1. USER CONDUCT POLICY
Whether you have enrolled for a Program or simply browsing the Platform, once you have accessed the Platform or Programs, you shall be considered a 'user' for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Platform and Programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform. Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, Kyuriocity shall not be liable for any loss in data or if the user's device, computer or any other property is compromised in any manner. You acknowledge and agree that Kyuriocity has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you. During your use of the Platform and Programs, you will not:
- harass other users, students, attendees, support agents or visitors; - cheat on any homework assignment or exams for the Program; - will not post online any secured testing materials; - will not share solutions to homework assignments or exams; - will notify the instructors immediately if you become aware of any other user cheating or breaching these Terms, and will comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Program in which such user is enrolled.
2. USER ACCOUNTS, USER REGISTRATION AND DELIVERY OF SERVICES
3. PAYMENT TERMS & REFUND POLICY
Unless otherwise expressly agreed in writing by Kyuriocity, full payment for participation in a Program is required at the time of registration. In case of Programs that include a trial window, such trial window shall be made available only after full payment. During the trial window, upon a request of the Student, and to the satisfaction of Kyuriocity, Kyuriocity may choose to refund the Program Fees paid, subject to such charges as may be decided from time to time. Once the trial window has concluded, there will be no refund allowed for any reason whatsoever. It is the sole responsibility of the user enrolling for a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment to a Program is non-transferable. To make payment for any Program or to purchase any services or products offered by Kyuriocity through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"). Kyuriocity does not store any of your credit card information or such other information restricted by RBI for processing payment, and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such payment provider. You agree that in case Kyuriocity's third-party payment provider stores any such information, Kyuriocity will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to usage of such information will be solely a loss incurred by you, and Kyuriocity is in no ways liable for any such losses, and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform. Failure to pay may result in withdrawal of your access to a Program. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Kyuriocity does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide us at the time of enrollment/purchase. You may cancel your enrolment at any time. No refund will be made once payment (in part or whole) for a Program has been made. We do not provide refunds for lack of usage or dissatisfaction. If you have subscribed for a free trial, the free trial period will last for the period of time specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, you may be ineligible for certain features of a product or service during your free trial period.
4. USE OF PROGRAMS
Kyuriocity reserves the right to cancel or reschedule any Program or live lectures/webinars, or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. You also understand that Kyuriocity, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all Kyuriocity-provided services related to the Programs, such as access to Kyuriocity coaches or support services, evaluation services, or certifications. You also understand that Kyuriocity may modify or discontinue all services related to its Programs at its sole discretion. You agree that Kyuriocity shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Kyuriocity to maintain and support the Platform or Programs or any part or portion thereof or any associated services. If you no longer wish to use any Program, you may terminate your participation by giving notice to Kyuriocity. Nothing in these Terms shall be construed to obligate Kyuriocity to maintain and support the Platforms, Programs or any part or portion thereof. Participants of Kyuriocity online live lectures and webinars shall be provided access to such classes via email. You agree not to share such access with any third party. If you are unable to attend an online live lecture/webinar, please provide Kyuriocity with prior intimation. You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform and shall be responsible for all charges incurred in connection with use of the Platform and Program in connection with all such equipment and ancillary services.
5. EDUCATIONAL PARTNERS & ACCREDITATION
Kyuriocity is NOT a University, but an education service provider, offering Programs in consultation with Indian and International universities, educational institutions, governmental authorities, NGO's, corporates etc. (each an "Educational Partner"). Admission to the degree/diploma programs of an Educational Partner is separate from being accepted into and/or taking one or more Programs. You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program (a) enrolls or registers you in an Educational Partner, or any other school, division, institute or program of or associated with an Educational Partner, (b) allows you to access or use the resources or receive any benefits or privileges of any Educational Partner, beyond the Programs. Kyuriocity may offer a credential or other acknowledgment for participants who have satisfactorily demonstrated mastery of the Program material. The decision to award any such credential acknowledgment to a given participant will be solely within the discretion of Kyuriocity. Kyuriocity may choose not to offer any credential or other acknowledgment for some Programs. It may decide at its sole discretion whether to provide a record concerning a participant's performance in a Program. The format of any credential or other acknowledgement, and of any performance, provided by Kyuriocity relating to Programs will be determined by Kyuriocity in its sole discretion and may vary from Program to Program. You may be awarded a certificate of accomplishment upon successful completion of a Program ("Program Certificate"), at the discretion of Kyuriocity and its Educational Partners, and you acknowledge that any such Program Certificate awarded may not be affiliated with any Educational Partner, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner. You will not receive academic credit from Kyuriocity or any other Educational Partner for taking a Program. If you are taking a Program for academic credit or certification as a student of, or otherwise through, an Educational Partner, any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, Kyuriocity will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for a Program. You acknowledge and agree that any Program affiliated with an Educational Partner may be subject to terms, policies and procedures of the applicable Educational Partner in addition to Kyuriocity's Terms. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking a Program for credit or certification through that Educational Partner, you acknowledge and agree that (a) the Educational Partner may have its own terms, policies or procedures regarding your eligibility to participate in the Program, your participation in the Program, the requirements or prerequisites for receiving credit or certification for the Program, and/or your educational or student records as they may relate to your participation and performance in the Program, and (b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not Kyuriocity.
6. KYURIOCITY'S INTELLECTUAL PROPERTY RIGHTS
"Content" means any and all information and data which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials. The Platform, Programs and related services are owned and operated by Kyuriocity and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to on-line/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively "Kyuriocity Content"), are the property of Kyuriocity and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under India and foreign law. All software used on the Platform is the property of Kyuriocity and is protected by Indian and international copyright laws. Kyuriocity logos, trademarks and service marks which may appear on the Platform and in the Program ("Kyuriocity Marks"), are the property of Kyuriocity and are protected under Indian and foreign laws. All other trademarks, service marks and logos used on the Platforms, Online Courses or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Kyuriocity. As a condition of accessing the Platforms and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Kyuriocity Content or any portion thereof, other than as expressly allowed under these Terms; (b) use the Kyuriocity Marks or the name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorized purpose. Please verify all Content prior to use. In the event you come across any Content which is incorrect, infringing, offensive, indecent or objectionable, please notify us immediately at address mentioned at the bottom of this page. Additionally, from time to time, Kyuriocity (or its third-party service providers on behalf of Kyuriocity) may request users to review Kyuriocity Content or beta test the Platform. The works derived from such activity shall remain the sole and exclusive property of Kyuriocity or its third-party service providers, as applicable.
7. THIRD PARTY INTELLECTUAL PROPERTY
Kyuriocity respects third party intellectual property rights and actively supports protection of all third party intellectual property including copyrights and trademarks ("IP"). It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity. Kyuriocity shall not be held liable for the unauthorized use of any third-party IP, and the user that carries out such unauthorized use, or infringes any IP available on the Platform shall fully indemnify and hold Kyuriocity harmless against any and all claims that may arise as a result of such use. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information: - an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest; - a description of the product, work or other intellectual property that you claim has been misrepresented or infringed; - a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Platform/ Program; - your address, telephone number, and email address; - a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner's behalf. For notices of disputes or claims of copyright or other intellectual property infringement, please connect with us at the address provided at the bottom of this page.
8. LIMITED LICENSE
The services on the Platform are licensed, not sold. In consideration for your agreement to these Terms, Kyuriocity grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform and Programs, solely in accordance with the Terms. You may download or copy the portions of the Kyuriocity Content available on the Platform, for your own non-commercial and personal use only, provided that you maintain all copyright and other notices contained in such Kyuriocity Content. You may not copy, sell, re-sell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms, Programs or any Kyuriocity Content. You may not reverse-engineer, decompile, disassemble or otherwise code for any software that may be used to operate the Platform or the Programs. Notwithstanding the foregoing, certain reference documents, digital textbooks and articles may be made available to you with the permission of third parties, and use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform or the Programs. From time to time, Kyuriocity may include software, code, instructions, or other such information in the Kyuriocity Content for the Programs; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the 'Disclaimer' and 'Limitation of Liability' sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Kyuriocity and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platforms, Kyuriocity Content, and Kyuriocity Marks. Without limiting the generality of the terms above, the following are types of uses that Kyuriocity expressly defines as falling outside of the definition of "non-commercial and personal use ": - the sale or rental of (i) any part of the Kyuriocity Content, (ii) any derivative works based at least in part on the Kyuriocity Content, or (iii) any collective work that includes any part of the Kyuriocity Content; - the sale of access or a link to any part of the Kyuriocity Content; - providing training, support, or editorial services that use or reference the Kyuriocity Content in exchange for a fee; - the use of Kyuriocity Content by a college, university, school, or other educational institution for instruction where tuition is charged; - the use of Kyuriocity Content by a for-profit corporation or non-profit entity for internal professional development or training; - the use of Kyuriocity Content for display/ upload/ making available at a place that is accessible to general public in any manner, including but not limited to any social media sites, video download sites, torrents.
9. USER CONTENT
The Platform may provide you with the ability to upload forum posts, chat with other users and Kyuriocity's counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects etc. (collectively, "User Content"). Kyuriocity does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to Kyuriocity above, the user will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to Kyuriocity, you hereby grant Kyuriocity an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Kyuriocity reserves the right to remove any User Content at any time and for any reason. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Kyuriocity to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Kyuriocity, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices. Kyuriocity does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances Kyuriocity be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all laws applicable to the User Content. You are prohibited from posting the following Content on the Platform: - Content that is fraudulent, indecent, or libelous or defames, harasses, discriminates against, harms or threatens others; - Content that discusses illegal activities, with the intent to commit them; - Content that infringes or misappropriates patent, trademark, trade secret, right of publicity, or other intellectual property rights of third parties; - Content that you do not have the right to disclose; - Profane, pornographic, obscene, indecent or unlawful Content; - Advertising or any form of commercial solicitation; - Content related to partisan political activities; - Content that contains intentionally inaccurate information or that is posted with the intent of misleading others; - viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; - that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts); - that violates the rights of other users of the Platform; - that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
10. PLATFORM SECURITY
You are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of Kyuriocity, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Kyuriocity will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Kyuriocity on the Platform and other than generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).
The Platform and/or Programs may contain typographical errors or inaccuracies and may not be complete or current. Kyuriocity therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. The Platform, Programs, and any information or Kyuriocity Content are provided "as is" and "as available" basis with all faults. Kyuriocity makes no representations or warranties of any kind, whether express or implied, with respect to Kyuriocity Content or services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Kyuriocity makes no warranty that the services will meet the user's requirements or that the services will be uninterrupted, timely, secure, or error free; nor does Kyuriocity make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected. The user understands and agrees that the Kyuriocity Content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the user's own discretion and risk, and that the user will be solely responsible for any damage to the user, the user's computer system, electronic device or any loss of data that results from the download of such material or data. No advice or information, whether oral or written, obtained by the user from Kyuriocity or through or from the services, shall create any warranty by Kyuriocity. In the event you find that the information provided on the Platform or Programs is incorrect, or if you are the owner of any information or content, and wish that such information or content is not displayed on the Platform or Programs, kindly notify us at the address provided at the bottom of the page.
13. LIMITATION OF LIABILITY
Neither Kyuriocity nor any of its Educational Partners, affiliates, employees, directors, officers, agents, vendors or supplier shall be liable to you or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer / electronic device failure, virus or malfunction. In no event will Kyuriocity be liable for any damages in excess of Rupees 100 or, in the case of enrolled students, the fees paid by you in connection with your enrollment to a Program.
14. SITE LINKING
The Platform may contain links to pages on other websites ("Linked Sites"), and those Linked Sites may contain Content or offer products and/or services for sale. Kyuriocity does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. and (c) you agree to the terms and conditions of the Linked Sites We may remove any Linked Sites from the Platform at any time with or without reason. KYURIOCITY WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site. You may not establish a link to this Platform from any other website, application, intranet or extranet site without our prior written consent. If you wish to create links, you may contact us before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of Kyuriocity, including its Educational Partners, respective employees, agents, directors, officers or shareholders.
You agree to indemnify and hold Kyuriocity and its Educational Partners harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of (a) your use or attempted use of the Platforms or Programs in violation of the Terms; (b) your violation of any law or rights of any third party; or (c) information or Content that you or others post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
16. TERMINATION OF RIGHTS
You agree that Kyuriocity, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrollment to a Program with or without reason, including, without limitation, if Kyuriocity believes that you have (a) breached the Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized Content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that Kyuriocity shall not be liable to you nor any third party for any termination of your account or enrollment to a Program. You also acknowledge that Kyuriocity may retain and store your information on Kyuriocity's systems notwithstanding any termination of your account or enrollment to the Programs.
17. MISCELLANEOUS PROVISIONS
By accepting the Terms through your use of the Platform, you certify that you are 18 years of age or older. If you are under the age of 18 or under the legal age in your jurisdiction to enter into a binding contract you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If you are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that you are fully responsible for his or her use of the Platform, including all financial charges and legal liability that he or she may incur. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. The Programs are not for the use of individuals under the age of 18 years. Kyuriocity may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program specific terms without the prior written consent of Kyuriocity. These Terms or any Program specific terms shared with you, shall be governed by, construed and enforced in accordance with the laws of India, as it is applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Kyuriocity, you or any third party to enforce these Terms or any Program specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Mumbai. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Program specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration & Conciliation Act, 1956, as amended ("Act") before a sole arbitrator to be mutually appointed by the disputing parties, failing which, the sole arbitrator shall be appointed in the manner provided in the Act. The proceedings shall be conducted in English and the seat for arbitration shall be Mumbai. If any provision of the Terms or any Program specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Kyuriocity shall have no liability under these Terms or any Program specific terms shared with you, to the extent arising from any failure of Kyuriocity to perform any of its obligations under these Terms or any Program specific terms shared with you, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within Kyuriocity's reasonable control. Kyuriocity shall not be responsible for damage or other problems caused by any unauthorized change to these Terms made by way of hacking or cracking this page. The failure of Kyuriocity to exercise or enforce any right or provision of the Terms or any Program specific terms shared with you, shall not constitute a waiver of such right or provision. If any provision of the Terms or any Program specific terms shared with you, is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any Program specific terms shared with you, shall remain in full force and effect. These Terms or any Program specific terms shared with you, constitute the entire agreement between you and Kyuriocity relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Platforms by Kyuriocity or through a specific writing between you and Kyuriocity. Kyuriocity may freely transfer or assign any portion of its rights or delegate its obligations under the Terms or any Program specific terms shared with you. You may not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the Terms or any Program specific terms shared with you, without the prior written consent of Kyuriocity, and any attempted such transfer or assignment shall be void and of no effect. Any notice or communication which may be required to be given to Kyuriocity under these Terms or any Program specific terms shared with you, may be sent by writing or emailing to the following addresses: