END USER AGREEMENT

Following are the Terms of End User Agreement (“Terms” or the “Agreement”) applicable to the website, https://videoken.com(“VideoKen”) of Yen4Ken Inc.”). VideoKen serves as an intermediary or platform for eLearning solutions for its users (“Users”, “You” or “you”) for searching, viewing and uploading videos, organize such videos and share the playlists, between subscribed Users. The Agreement is a legally binding contract between the Company and You to avail the services of VideoKen (“Services”). Please read these Terms carefully before using the Services of this Website. By using the Services(whether or not you are a registered member), you agree to be bound by these Terms.

These Terms are effective as of this 1st day of January, 2017.

  1. THE COMPANY AND ITS SERVICES
    The Company provides online services, including a platform to search, curate, play and share video content available on VideoKen directly or through other websites from whom the Company holds a valid license (“Company Content”). Different kind of Services and license are rendered to different Users at different levels including (i) Users who are not registered with VideoKen; (ii) Users who are registered with VideoKen for free services; (iii) Users who are registered with VideoKen for certain premium services. Further, you agree and acknowledge that VideoKen include software that tracks your interaction with VideoKen and/ or with other Users so as to provide certain value-added services to you solely and exclusively based on your choices and interactions.
  2. ELIGIBILITY
    You are eligible to use certain Services by registering with VideoKen and as consented by the owner or licensor of certain content, only if you comply with the following conditions:
    • You have the right, authority, and capacity to enter into these Terms and must have completed the “Minimum Age” (as defined below) or under such proper parental/ guardian guidance in case of minor, who represent you and takes the responsibility in having an account with VideoKen in the minor’s name. Notwithstanding anything, certain Services or content are not for use by anyone under the age of 16 years ; and
    • You are not barred by any applicable law for the time being in force or restricted by VideoKen from using the Services. “Minimum Age” means (a) 18 years old for India and the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for VideoKen to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age.
  3. REGISTRATION
    • You agree that, in order to access and use certain Services of VideoKen, you may have to register and give certain personally identifiable information of yours, at the time of registration. Only after such registration, you shall have access to certain features which are available on VideoKen. You are restricted to have only one account with VideoKen in your individual/ personal capacity. However you may have additional account(s) with VideoKen in your professional/ academic capacity as an employee/student/affiliate/partner representing an organization/institution/ company provided such organization/ institution/ company is authorized by VideoKen to create an account for you.
    • You will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under your username. You agree to: (a) notify the Company immediately of any unauthorized use of account or any other breach of security; and (b) ensure that you log off from your account at the end of each session, if you are accessing VideoKen through a shared device or computer. The Company will not be liable for any loss or damage arising from your failure to comply with this clause.
    • You further represent and warrant that:
      • You are neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company;
      • You are authorized to submit the information to the Company and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;
      • You will maintain the accuracy of such information at all times;
      • Use of the Services does not violate any applicable law;
      • You will not provide any false personal information to Company, or create an account for anyone other than you without prior authorization;
      • You will not create multiple accounts in the same name or under different fictitious names;
      • If the Company disables your account, you will not create another one without Company’s permission;
      • You will not share your permanent and temporary log-in credentials or do anything else that might jeopardize the security of your account and other’s account;
      • You own or have the necessary licenses, rights, consents, and permissions to upload and authorize the Company to use all the proprietary rights in and to any and all of the User Content(hereinafter defined) and intellectual property of them to enable inclusion and use of such User Content in the course of Services being provided on Website;
      • You will not submit any User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the permission from the rightful owner to share the material and to grant Company all of the license rights granted therein;
      • You will not publish falsehoods or misrepresentation that could damage the Company or any third party, including, without limitation, loss of reputation, credibility, revenue;
      • You will not post any User Content that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, nationality and is in the nature of being derogatory, slanderous to any third party;
      • You will not post any User Content that has the potential to create unrest or law and order problem in sections of the society; and
      • You will not post any sexually explicit contents.
  4. LICENSE
    • Company’s License.You acknowledge and agree that the rights, titles and interests in and to VideoKen and its Services vests with the Company either by ownership or by authorized licenses, including any intellectual property rights which subsist in VideoKen’s content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Further, the Company grants you a non-exclusive, revocable, non-transferrable and limited license to access and use the Services on your personal device as made available through VideoKen. The Company may, from time to time, update or modify the features of VideoKen, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above. You shall not be permitted to sublicense or transfer any of your rights hereunder including without limitation, access to VideoKen through the respective login credentials authenticated for you. Unless agreed otherwise in writing with the Company, nothing in the Terms gives you or any third party a right to use any of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
    • Your License.VideoKen allows you to upload/submit videos, your personal information including without limitation, to your name, educational qualification, job description, reviews, clarifications, comments, views, queries, endorsements, curated material along with associated notes, curriculum, videos, quizzes, performance records, evaluation records, private notes and other information (“User Content”) which may be hosted, shared or published as part of the Services, and may be visible to other registered Users of VideoKen, as restricted by you. User Content also includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, assessment results, and other materials that can be viewed/ accessed on VideoKen. User Content can also include data generated by VideoKen on the basis of user interactions such as analytics based on your video views. You undertake that you own all of the User Content, network data and other information that you may upload on or share through VideoKen. However, you agree to grant a non-exclusive, transferable, royalty-free, sub-licensable and worldwide right and license to the Company, to use, copy, modify, distribute, publish and process the User Content, without any further consent. The User Content will be restricted for access only to those subscribed Users and/ or those other registered User, as authorized by you (“Authorized Users”) and shall not be shared with third parties or made public on VideoKen. Accordingly, you also hereby grant a non-exclusive license to such subscribed or registered users, as authorized by you to access the User Content through VideoKen. The Company agrees to take all possible measures to protect the User Content from any unauthorized access and further to restrict access to your User Content exclusively for such Authorized Users on VideoKen.
  5. COMPANY AND USER CONTENT
    • VideoKen includes a combination of content that the Company license from third parties or that is created and posted by the Users. All the Company’s Content and User Content (collectively “Content”) are protected under copyright by the Company or its licensors and the Users respectively. Content uploaded to VideoKen may be subjected to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitation if you download such Content.
    • As a User, you may not modify, publish, transmit, participate in the transfer or sale of reproduce, create derivative work of, distribute, publicly perform, publicly display, or in any way exploit any of the content on VideoKen in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any such Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, broadcast, stream, distribute or otherwise exploit such Content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.
    • The User Content that you share may be seen by certain other or a particular group of registered users of VideoKen or, if public, by visitors, depending on the settings created by the User uploading or creating it. Wherever the settings are available for the User Content, the Company will, to the best of its ability, honor the choices you make about who can see the User Content and other privacy settings as available on VideoKen. It is agreed by you that the Company is not obligated to publish any information or User Content on VideoKen and can remove it at the sole discretion of the Company, with or without notice.
  6. RESTRICTIONS ON USE
    User shall not:
    • use, provide access to any Content or for such premium Services to such users who are not registered with VideoKen;
    • decompile, reverse engineer or disassemble VideoKen except as may be permitted by applicable law;
    • link to, mirror or frame any portion of the Services;
    • access VideoKen through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built-into VideoKen or to crash the server.
    • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of VideoKen or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
    • attempt to gain unauthorized access to or impair any aspect of VideoKen or its related systems or networks or Services;
    • attempt to interfere with service to any other registered user, host or network, including, without limitation, via means of submitting a virus to VideoKen, overloading, “flooding”, “spamming”, “mail bombing”, “hacking”, distributed denial-of-service (DDOS) attacks or “crashing” etc.;
    • stalk or harass or abuse any other registered users of VideoKen;
    • infringe any intellectual property or other proprietary rights of any third party;
    • act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
    • create profiles or provide content that promotes escort services or prostitution;
    • copy or use the information, content or data of others available on VideoKen (except as expressly authorized);
    • imply or state that you are affiliated with or endorsed by the Company without our express consent; or
    • override any security feature of the Services.
  7. REMEDIES WITH COMPANY
    • The Company may review any User Content posted on VideoKen, and in case the Company finds, at its sole discretion, that you violate any of these Terms, then it reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending User Content from VideoKen and/or terminating the registration of yours and/or blocking your use of the Services.
    • The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting you when involved in such violations.
    • You acknowledge that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services. You also acknowledge that in any such event the Company shall also have the right to hold such defaulting party liable and initiate proceedings against such party in the courts and other appropriate forums.
  8. SERVICE FEE
    • Certain premium Services of Videocon shall be charged as per the tariff plans as notified on the website from time to time or as communicated to you in writing by the authorized officer of the Company. You shall keep a watch on the Website to know the change in the tariff plans and charged Services.
    • If you purchase any of our premium Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. You agree and acknowledge that: (a) your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); (b) you must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period; and (c) taxes are calculated based on the billing information that you provide us at the time of purchase.
    In the process of providing Services to you, the Company may transfer the Personal Data and other information that it collects for processing, to affiliated entities or other third parties across borders, and from the User’s country or jurisdiction to other countries or jurisdictions around the world. Any Users located anywhere outside United States, with laws governing data collection and use that differ from the laws applicable in the United States, understand, acknowledge and consent to transferring information and permitting the transfer of information, including Personal Data, to a country and jurisdiction that does not have the same data protection laws as the User’s jurisdiction. The User hereby consents to the transfer of his/ her information across countries or jurisdictions around the world.
  9. ADDITIONS AND ALTERATIONS TO TERMS OF USE
    • The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting. The Company will inform you of such additions/alterations through e-mails or messages to your account or in-app notification, notices posted on VideoKen, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted.
    • Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
    • Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately.
  10. TERM AND TERMINATION
    • These Terms shall remain in full force and effect unless and until your account is terminated as provided herein.
    • The Company reserves the right to decide whether the User Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. The Company may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a user's account for submitting such material in violation of these Terms. The Company further reserves the right to terminate this Agreement, restrict your access to certain Content or discontinue the Services provided or any portion or feature thereof for any or no reason and at any time without liability to you.
    • You may also terminate this Agreement for any or no reason and at any time. Upon such termination for any reason, you shall cease to have access to VideoKen. However, you agree that User Content may be stored in the servers of VideoKen even after termination to comply with the applicable laws. It is agreed that your grant of non-exclusive, transferable, royalty-free, sub-licensable and worldwide right and license to the Company, to use, copy, modify, distribute, publish and process the User Content that are already posted shall survive the termination of this Agreement.
    • The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
    • Sections 5, 6,7, 8, 9 and 10 through 13 of this Agreement shall survive following any termination of this Agreement.
  11. THIRD PARTY CONTENT
    • VideoKen may contain links, features and functionalities that allow access to third party contents. Please note that if you allow a third-party website to authenticate you or connect with your account, that website can access information provided on Website related to you and your connections. Third party sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. You should make whatever investigation you may feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for their dealings with any third party. If you have any problem resulting from use of any third-party services, or suffer data loss or other losses as a result of problems with any of other service providers or any third-party services, the Company shall not be responsible for the same. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites.
    • VideoKen provides advertisements and/or other marketing content of third party during the rendering of the Services. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through VideoKen or any hyperlinked website or featured in any manner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between the user and third-party providers of products or services.
  12. DISPUTES
    • These Terms shall be governed by and interpreted and construed in accordance with the laws of State of Delaware. You will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in[•], Delaware. .
    • If anyone brings a claim against the Company related to your actions, User Content, comments or information on VideoKen and you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these Terms by You. Although the Company provides rules for your conduct, the Company does not control or direct your actions on VideoKen and is not responsible for the User Content you transmit or share on or use in VideoKen or for any of your actions using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content you may encounter on VideoKen. The Company is not responsible for the conduct, whether online or offline, of you. You can notify us of any inappropriate User Content you find on VideoKen by sending an e-mail to abuse@VideoKen.com.The Company in its sole discretion shall remove the inappropriate User Content without giving any notice to the User who uploaded the content.
  13. Disclaimer and Limitation of Liability.
    • The Company is only acting as a repository of data, Content available and those submissions made by you and do not represent the views/ clarifications of the Company and Company makes no guarantee as to the validity, accuracy or legal status of any User Content. It is agreed by you that the Company neither endorses, nor promotes any of the views, ideas, expressions, postings, actions of any of the Users or other information.
    • The company tries to keep videoken, bug-free, and safe, but you agree to use it at your own risk. The company is providing the services as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    • The company tries to protect your data on videoken, but you agree to upload/keep your data at your own risk. The company is not responsible for misuse of your data by another user or by a third party.
    • The company does not guarantee that your data will always be intact or that your data will not be erased or formatted. However, the company shall take necessary precautions to the best of its abilities to safeguard your data without being erased or lost.
    • The company does not guarantee that videoken will always be safe, secure or error-free or bug-free or that videoken will always function without disruptions, delays or imperfections.
    • The company does not warrant that: (a) the services will meet your requirements; (b) the services will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain from videoken will be accurate or reliable; (d) the quality of any products, services or other information obtained by you through videokenwill meet your expectations; or (e) any errors in any data or software will be corrected; or (f) that the services will be merchantable and will not infringe upon any intellectual prperty rights.
    • The company is not responsible for the actions, content, information, or data of third parties, and you release the company, company’s directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
    • To the fullest extent permitted by law, in no event shall the company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of user content, (ii) personal injury or property damageof any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any user content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. .
    • The company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to you or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web or in connection with the services provided byvideoken.
    • This limitation of liability is part of the basis of the bargain between you and the company and shall apply to all claims of liability whether direct, indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement or your use of videoken, company specifications, content, or other company products and services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not you have been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed its essential purpose.
  14. Copyright Claim/ Other Queries
    If a copyright/ intellectual property owner or an agent thereof believes that any User Content or other content on VideoKen infringes upon their copyrights or other intellectual property or for any questions regarding these Terms of the Services, you may contact us at the email address provided under Section 12.2. Please refer to the Copyright Policy on VideoKen for more details.
  15. General
    • These Terms along with the Privacy Policy and Copyright Policy make up the entire agreement between the parties regarding the use of VideoKen and its Services, and supersedes any prior agreements or understandings.
    • If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
    • The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
    • Any amendment to or waiver of these Terms must be made in writing and signed by the Company.
    • You will not transfer any of your rights or obligations under these Terms to anyone else without the Company’s consent.
    • All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    • Nothing in these Terms shall prevent the Company from complying with the applicable laws.
    • These Terms do not confer any third-party beneficiary rights.
    • You should carefully read the Company’s Privacy Policy as it governs the Company’s treatment of any information, including personally identifiable information you may submit on VideoKen.
    • The Company reserves all rights not expressly granted to you. It further reserves the right to limit your use of the Services, including the storage space for your User Content on the Company’s cloud. The Company reserves the right to restrict, suspend or terminate your account if it believes that you may be in breach of this Agreement or law or are misusing the Services.
    • The company reserves the right to periodically delete at its discretion, the expired and outdated data, including but not limited to your comments and your publications.
    • The company reserves the right to research and publish general user behavior categorized at its discretion.
    • If under any law, you are entitled or obligated to act contrary to these terms, you consent to provide the Company with a comprehensive explanation of the reasons for such act in writing at least 30 days before you act in such manner.
    • You will comply with all applicable laws when using or accessing the Services.
    • By using VideoKen, you agree to the Company’s Terms of Use and to receive account and feature emails from the Company.