Effective Date:18th October 2010
“Kenlighten” or “Mavenz Kenlighten” or the “Kenlighten Platform” or the “Site” or the “Service”, which includes the content, the software applications platform and services available through www.kenlighten.com or the website, is owned by Mavenz Management and Technology Services Private Limited, a company incorporated in India, hereinafter, referred to as “Mavenz” or “the Company”.
Kenlighten is intended solely for users who are thirteen (13) years of age or older. Membership to Kenlighten is void, prohibited, unauthorized, unlicensed and in violation of this Agreement by anyone below thirteen (13) years of age. By registering, accessing and using Kenlighten, you hereby represent and warrant that you are thirteen (13) years of age or older and that you agree and abide by the terms and conditions of this Agreement.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, event promotions, job postings, organization wiki posts, listings, and other content that you upload, publish or display (hereinafter, "post") on or through Kenlighten, or transmit to or share with other users (collectively the "User Content" or the "Content"). You may not post, transmit, or share User Content on Kenlighten that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Note however, that this license does not grant the Company the right to sell, sublicense to any third party for resale or distribution, in any form, your knowledge that you may create in the form of a product that may contain documents, video, audio, image and or presentation created using the Kenlighten Presentation Tool, on any other platform other than Kenlighten, without taking prior written consent from you. You may remove your User Content from the Site at any time, except products that you have created and released successfully. You may however, archive such products which will not be available for further subscription. However, users who have already subscribed to such products will continue to be able to view them as many times as is permitted. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you upload, make available, post, email or otherwise transmit via the Site. The Company does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.
You are prohibited to, and you agree and abide to, not intentionally use the Site to:
- collect or gather email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited communications via email, short message service (SMS), mobile or telephone calls or any other means of communication;
- use unlawful or any other means that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Site;
- upload, post, transmit, share, store or otherwise make available, publicly or privately,:
- any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- any videos, audios or documents that are not original works of learning created by you;
- any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail","spam", "chain letters", "pyramid schemes", or any other form of solicitation;
- any private information of any third party, including, addresses, phone numbers, email addresses, Unique Identification numbers or Social Security numbers and credit card numbers;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
The Company is not responsible for the conduct, whether online or offline, of any user of the Site.
Terms of Sale
The terms, conditions and policies applicable to your purchase of products or services from the Site is available in our Terms of Sale. By ordering products or services from the Company through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in the Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
Third Party Websites and Content
The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, audio, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Repeat Infringer Policy
The Company reserves, and you agree, the right to deem users to be repeat infringers whenever appropriate and at the Company's sole discretion. Company may also at its sole discretion limit access to the Site and/or terminate the membership of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
KENLIGHTEN IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF KENLIGHTEN. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON KENLIGHTEN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT KENLIGHTEN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH KENLIGHTEN AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
THE COMPANY DOES NOT GAURANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF KENLIGHTEN MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES OR TECHNICAL IMPROVEMENTS. THE COMPANY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, THE COMPANY DISCLAIMS ALL LAIBILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF KENLIGHTEN DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES CAUSED BY THE INTERNET SERVICE PROVIDER, THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO KENLIGHTEN.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS SUCH THE CONTENTS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ANY OF ITS SUBSIDIARIES, AFFILIATED COMPANIES, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED INR 100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IN CONTRACTS WITH CONSUMERS AND AS SUCH THE CONTENTS OF THE ABOVE LIMITATION ON LIABILITY MAY NOT APPLY TO YOU.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under thirteen (13) years of age. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about Kenlighten ("Feedbacks"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Feedbacks for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Company reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Site, with or without prior notice. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Amendments") will be effective immediately and incorporated into this Agreement. Your continued use of the Site following the effective date will be deemed to constitute your acceptance of any and all such Amendments. All Amendments are hereby incorporated into this Agreement by this reference.
If you have any questions or suggestions regarding this Agreement, please email us at firstname.lastname@example.org or you may also write to us at:
Mavenz Management and Technology Services Private Limited
Attn: Legal Practices - Kenlighten
407, 4th Floor,
Kamat Towers, EDC Complex,
Goa. 403 001.
For any complaints regarding intellectual property rights violation, please email us at email@example.com or you may also write to us at:
Mavenz Management and Technology Services Private Limited
Attn: IPR Violation Practices - Kenlighten
407, 4th Floor,
Kamat Towers, EDC Complex,
Goa. 403 001.