketplace must be for sale. By listing an item, you warrant that you and all aspects of the item comply with KEEN Wallet's policies. You also warrant that you have the full rights to sell the item, and that such selling will not violate any legal or contractual obligations to which you may be subject . You must accurately describe your item and all terms of sale in your Marketplace shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order, transfer the item, or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing physical items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding KEEN Wallet transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to KEEN Wallet and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "User Content" or “Your Content”) that you submit, post, and display on KEEN Wallet.
Your Content and your use of KEEN Wallet shall not:
As stated above, Your Content and your use of KEEN Wallet shall not infringe upon any third-party's intellectual property rights. KEEN Wallet respects the intellectual property of others and asks that users of our Services do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 SOUTH KOREAC. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 SOUTH KOREAC. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The contact information for the Copyright Agent for KEEN Wallet is as follows:
Attn.: KEEN Wallet Agent
11th Floor, 701 Yeongdong-daero, Gangnam-gu, Seoul, Republic of Korea
Email: [email protected]
By posting Your Content on KEEN Wallet, it is possible for an outside web site or a third party to re-post that Content. You agree to hold KEEN Wallet harmless for any dispute concerning this use. If you choose to display your own KEEN Wallet-hosted image on another web site, the image must provide a link back to its listing page on KEEN Wallet.
KEEN Wallet considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Service, mobile applications, or otherwise (other than the Content and the tangible items sold via the Service by users) (collectively, the "Material") to be non-confidential and non-proprietary, and KEEN Wallet shall not be liable for the disclosure or use of such Material. If, at KEEN Wallet's request, any member sends Material to improve the Service (for example through the Forums or to customer support), KEEN Wallet will also consider that Material to be non-confidential and non-proprietary and KEEN Wallet will not be liable for use or disclosure of the Material. Any communication by you to KEEN Wallet is subject to this Agreement. You hereby grant and agree to grant KEEN Wallet, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
KEEN Wallet does not control the User Content provided by users that is made available on the Services. You may find some User Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using the Services, you agree to accept such risks and that KEEN Wallet (and KEEN Wallet's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users of the Services. Please use caution, common sense, and practice safe buying and selling when using the Services.
8. Other Resources
KEEN Wallet is not responsible for the availability of outside web sites or resources linked to or referenced on the Service. KEEN Wallet does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that KEEN Wallet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
9. Resolution of Disputes and Release
Disputes with KEEN Wallet
In the event a dispute arises between you and KEEN Wallet, please contact KEEN Wallet. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Clara County, California, SOUTH KOREAA., using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California, SOUTH KOREAA. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and KEEN Wallet agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties
In the event a dispute arises between you and another user or a third party, KEEN Wallet encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller on Marketplace are unable to resolve a dispute resulting from a transaction that occurs on KEEN Wallet, please contact KEEN Wallet, and we may provide our dispute resolution process for the benefit of users. KEEN Wallet does so in KEEN Wallet's sole discretion, and KEEN Wallet has no obligation to resolve disputes between users or between users and outside parties. To the extent that KEEN Wallet attempts to resolve a dispute, KEEN Wallet will do so in good faith based solely on KEEN Wallet's policies. KEEN Wallet will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release KEEN Wallet (and KEEN Wallet's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
10. KEEN Wallet's Intellectual Property
All rights, title and interest in and to the Services (including the related software and media), the design of the Services and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (collectively, “KEEN Wallet Property”) are owned by or licensed to KEEN Wallet, subject to copyright and other intellectual property rights under SOUTH KOREA and/other countries' laws and international conventions. Except as expressly provided in the Terms, KEEN Wallet does not grant any express or implied rights to use KEEN Wallet Property.
You are hereby granted a limited, nonexclusive, non-sublicensable and non-transferable license to access and use the KEEN Wallet Property only in connection with the usage of the Services in accordance with these Terms. Any use of KEEN Wallet Property other than as specifically authorized in the Terms is prohibited and will terminate the license to use the Services. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Services and you further acknowledge and agree that all rights in and to the Account and any related content (including Virtual Items whether earned or purchased) in the Services are and shall be the property of and owned by KEEN Wallet or its licensors. You agree not to move or amend any proprietary notices or other ownership information from the product, website, app, games or any other part of the Services.
11. Access and Interference
Much of the information on KEEN Wallet is updated on a real-time basis and is proprietary or is licensed to KEEN Wallet by KEEN Wallet's users or third-parties. You agree that you will not:
Without limiting any other remedies, KEEN Wallet may, without notice, and without refunding any fees, delay or immediately remove User Content, warn KEEN Wallet's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Services, and take technical and legal steps to keep a user off the Services and refuse to provide services to a user if any of the following apply:
KEEN Wallet suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; KEEN Wallet is unable to verify or authenticate any of your personal information or User Content; or KEEN Wallet believes that a user is acting inconsistently with the letter or spirit of KEEN Wallet's policies, has engaged in improper or fraudulent activity in connection with KEEN Wallet or the actions may cause legal liability or financial loss to KEEN Wallet's users or to KEEN Wallet.
KEEN Wallet reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on KEEN Wallet.
13. No Warranty
KEEN WALLET, KEEN WALLET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND KEEN WALLET'S LICENSORS AND SUPPLIERS PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KEEN WALLET, KEEN WALLET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND KEEN WALLET'S LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KEEN WALLET SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. Liability Limit
IN NO EVENT SHALL KEEN WALLET, AND (AS APPLICABLE) KEEN WALLET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR KEEN WALLET'S LICENSORS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
KEEN WALLET'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF KEEN WALLET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO KEEN WALLET IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD KEEN WALLET AND (AS APPLICABLE) KEEN WALLET'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR RIGHTS OF A THIRD PARTY.
16. No Guarantee
KEEN Wallet does not guarantee continuous, uninterrupted access to the Service, and operation of the Service may be interfered with by numerous factors outside KEEN Wallet's control.
17. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on KEEN Wallet's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. No Agencybr> You and KEEN Wallet are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. KEEN Wallet Service
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, SOUTH KOREAA., excluding its conflicts of laws rules.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 9 (Resolution of Dispute and Release), 10 (KEEN Wallet's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.