Article 1 (Purpose)

The purpose of these Terms and Conditions is to prescribe the rights, obligations and responsibilities between the "Company" and the "Members" in using the "Service" provided by the "Site" operated by KOONG (hereinafter referred to as "Members").

Article 2 (Definition of Terms)

The terms used in these Terms and Conditions are defined as follows.

1. The term "site" means any form of virtual business establishment for "goods" transactions using information and communication facilities, including the KoongWorld website (https://koong.world) and computers operated by the "company".
2. "Paid service" means a "content" service or product that "members" can use after "paying" a certain amount of money.
3. The term "member" means an individual or corporation that enters into a use contract with the company in accordance with these terms and conditions and uses the services provided by the company.
4. The term "account" means an account created to identify yourself in a service, which is granted to a member who agrees to these terms and conditions and enters into a use contract with the company.

Article 3 (Posting and revising the terms and conditions)

1. The company posts the contents of these terms and conditions on the initial screen of the service so that members can easily know them.
2. The company may amend these terms to the extent that it does not violate related laws such as the "Act on Regulation of Terms," "Act on Information and Communication Network Utilization and Information Protection (hereinafter referred to as the "Privilege Act").
3. When the company revises the terms and conditions, it shall specify the date of application and the reason for the revision and notify it 15 days before the application date to the day before the application date in accordance with the current terms and conditions.
However, in the case of revision of the terms and conditions disadvantageous to members, it is required to be clearly notified through electronic means such as text messages, e-mail within the service for a certain period of time, and login pop-up windows.
4. If the member does not express his/her intention to reject the revised terms and conditions even though the company clearly announced or notified the member that he/she did not express his/her intention within a 15-day period, the member shall be deemed to have agreed to the revised terms and conditions.
5. If the member does not agree to the application of the revised terms and conditions, the company cannot apply the contents of the revised terms and conditions, and in this case, the member may terminate the use contract.
However, if there are special circumstances in which the existing terms and conditions cannot be applied, the company may terminate the use contract.

Article 4 (Criteria other than terms and conditions)

Matters not prescribed in these Terms and Conditions and interpretations of these Terms and Conditions shall be governed by the relevant laws and regulations of Korea or the individual terms and conditions of use, operational policies and rules (hereinafter referred to as "detailed guidelines"). In addition, if these terms and conditions conflict with the contents of the detailed instructions, follow the detailed instructions.

Article 5 (Conclusion of Use Agreement)

1. The use contract is concluded by a person who wants to become a member (hereinafter referred to as the "applicant") agreeing to the contents of the terms and conditions, applying for membership, and the company accepting such an application.
2. In principle, the company agrees to use the service for the application of the applicant.
However, the company may terminate the use contract even after failing to accept or accepting applications falling under any of the following subparagraphs.
① Where an applicant for membership has previously lost his/her membership under these terms and conditions, provided, however, that this shall not apply where he/she has obtained the consent of the company to rejoin the membership
② In the case of falsely stating information or using the name of another person
③ Where approval is impossible due to reasons attributable to members and users or where an application is filed in violation of all other matters prescribed
④ Where there is a risk that the use of this service constitutes or constitutes a violation of the relevant Act in accordance with laws other than the Republic of Korea, which are effective at the member's residence
⑤ Where it is deemed that the service is intended to be used for antisocial or illegal purposes
⑥ Where an applicant for subscription applies for subscription with the same ID without 30 (30) days after applying for withdrawal from the existing service
⑦ Failure to submit essential data and information or false submission
⑧ If for other reasons, it is deemed inappropriate to join the partner company
3. In the application under paragraph (1), the company may request corporate verification and self-certification through the company itself or through a specialized institution.
4. The company may withhold consent if there is no room for service-related facilities or if there is a technical or business problem.
5. If the application for membership is not approved or reserved pursuant to paragraphs 2 and 4, the company shall, in principle, notify the applicant of the application.
6. The time when the contract for use is established is when the applicant agrees to the terms and conditions and applies for membership, and the company reviews and accepts it.

Article 6 (Qualification for Use)

1. If the "member" is 13-18 years old, the use of the service will not be violated as long as the parent or legal representative confirms that the service can be accessed.
2. The "company" cancels or disallows users under the age of 14 who have not gone through the confirmation process for the consent of their legal representatives, such as their parents.

Article 7 (Change of Member Information)

1. Members may view the information entered at the time of signing the use contract under Article 5 through the My Information screen at any time, and may request changes to the information.
2. Changes to members' information are in accordance with the company's operating policy.

Article 8 (Duty to Protect Personal Information)

The company strives to protect the personal information of its members as prescribed by related laws such as the "Personal Information Protection Act" and the "Information and Communication Network Act". Regarding the protection and use of personal information, the relevant laws and the company's personal information processing policy apply. However, the company's personal information processing policy does not apply to linked sites other than the company's official site.

Article 9 (Obligation to manage "accounts" etc. of "members")

1. The membership method is based on the company's operating policy.
2. The member is responsible for managing the member's account, and it should not be used by a third party.
3. The company is not responsible for any damage caused to the member due to the loss, theft, or disclosure of access information such as the member's KoongWorld account and password. However, this is not the case in the case of intentional or negligence of the company.

Article 10 (Notice to "Members")

1. When the company notifies the member of information related to the service, the company notifies the member individually in a reasonable way, such as sending an e-mail to the member's e-mail address, sending a mobile phone SMS, and pop-up in the service.
2. In the case of notification to all members, the company may replace the notification under paragraph 1 by posting it on the notice in the service for at least 7 days.

Article 11 (Duty of "Company")

1. The Company shall not engage in acts prohibited by the relevant laws and these terms and conditions or violate common sense, and shall do its best to provide the service continuously and stably.
2. The company shall have a security system to protect personal information so that members can use the service safely, and shall announce and comply with the personal information processing policy.
3. The company has the necessary personnel and systems to properly handle member complaints or damage relief requests related to service use.
4. If the company deems that opinions or complaints raised by members regarding the use of the service are justified, it shall deal with them. For opinions or complaints raised by members, the process and results are delivered to members through e-mail, etc.

Article 12 (Duty of "Members")

1. Members shall not do the following.
① Registration of false information at the time of application or change
② the theft of information from others' information
③ Changes to information posted by the company
④ Transmission or posting of information (computer programs, etc.) other than information determined by the company
⑤ Infringement of intellectual property rights, such as copyrights of the company and other third parties
⑥ Damaging the reputation of the company and other third parties or interfering with the business
⑦ Disclosure or posting of obscene or violent messages, images, voices, or other information in violation of social order to services
⑧ Acts that intentionally interfere with the operation of the service or may interfere with the stable operation of the service, and the transmission of advertising information against the express intention of the recipient
⑨ The act of using a service for the purpose of illegal use or for the purpose of pursuing profit, or transmitting or using the provided sound source to a third party at a business place, store, etc. for the purpose of profit
⑩ Granting access to a third party other than you
⑪ The use of sound sources to motivate and implement illegal activities
⑫ other illegal or unjust acts
2. Members shall comply with the relevant laws, the provisions of these terms and conditions, operation policies, precautions announced in relation to usage information and services, matters notified by the company, and shall not interfere with the company's business.
3. A member shall not transfer his/her authority to a third party or receive payment for the use of the service (any tangible or intangible consideration such as money and information provision).
4. A member shall not reproduce, store, process, distribute, or provide service result data (including any data such as member's information, service contents, etc.) to a third party without the prior consent of the company.

Article 13 (Provision of "Services" etc.)

1. Details of the "Services" will be detailed on each service page.
2. "Service" refers to all services provided to members by other companies through additional development or partnership agreements with other companies.
3. The types of services and the detailed scope of contents under the preceding paragraph shall be as prescribed on the website (https://music.koong.world).
4. In providing services, the company can designate the scope of services, available time, and number of times available, and members can use the service only according to the conditions of service provision determined by the company.
5. The Company may temporarily suspend the provision of services if there are maintenance checks, replacement and failure of information and communication facilities such as computers, loss of communication, or considerable operational reasons. In this case, the Company shall notify the Member in the manner prescribed in Article 10 [Notification to "Members".]. However, if there is an unavoidable reason that the company cannot notify in advance, it can notify afterwards.
6. The company may conduct regular inspections if necessary for the provision of services, and the regular inspection time is as announced on the service provision screen. In addition, some or all of the service use may be restricted during regular inspections, and we are not responsible for any damage caused by it unless it is intentional or negligent by the company.
7. We do not take any responsibility for problems that limit some functions in the service due to failures such as services of a third party linked to the service or inspection, unless there is intentional or negligence by the company. In this case, the member is notified or notified.

Article 14 (Change and suspension of "Services" etc.)

The Company may change all or some of the Services it provides to its operational and technical needs if it has reasonable grounds to suspect that.
① In the event of illegal activities through the service
② Where reasons such as maintenance and inspection of information and communication facilities such as computers, replacement and failure of equipment, or loss of communication occur
③ Where there are unavoidable circumstances due to maintenance, etc. of facilities, etc. for services
④ Where the normal use of services is hindered due to a power outage, failure of all facilities, or congestion of usage
⑤ If you experience a wide range of network failures, such as nationwide or regional
⑥ Where a member's behavior contrary to the company's operation policy occurs
⑦ Where an unavoidable circumstance arises in which the service cannot be provided due to management reasons, etc.
⑧Where there are other force majeure reasons, such as natural disasters, national emergencies, regulations or restrictions on laws and policies of each country

1. If there is a change in the contents, usage method, and usage time of the service, the reason for the change, the contents of the service to be changed, and the date of provision, etc. shall be posted on the initial screen of the service or notified in accordance with Article 10 [Notification to "Members". However, this is not the case if it is impossible to notify or notify a member due to reasons beyond the company's control or emergency reasons.
2. The company may modify, suspend, or change any or all of the services provided, as necessary for the company's policy and operation, and the member may express his/her refusal to change the service and terminate the contract.
3. The Company shall not take any responsibility for any problems arising from the change or suspension of this Service unless the Company intentionally or at fault.

Article 15 (copyright of "services" etc.)

1. The copyright of the services and related programs provided by the company belongs to the company.
2. A member shall not infringe on the copyright of the company or a third party when using the service.
3. The member did not acquire the copyright or right to use the service due to the company's consent to use the service.

Article 16 (contract termination, etc.)

1. A member may terminate the use contract at any time by notifying the company of his intention to terminate the withdrawal application in accordance with the operation policy determined by the company, and the use contract ends when the member's intention to terminate reaches the company.
2. The company may terminate the use contract if there are any of the following reasons. In this case, the company notifies the member of the intention to cancel by revealing the reason for the cancellation through e-mail, phone, or other means. In this case, the company shall give the member an opportunity to state his/her opinion on the reason for termination in advance, and the contract of use shall be terminated when the company's intention to terminate reaches the member.
① Where it is confirmed that a member has grounds for refusing to accept the application for use prescribed in Article 6 (2)
② Where a member has committed an act in violation of these terms and conditions and operation policies
③ In the case of violating the relevant statutes, such as obstruction of the provision of illegal programs and service operation, illegal communication and hacking, distribution of malicious programs, and exceeding access rights
④ In the event of an act that interferes with the smooth progress of the services provided by the company or attempts to do so
⑤ If the company recognizes that it is necessary to refuse to provide the service based on reasonable judgment
3. In the event of termination of the use contract under this Article, all information such as profiles and playlists created by members through the use of the service will be extinguished, and the company does not compensate for this separately.
4. If the termination of the use contract is completed, all information of the member except for the information that the company must hold in accordance with the relevant laws and personal information processing policies will be deleted after 30 (30) days.
5. The Company may modify, suspend, or change any or all of the services provided free of charge due to the needs of the Company's policies and operations, and shall not compensate the Member separately unless otherwise provided in the relevant laws.
6. If a member does not agree to change the service, he/she may express his/her refusal to the company and terminate the use contract.
7. The Company shall not be liable for any problems arising from the change or suspension of this Service unless the Company intentionally or at fault.

Article 17 (Restrictions on Use, etc.)

1. In any of the following cases, the company may gradually restrict the use of the service due to warnings, suspension, permanent suspension of use, termination of the use contract, etc.
① In the event of hacking or fraud
② Suspected theft of title
③ Where a state agency requests service restrictions in accordance with relevant laws and regulations
④ Where he/she is involved in or is reasonably suspected of being involved in money laundering, unfair trade, criminal acts, etc.
⑤ Where a member violates the obligations of the terms and conditions or interferes with the normal operation of the service
⑥ Where other grounds equivalent to each of the following occur or measures are required to prevent such grounds from occurring
2. In the event of restrictions on the use of services under the preceding paragraph, restrictions on the use of all services held, including the contents of Article 13 (1) of "Provision of Services", may apply.
3. Notwithstanding the preceding paragraph, the company may immediately restrict or permanently suspend the use of illegal programs, including illegal communication and hacking, distribution of malicious programs, and exceeding access rights.
4. In the event of restrictions on use or permanent suspension of use, the restricted use of members can be lifted only if the conditions for cancellation set by the company are met.
5. The company shall comply with the general common sense and customs of online services for the terms and details of the restrictions within the scope of this section.
6. In the event of restricting the use of services or terminating a contract pursuant to this section, the company shall notify in accordance with Article 10 [Notification to "Members".
7. Members may file objections to restrictions on use under this section in accordance with the procedures set by the company.
At this time, if the company acknowledges that the objection is justified, the company immediately resumes the use of the service.

Article 18 (Limited Liability)

1. In the event of damage to a member due to the following reasons, he/she shall not be responsible for the damage unless it is due to the company's intention or negligence.
① Where it is impossible to provide services due to natural disasters or equivalent national emergencies, etc.
② Where the use of services becomes impossible due to de facto or legal compliance with administrative dispositions, orders, etc. of government agencies
③ Where a service failure occurs due to reasons attributable to a member
④ In the event of a server failure due to an instantaneous increase in service connectivity, etc
⑤ Where information, data, reliability of facts, accuracy, completeness, etc. posted by a member in relation to services are confirmed to be tampered with, false, etc
⑥ Where there are no special provisions in the relevant laws concerning the use of services provided free of charge
⑦ Where transactions, etc. are made between members or between members and a third party through services
⑧ Where damage occurs due to the termination of a contract (withdrawal of a member), the account address not a member, or the wrong account address due to service payment, etc
⑨ In the event of a problem arising out of or outside the scope of the prior agreement and contract between the company and its members regarding the service
⑩ Where damages occur due to restrictions on use and suspension of use under these Terms and Conditions
2. The company is not responsible for the loss or failure of the members to obtain the expected profits using the service.
3. The Company makes no direct or indirect arrangements or guarantees for any matters not specified in these Terms and Conditions in relation to the Services to the extent permitted by law.

Article 19 (Damage Compensation)

1. In the event of damage to a member due to the company's responsible reasons, the scope of the company's damages includes ordinary damages prescribed by the Civil Act, and damages caused by special circumstances are liable for compensation only when the company knows or is able to know the circumstances.
2. Notwithstanding paragraph (1), in any of the following cases, the member may bear all or part of the responsibility.
① Where a member does not immediately notify the company even though he/she knows the cause of the damage or the fact that the damage has occurred
② Where a member intentionally or negligently leaks account and transaction information to a third party or causes the member to use the service arbitrarily
③ Where there is intention or negligence of a member in the occurrence of damage
3. The company is not liable for damages incurred to the member due to reasons not responsible to the company.
4. If the information provided by the member to the company is not true, the company may stop providing the service at any time and terminate the contract in whole or in part according to these terms and conditions, and in the event of damage to the company, the member may claim compensation for the damage.
5. If a member intentionally or negligently causes damage to the company through acts that violate laws, main terms and conditions, or social order, such as obstructing the operation of the company's services or related systems, all damages incurred to the company shall be compensated.

Article 20 (Cancellation and Refund - Paid Payment Cases)

Cancellation and refund are possible according to the following.

A user who enters into a purchase contract may withdraw the subscription within seven days from the date of receipt of a written contract under Article 13 (2) of the Consumer Protection Act (referring to the date on which goods, etc. are supplied or supplied). However, if the withdrawal of subscription is otherwise stipulated in the 에Act on Consumer Protection in Electronic Commerce, etc.에서의, the provisions of the same Act shall apply. A preview function may be provided to prevent users from purchasing by mistake.

1. Cancellation of payment (withdrawal of subscription)
① Payment can be canceled only if paid content is paid within 7 days of the payment date and there is no download history.

② If you do not receive content due to technical problems or if content is delayed for a considerable amount of time, you may receive it again or get a refund on the amount you paid.

③ Users cannot withdraw the "paid use contract" if the subscription withdrawal period has elapsed or if it falls under the relevant laws such as the Consumer Protection Act in e-commerce, the Content Industry Promotion Act, and the Online Digital Content User Protection Guidelines.

④ Account transfer returns the balance after deducting the remittance fee in cash. For other payment methods, follow the payment cancellation procedure for each payment method.

⑤ However, if you pay with a mobile phone, you can only cancel the payment for this month, so you cannot cancel the payment after this month.

Article 21 (Compliance Act and Jurisdiction)

1. Litigation filed between the company and its members shall be governed by the law of the Republic of Korea.
2. A lawsuit concerning a dispute between a company and a member shall be subject to the address of the member at the time of filing the lawsuit, and if there is no address, the exclusive jurisdiction of the district court having jurisdiction over the residence. However, if the address or residence of the member is not clear at the time of filing the complaint, the competent court shall be determined in accordance with the Civil Procedure Act.
3. In the case of a member who has an address or residence abroad, a lawsuit concerning a dispute between the company and the member shall be the competent court of the Republic of Korea, notwithstanding the preceding paragraph.
Supplementary Provisions
These terms and conditions will take effect on March 14, 2023.

The following terms and conditions (these “Payment Terms” ) govern KoongWorld Inc. Applies to payments you make or receive through koong.world (the “Site”) operated by koong.world.
KoongWorld processes Korean and non-Korean card payments.
Koong World is collectively referred to herein as “ KoongWorld ” or the “ Company .”
Please read these Payment Terms carefully before making or receiving any payment through the Site. By making or receiving a payment through the Site, you accept and agree to comply with and be bound by these Payment Terms, either on your own behalf or on behalf of your employer or other entity (as applicable). These Terms and Conditions supplement the “Terms of Service.”

* KoongWorld may change these payment terms at any time. If such changes are made, KoongWorld will make a new copy of the Terms and Conditions available on this page.
* You understand and agree that if you use KoongWorld after the date the Payment Terms are changed, KoongWorld will treat your use as acceptance of the updated Payment Terms.

Terms used but not defined herein shall have the meanings ascribed to them in the Terms of Service.
Unpaid amounts are the sum of your earnings as a seller or payments returned from canceled orders as a buyer.
Payment Service Provider is a service provider that provides payment services to buyers and sellers in connection with the KoongWorld Platform. This includes collecting funds from buyers in connection with purchases, transferring money to sellers and withdrawing funds services. It involves payments and withdrawals in local currency and holding funds associated with your KoongWorld balance.
Earnings are money earned by a Seller from completed orders, which can be used to withdraw from koongWorld in accordance with these Terms and Conditions.

Revenue is generated after a purchase is made on the seller's page.
A seller is a user who provides services through KoongWorld.


Article 1 (Seller)

* The seller registers the sound source on KoongWorld so that the buyer can purchase the service.
* Sound sources created in KoongWorld are user-generated content.
* Sound sources and users may be removed from the site by KoongWorld if they violate these Terms of Service or the site's Terms of Use standards. This may include, but is not limited to, the following infringing material:
* Illegal or fraudulent
* Copyright infringements, trademark infringements and third-party terms of service violations reported through our Intellectual Property Claims Policy
* Adult services, pornography, inappropriateness, obscenity
* Intentional copy
* Spam, nonsense, violent or deceptive sound sources
* Sound recordings that are misleading to the purchaser or others
* Resale of regulated products
* Low quality service
* Use KoongWorld through marketing activities that negatively impact our relationships with users or partners, as well as activities prohibited by laws, regulations and third party terms of service;
* Seller accounts may be suspended with content removed for violations noted above.
* Content deleted due to violations cannot be restored or edited.
* Content may be removed from the list due to poor performance or user misconduct.
* Content created by other websites that promotes content that violates KoongWorld's Terms of Service will be deleted.
* You must have appropriate content images related to the content you create.
* May include approved performance videos uploaded through the management tool provided by KoongWorld.
* Statements on the detail page that undermine or circumvent these Terms of Service are prohibited.
* Some categories of content may be available in a structured format with multiple price points for selected content.
* Certain categories can only create content on KoongWorld.

Article 2 (Get Paid)

* Content you sell will be credited to your account as revenue equivalent to 70% of the purchase price.
* Payment will be prepared on the 15th of the following month after 14 days from the date the content generated revenue.

* If an order is canceled for any reason, the funds paid will be returned from the seller's KoongWorld balance.
* Seller is responsible for paying any direct or indirect taxes, including GST, VAT or income tax, which may be applicable depending on residence, location, etc., depending on jurisdiction provisions. Seller represents and warrants that it is and will at all times comply with its obligations under the income tax provisions of any applicable jurisdiction.
* Seller agrees that amounts paid by Buyer to KoongWorld will be considered the same as amounts paid directly to Seller. Buyer's payment obligations to Seller are satisfied upon receipt of payment by KoongWorld (or its Payment Service Provider, as applicable) and KoongWorld (through its Payment Service Provider, if applicable) is responsible for remitting funds to Seller in the manner described. There is this. As set forth in these Payment Terms and Conditions. If KoongWorld (via its payment service provider) does not remit the amount to the Seller, the Seller will not be able to bill the Buyer directly, but will only have a claim against KoongWorld. Seller agrees that KoongWorld may describe or reflect the terms contained herein in any terms of service, receipts, disclosures or notices, including but not limited to receipts provided to Buyer, as KoongWorld may deem necessary or prudent.
* KoongWorld partners with payment service providers for the purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds associated with KoongWorld balances. All payment services related to the withdrawal of funds from the KoongWorld platform are performed by KoongWorld's payment service providers.

* Even if one year has passed since the profit of the content was confirmed, if the information is not entered in the withdrawal option provided to the company or there is a discrepancy, the payment prepared at the time will be forfeited.

Article 3 (Withdrawal Of Profits)

* To withdraw your profits, you must have an account with one or more of KoongWorld's payment service providers for any of the withdrawal methods listed below. All funds available for withdrawal will be held on your behalf in KoongWorld's payment service provider account. All payment services, including withdrawal services, are provided by KoongWorld's payment service providers.
* Your KoongWorld profile can only be linked to one account on each KoongWorld withdrawal method. A Payment Service Provider withdrawal account can only be linked to one KoongWorld profile.
* You will only be able to see your earnings on the Earnings page after a safety period of 14 days after your order is marked as complete.
* Sellers can withdraw their profits using one of KoongWorld's withdrawal options (see Withdrawals section below for payment terms). To withdraw your available profits, you need to click on the specified withdrawal provider to start the withdrawal process.
* Due to security concerns, KoongWorld may temporarily disable a seller's ability to withdraw profits to prevent fraudulent or illegal activities. This may occur due to security issues, inappropriate behavior reported by other users, or as a result of linking multiple KoongWorld accounts to a single withdrawal provider.
* Withdrawals can only be made up to the amount you have available.
* Withdrawal fees vary depending on the withdrawal method.
* Withdrawals are final and cannot be cancelled. Once this process begins, there is no turning back.
* In some cases, sellers may withdraw profits in several different currencies. All currency exchange services associated with such withdrawals are performed by KoongWorld's payment service provider. Because your KoongWorld balance is always derived from US$ value, the local currency amount of your KoongWorld balance may change daily due to exchange rate fluctuations and also includes conversion fees. Sellers outside of Korea can always withdraw their profits in US dollars.
* Seller may withdraw profits from a deactivated account after a safety period of 90 days after full verification of ownership of the account in question. Approval from KoongWorld is required starting from the date the last payment was made on your account.

Article 4 (Withdrawal Method)

* Withdraw to your PayPal account. For a list of PayPal services by country, click here.
* Withdraw to your Payoneer account. For more information, see Pricing and Fees. Available worldwide except India and Russia.

* Additional fees may apply depending on your location and currency.

Article 5 (Limitation of Liability)

In no event shall Company, or its licensors, service providers, employees, agents, officers or directors, be liable under any legal theory for any damages of any kind arising out of or in connection with your use or inability to use the Services. the Site, any website linked to the Site, any content on the Website or any other website, or any services or items obtained through the Site or any other website, including any direct, indirect, special, incidental, consequential or punitive damages; box). It is limited to personal injury, pain and suffering, emotional distress, loss of profits, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data and whether resulting from tort (including negligence). We will not be liable for any breach of contract or other conduct, even if foreseeable.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.