This document contains the terms and conditions of EDUNAKHO B.V., with its principal office located at Singel 92 C in 1015AD Amsterdam, the Netherlands and registered with the Dutch Chamber of Commerce under registration no. 77866282 (‘EDUNAKHO’). Thank you for using our website(s), video platform(s), products and/or services (‘Services’). The Services are provided by EDUNAKHO, through www.mastertube.com, www.mbatube.com, www.mbagradschools.com and/or www.mastergradschools.com (‘Websites’).
Article 1. Applicable terms and conditions
Article 2. Term and termination
2.2. You may terminate your contract with EDUNAKHO at any time, for any reason. You may do so by (i) stopping use of the Services and, if applicable, (ii) closing your account with EDUNAKHO (‘Account’).
2.3. EDUNAKHO may (partially) terminate your use of the Services and its contract with you at any time and with or without prior notice or explanation, if:
b. you have engaged in illegal or improper use of the Services or EDUNAKHO suspects you thereof;
c. EDUNAKHO is required to do so by law;
2.4. Only in case of each of Article 2.3.d and Article 2.3.e shall EDUNAKHO, where possible, give reasonable notice of such termination.
2.5. All forms of termination by you or EDUNAKHO will be without compensation by EDUNAKHO and without liability or obligation to you.
2.6. Termination of your contract will not discharge you from obligations which, by their nature, are intended to continue in force thereafter. These obligations include in any event any indemnifications, warranties and limitations and the provisions on intellectual property rights, disputes and the applicable law.
Article 3. Account
3.1. In order to use certain Services you may need an Account. When creating the Account, you must provide true, accurate and complete information. You agree that you will keep all information up-to-date.
3.2. You are responsible for maintaining the strict confidentiality of the username and password combination of the Account. You are solely responsible to EDUNAKHO and to third parties for all activity, authorised and unauthorised, that occurs under the Account for which you have the username and password combination.
3.3. EDUNAKHO reserves the right to deny you access to and use of the Account if EDUNAKHO, for whatever reason, questions the identity of the person trying to access any Account or Service.
Article 4. Use of the Services
4.2. The following restrictions apply to your use of the Services:
a. you may not alter, modify, disrupt, impair or interfere, directly or indirectly, with any part of the Services;
b. you may not impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity, transmit or otherwise make available on, through, or in connection with the Services false or misleading indications of origin, information or statements of fact;
c. you may not collect any personal data of any user of the Services without our prior approval;
d. you may not copy, reproduce, transmit, broadcast, display, sell, license or otherwise exploit any part of the Services, including but not limited to the text, comments, reviews, links, playlists, graphics, photos, sounds, videos and other materials and information you may view on or access through the Services (‘Content’), without prior written approval from EDUNAKHO or the licensors of the Content;
e. you may not distribute in any medium any part of the Services, including but not limited to Content, without prior written approval from EDUNAKHO or the licensors of the Content, unless EDUNAKHO makes available the means for such distribution through functionality offered by the Services;
f. you may not access the Content through any technology or means other than the means that EDUNAKHO may explicitly designate for this purpose (e.g. the Website(s) and video platform(s));
g. you may not (attempt to) circumvent, disable or otherwise interfere with any security related features of the Services or features that restrict the use of Content;
h. you may not use the Services in a way that would violate any law or other users’ rights.
4.3. You may only use our Services for business purposes if (i) you are a representative of an educational institution that has entered into an agreement with EDUNAKHO, (ii) you comply with the terms and conditions of the agreement between EDUNAKHO and the educational institution and (iii) you use our Services through the educational institution’s Account. All other use of our Services may be for non-commercial, personal purposes only.
4.4. EDUNAKHO reserves the right to change the Services, for example by adding or removing functionalities or features, and to permanently or temporarily stop providing the Services, without prior notice to you.
Article 5. Privacy
Article 6. User Postings
6.1. As a holder of an Account you may submit text, comments, reviews, links, playlists, graphics, photos, sounds, videos and other materials and information via the Services (‘User Postings’).
6.2. You understand and agree that you are solely responsible for your own User Postings and the consequences of submitting them, as are other users for their User Postings. User Postings do not reflect the views of EDUNAKHO, nor does EDUNAKHO endorse any User Postings or any information contained therein. EDUNAKHO expressly disclaims any and all liability in connection with User Postings.
6.3. You hereby waive any legal rights or remedies you (may) have against EDUNAKHO with respect to Content that is in any way objectionable to you, including but not limited to User Postings from other users which are inaccurate, offensive or indecent to you.
Article 7. Proprietary rights
7.1. You retain ownership of any intellectual property rights that you hold in your User Postings. By submitting User Postings you do however grant:
a. to EDUNAKHO, a worldwide, irrevocable, non-exclusive, royalty-free, transferable, perpetual and in all other ways unrestricted license to use, reproduce, distribute, prepare derivative works of, modify, perform, display, publish and otherwise exploit all or any portion of the User Postings in connection with the Services and otherwise in connection with EDUNAKHO’s business, including without limitation. The license includes the right for EDUNAKHO to grant sub-licenses others to the same extent;
7.2. You represent and warrant that you have all necessary rights, licenses, permissions and consents which are required to enable EDUNAKHO to use your User Postings for the purposes of providing the Services.
7.3. You agree that the User Postings you submit will not contain any material that is subject to third party proprietary rights, including but not limited to third party copyright, rights of privacy or rights of publicity, unless you have the right, license, permission or consent from the rightful owner to do so and to grant the EDUNAKHO and the other users of the Services the license described in paragraph 7.1.
7.4. Using our Services does not give you ownership of any intellectual property rights in our Services or the Content. With the exception of User Postings submitted by you, all other Content which is available through the Services is either owned by or licensed to EDUNAKHO, and is subject to intellectual property rights of EDUNAKHO or EDUNAKHO’s licensors. The restrictions mentioned in paragraph 4.2d expressly apply to such Content. EDUNAKHO and its licensors reserve all rights not expressly granted in and to their Content.
7.5. Any third party trade or service marks present on Content which was not submitted by you are trade or service marks of EDUNAKHO or EDUNAKHO’s licensors. You agree to refrain from using, altering or deleting such trade and service marks.
Article 8. Notification of breaches
a. a breach of security or unauthorised use of the Account;
c. a breach of your or others’ copyrights.
Article 9. Third Party services
9.1. Some of the Services may interoperate with and/or contain hyperlinks to platforms, websites and services owned and/or operated by third parties (‘Third Party Services’). EDUNAKHO does not verify, has no control over, and assumes no responsibility for the content, privacy policies or practices of the third parties owning and/or operating the Third Party Services. EDUNAKHO does not assume any liability for any loss or damage which you may incur by using or in relation to Third Party Services.
9.3. You understand that Third Party Services may collect personal information from you when you use Third Party Services through our Services.
9.4. You agree that EDUNAKHO is not responsible for the availability of Third Party Services and does not endorse any information, products and/or materials which are available through Third Party Services, including but not limited to advertisements.
Article 10. Exclusion of warranties
10.1. The Services are provided ‘as is’.
10.2. You acknowledge and agree that, to the fullest extent permissible by law, EDUNAKHO nor its partners (e.g. suppliers, licensors, distributors) make any warranty or representation to you with respect to the Services. In particular EDUNAKHO does not warrant or represent to you that:
a. your use of the Services will meet your requirements;
b. the Services will provided uninterrupted, timely, secure or free from errors;
c. any information obtained by you by using the Services is accurate or reliable; and
d. defects in the operation of the Services or functionality offered by the Services will be corrected.
Article 11. Limitation of liability
a. any interruption of or errors in the Services;
b. defects in the operation of the Services or functionality offered by the Services;
c. your use of Third Party Services;
d. any reliance you placed on the completeness, accuracy or existence of any advertising on the Services;
e. changes EDUNAKHO may make to the Services;
f. your failure to keep the username and password combination of the Account confidential.
11.2. The limitations on EDUNAKHO’s liability to you as described in Article 11.1 apply whether or not EDUNAKHO has been advised of or should have been aware of the possibility of any such losses or damages arising.
Article 12. Miscellaneous
12.3. You agree that if EDUNAKHO does not exercise or enforce any legal right or remedy it has, this does not mean that EDUNAKHO waives such right or remedy.
12.5. Where the Agreement refers to “written” or “in writing”, this also includes e-mail communication provided the identity of the sender and the integrity of the content can be adequately established.
12.7. You agree that EDUNAKHO may send you service announcements, administrative messages and other information in connection with your use of the Services.
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