Welcome to LinCo, a product of Enok Horizon, Inc.!
You are expected to read these Terms and Conditions (“Terms” or “Agreement”) before using LinCo’s (“Service”) in any matter. By using or viewing the Service, you’re agreeing to the Terms, wo please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement
The Terms may be amended at any time. Your access to and use of the Service is subject to Enok Horizon, Inc.’s then-current policies relating to the Service. You are responsible for compliance with these Terms and all other policies applicable to the access and use of the Service. If you using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms.
Below we will refer to all services provided by Enok Horizon, Inc. as the “Service”. The following Terms apply when you view or use the Service on our website, server and app, in any manner. Please review the following Terms carefully. Again, by accessing or using the Service in any manner, you signify your agreement to these Terms. If you do not agree to these Terms, you simply may not access or use the Service.
In this Agreement, we refer to LinCo, Enok Horizon, Inc. as “LinCo,” “Enok Horizon,” the “Company,” “We,” or “Us.”
1.1 About the Service
LinCo connects English native speakers living in the United States to English lovers, students everywhere over the world. The Service allows you to request and engage in a video streaming chat session on demand with an available native English speaker (“Teacher(s)”) for purposes of practicing English conversational skills (“Lesson(s)”) This User Agreement applies to users who visit and use the Service (collectively or individually “Students”), whether through our website or the Company’s proprietary mobile device application (the “App”). You hereby provide us consent to have your video tutoring sessions be recorded and used by the Company for external promotional and internal analytical use.
Note that Lessons are subject to Teachers’ availability on the date of request, and the Company does not guarantee any particular Teacher or preferred Teachers will be available at any given time. All Teachers are independent contractors offering their services to you via the Service and are not employees or agents of Enok Horizon. We do not make any representation or warranty regarding the results of signing up and completing a lesson or a series of lessons, as individual results may vary based on compatibility, preparation, ongoing relationship, time allotted for the lessons and various other factors outside of our control
The Service fully supports various third party platforms including but not limited to Android, iOS and Web, which allows Students to optimize their learning experience via live video streaming via third party platforms in addition to the App.
1.2 Agreement
When you use our Services you are entering into a legal agreement and you agree to all of these terms.
You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.
You agree that by clicking “Join Now” “Join Enok Horizon”, “Sign Up” or similar, registering, accessing or using our services you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). If you reside in the United States, your agreement is with our Company and if you reside in China, your agreement is with Enok Horizon China.
This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features (such as starting a video chat, downloading one of our software applications), as may be amended by the Company from time to time. If you do not agree to this Agreement, do NOT click “Join Now” (or similar) and do not access or otherwise use any of our Services.
Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
Children’s Online Privacy Protection Act (COPPA) Statement: The Service Site and App are not for persons under the age of 13. If you are under 13 years of age, then please do not use the Service, Site or App. Talk to your parents or legal guardians first for permission to use the Service.
1.3 Registration; Rules for Customer Conduct and Use of the Service
In order to use the Services, Students must register and create an account through the App or Site. Registration requires you to: (i) create a unique user name and password, (i) provide an e-mail address, (iii) indicate your current country of domicile, (iv) indicate your native language, (v) indicate the language you wish to practice, and (vi) indicate your gender. The Company does not and will not have access to your payment card information. You agree that the information you provide, at all times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept confidential, accurate and up-to-date at all times.
When you register you will be asked to provide a password. As you will be responsible for all charges and other activities that occur under your password, and you agree to keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Enok Horizon. You may be liable for the losses incurred by Enok Horizon or others due to any unauthorized use of your account.
Your LinCo account, and the minutes you purchase for use with your account, are for your use only. You agree not to share your user name and password or otherwise permit any other person to access or use your LinCo account or purchased minutes.
Note that Teachers may take notes specific to you that relate to your fluency, interests, gender, age and other information that may be discussed during the Session. The Company personnel and subsequent Teachers may view, utilize and add to the notes.
2. Obligations
2.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You're eligible to enter into this Agreement and you are at least our “Minimum Age.”
To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; and (2) you are not already restricted by Enok Horizon from using the Services.
“Minimum Age” means (a) 18 years old for 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 Enok Horizon to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age.
2.2 Payment
You'll honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
Method of Billing. Students pay for minutes prior to a Session, in accordance with the fees listed in the Site or App at the time you initiate the Session. LinCo may also offer use of the Service through other payment plans, such as monthly subscriptions. To the extent use of the Service is offered through other payment plans, additional terms and conditions (as displayed to you at the at the time of purchase or contained in an updated version of this Agreement) may apply. If you access the Service through the App, payment will occur through the Apple App Store. If you access the Service through the Site, payment will occur through a third party payment systems (e.g., PayPal). All payment terms and conditions are governed by your applicable agreements with Apple and the third party payment system.
Refunds. Purchased minutes are non-refundable, and minutes used for a Session are non-creditable. In the event you have been mistakenly charged for minutes you did not purchase, you may request a refund. If minutes were purchased on the App, refunds will be handled by the Apple App Store as described at http://support.apple.com/kb/HT1933. If you purchased minutes through the Site, refunds can be handled by the third party payment system or LinCo. If you feel you have been charged in error, please contact LinCo at customerservice@enokorizon.com. A refund request must be received by LinCo within thirty (30) days of the charge in order to be considered.
Timing. To the extent you are using the Service through the use of purchased minutes, then you will begin being charged per minute of the Session after the first minute of the Session. If you terminate a Session within 59 seconds of beginning the Session, you will not be charged for that Session. If you run out of paid minutes prior to a Session ending, the Session will terminate and you will be prompted to purchase more minutes.
2.3 Video Chat Sessions
Engaging in a Session requires compatible hardware and may require the download and installation of specified software. You are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system, and hereby assume all risk and liability associated with such hardware and software. You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with Sessions, the Site, the App and the Service generally.
In connection with your participation in any Session, you agree not to engage in any activity that would infringe, misappropriate or violate any third party intellectual property rights or that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate. You agree to engage in Sessions for the sole purpose of practicing your language skills. You acknowledge that the Company does not have any duty to monitor Sessions or have any control over the content of a Session, and that you may be exposed to material that you find objectionable in the course of engaging in a Session and that the Company shall have no liability in connection therewith. Enok Horizon may, at any time, remove any user that in the sole judgment of the Company violates this Agreement. To report any inappropriate activity with respect to a Session, please e-mail Enok Horizon at customerservice@enokorizon.com.
In connection with your use of the Service, Site and App, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage the Company or any third party; (ii) submit material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; or (iii) post advertisements or solicitations of business. Enok Horizon does not endorse any opinion, recommendation, or advice expressed by Teachers or other students, and Enok Horizon expressly disclaims any and all liability in connection with such opinions, recommendations or advice. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
Sessions may be recorded or monitored by Enok Horizon, through our video steaming chat provider XXX. You hereby consent to: (i) the monitoring or recording of any Session you engage in, including your likeness therein; (ii) Enok Horizon copying and using such recordings for any business purpose, including without limitation for purposes of Teacher evaluation, Teacher training, dispute resolution and improving the Service; (iii) such recording being made available to the other party to the Session; (iv) such recording being used by Enok Horizon for advertising and marketing purposes; (v) such recordings being made available for you to review, (vi) such recording being used or disclosed by the Company to the extent required by law or legal process or to the extent the Company deems necessary for purposes of enforcing or protecting its rights or the rights of a third party. You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent Enok Horizon from using Session recordings as contemplated hereunder, and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license under any intellectual property rights you may have in or to any Session recording or content therein to the Company to copy, modify, distribute and use such recording and content for its business purposes or as required by law or legal process. If you have any questions concerning XXX and its practices, you may visit our website and learn how to contact XXX at http://www.xxx.com.
2.4 Prohibited Uses.
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions: You Agree that you will not under any circumstances:
ü Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
ü Use the Service for any unlawful purpose or for the promotion of illegal activities;
ü Attempt to, or harass, abuse or harm another person or group;
ü Use another account without permission;
ü Provide false or inaccurate information when registering an account;
ü Interfere or attempt to interfere with the proper functioning of the Service;
ü Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
ü Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
ü Publish or link to malicious content intended to damage or disrupt another browser or computer.
ü Use the Service, Site or App for any purpose that is unlawful or prohibited by this Agreement. Access to the IP Materials and the Service, Site or App from territories where their contents are illegal is strictly prohibited. Students and Teachers are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, e-mail, or privacy.
2.5 Communications.
Under this Agreement, you consent to receive communications from Enok Horizono electronically. We will communicate with you by e-mail or by posting notices on the Service, Site or App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2.6. Notices and Service Messages
You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
2.7 Member Disagreements.
You alone are responsible for your involvement with Teachers or other Students. Enok Horizon reserves the right, but has no obligation, to monitor disagreements between you and Teachers or other Students.
3. Rights and Limits
3.1. Your License to Enok Horizon
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. You agree that we may access, store, and use any information that you provide in accordance with the term of the Privacy Policy. You agree to only provide content or information if that does not violate the law or anyone’s rights (e.g. without violating any intellectual property rights or breaching a contract).
3.2 Service Availability
Enok Horizon may make changes to or discontinue any of the media, products or services available within the Service, Site or App at any time, and without notice. The media, products or services on the Service, Site or App may be out of date, and the Company makes no commitment to update these materials on the Service, Site or App
Enok Horizon can’t promise to store or keep showing any information and content. Enok Horizon is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
3.3 Ownership; Proprietary Rights
The Service, Site and App are owned and operated by Enok Horizon. The videos, content, visual interface, information,, graphics, design, compilation, code, products, software, services and all other elements of the Service, Site and App (“IP Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All IP Materials are property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Enok Horizon, you agree not to sell, distribute, license, copy, modify, publicly display, transmit, publish edit, adapt, create derivative works from, or otherwise make unauthorized use of the Company’s IP Materials.
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4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, LINKEDIN (AND THOSE THAT LINKEDIN WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS LINKEDIN HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), LINKEDIN (AND THOSE THAT LINKEDIN WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF LINKEDIN (AND THOSE THAT LINKEDIN WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LINKEDIN AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF LINKEDIN HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
4.3 Indeminfication
You agree to indemnify and hold LinCo, and its affiliated companies, and its suppliers, licensors and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Service, Site or App, violation of the rights of any other person or entity, or any breach of this Agreement. LinCo reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
4.4 Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LINCO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE LINCO MATERIALS ON THE SERVICE, THE SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH LINCO, EVEN IF LINCO OR A LINCO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LINCO’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL LINCO’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO LINCO HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM AND (B) FIFTY (50) U.S. DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN LINCO AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICE.
5. Termination
We can each end this Agreement anytime we want.
Enok Horizon or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
· Our rights to use and disclose your feedback;
· Your rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
· Sections x,x,x,x, of this Agreement;
· Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Center to learn how to close your EnokHorizon account.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law.
You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Santa Clara County, California, USA, and we each agree to personal jurisdiction in those courts.
Except as explicitly stated otherwise, legal notices shall be served on Enok Horizon by internationally recognized overnight courier and be sent to Substantia Law Group, 1900 South Norfolk St. #350, San Mateo, CA 94403 and shall be served on you to the e-mail address or mailing address you provide to the Company during the registration process. Notice shall be deemed given to Enok Horizon upon delivery by the courier, and given to you (if sent by e-mail) 24 hours after the e-mail is sent unless the Company is notified that the e-mail address is invalid or (if notice is sent by mail) five (5) days after mailing.
7. General Terms
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that Enok Horizon has waived its right to enforce this Agreement. You may not assign or transfer this Agreement or your Services to anyone without our consent. However, you agree that Enok Horizon may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 8.
8. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members. If you wish to contact us, the designated persons responsible in China and in the U.S. is as follows: