Last Updated Date: March 15, 2022
I. Account Registration
In order to access or use certain features of the Service must register for an account (“Account“). You agree to provide accurate, current and complete information during the registration process and at all times when you use the Service and to update such information if it changes. Digitodontics reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for protection your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Digitodontics of any unauthorized use of your Account. To use our Services, you must be of legal age to form a binding contract under applicable law.
III. Copyright and Intellectual Property
The Service and Content are protected by copyright, trademark, and other laws of the European Union and foreign countries. Except as expressly provided in these Terms, Digitodontics exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content. All trademarks, logos, trade names and any other proprietary designations of Digitodontics used herein are trademarks or registered trademarks of Digitodontics. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
IV. License to Use the Services
“Content” on the Service means any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on the Service. Subject to your compliance with these Terms, Digitodontics grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Service, to access, use, view and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Digitodontics, except for the licenses and rights expressly granted in these Terms.
V. Submission of Content
You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Digitodontics the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the Content or Digitodontics’s use of the User Content (or any portion thereof) otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Where the option is given to you, you may make payment for the Services (the ” Services Fee“) by way of PayPal financial services (“PayPal“). All payments made in the course of your use of the Services are made using Stripe or PayPal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe or PayPal terms and conditions which are available on their website. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee. You agree and acknowledge that Digitodontics can vary the Services Fee at any time.
VII. Refund Policy
Digitodontics will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the director of Digitodontics makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the “Refund“).
VIII. Copyright Policy
Digitodontics respects copyright law and expects its users to do the same. Digitodontics has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
IX. Obligations and Prohibitions
You agree not to do any of the following:
- Access or use the Service unless you are of legal age and you can form legally binding contracts under applicable law.
- Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or any duty of confidentiality that you owe to another party; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) promotes, encourages, or engages in terrorism violence against people, animals, or property; (vii) promotes, demonstrates or constitutes illegal or harmful activities or substances; or (viii) promotes, encourages, or engages in child pornography or the exploitation of children.
- Use, display, mirror or frame the Service, or any individual element within the Service, Digitodontics’s name, any Digitodontics trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Digitodontics’s express written consent;
- Access, tamper with, or use non-public areas of the Service, Digitodontics’s computer systems, or the technical delivery systems of Digitodontics’s providers;
- Attempt to probe, scan, or test the vulnerability of any Digitodontics system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Digitodontics or any of Digitodontics’s providers or any other third party (including another user) to protect the Service or Content;
- Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Digitodontics or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Digitodontics trademark, logo URL or product name without Digitodontics’s express written consent;
- Use the Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
- Interfere with, or attempt to interfere with, the operation of the Service and Content, the access of any user, host or network, including, without limitation, hacking, cracking, sending or installing any kind of computer virus designed to be capable of disrupting, damaging, or limiting the functionality of any software or hardware, overloading, flooding, spamming, or mail-bombing the Service;
- Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Digitodontics may investigate and prosecute violations of any of the above to the fullest extent of the law. Digitodontics may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Digitodontics has no obligation to monitor your access to or use of the Service or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Digitodontics reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Content, that Digitodontics, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service or otherwise violates any applicable law.
X. Third-party Links
The Service may contain links to third-party websites and services. Digitodontics does not control or endorse these third-party websites. Digitodontics is not responsible for the availability, appropriateness, accuracy, content, advertising, product or services of such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. By using the Service, you expressly release Digitodontics from any and all liability arising from your use of any third-party website or on-line resource. Accordingly, Digitodontics encourages you to be aware when you leave the Service and to review the terms and conditions, privacy policies, and other governing documents of each website that you may visit.
Digitodontics reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Service after we have posted a modification on the Website or via the Service or have provided you with notice of a modification, you are indicating that your agreement and express consent to be bound by the modified Terms.
XII. Termination and Account Cancellation
If you breach any of these Terms or otherwise violate applicable law, in its sole discretion and without prior notice to you, Digitodontics has the right to suspend, disable, terminate or cancel your Account and/or terminate these Terms – and you shall not be entitled to any refunds, credits or other consideration for any forfeited fees. Except as set forth herein, Digitodontics is under no obligation to continue to support the Service in any way, or to provide you with updates or error corrections to Service provided, however, that we may, in our sole discretion, provide you will a refund, or credit. Except as otherwise expressly stated, your rights under these Terms will terminate immediately and automatically, with or without notice in Digitodontics’s sole discretion, if Digitodontics ceases to support the Service. Digitodontics reserves the right to revoke, suspend, cancel or disable your access to and use of the Service and Content at any time, with or without cause.
OTHER THAN AS EXPRESSLY PROVIDED IN WRITING BY DIGITODONTICS IN CONNECTION WITH YOUR PURCHASE OF A DIGITODONTICS PRODUCT, THE SERVICE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE“, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DIGITODONTICS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DIGITODONTICS MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DIGITODONTICS MAKES NO WARRANTY THAT DIGITODONTICS WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR COURSE FOR ANY PARTICULAR LENGTH OF TIME AND DIGITODONTICS RESERVES THE RIGHT TO CHANGE AND UPDATE THE SERVICE AND ANY COURSES WITHOUT NOTICE TO YOU. DIGITODONTICS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DIGITODONTICS OR THROUGH THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.
THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICE.
You agree to defend, indemnify, and hold Digitodontics, its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service or Content; (ii) your violation of these Terms or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive the termination or expiration of these Terms or your use of the Service.
XV. Limitation and Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DIGITODONTICS NOR ANY OTHER COMPANY OR INDIVIDUAL INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIGITODONTICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT EUROPEAN UNION LAW APPLIES TO YOU, THIS EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DIGITODONTICS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED ONE HUNDRED EUROS (€100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DIGITODONTICS AND YOU.
XVI. Dispute Resolution
If a dispute (“Dispute“) arises out of or relates to the Terms, either party may not commence any Court proceedings in relation to the dispute, unless these clauses have been complied; (i) must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute; (ii) on receipt of the notice (“Notice“) by that other party, the parties to the Terms (“Parties“) must within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (iii) if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation. The mediation will be held in Bordeaux, France. If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
XVII. Governing Law and Jurisdiction
The Terms are governed by the laws of France and European Union. Any Dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of France and European Union, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. The Services offered by Digitodontics is intended to be viewed by local and international users. In the event of any dispute arising out of or in relation to the Website, Service, and/or Content you agree that the exclusive venue for resolving any dispute shall be in the courts of Bordeaux, France. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
You may not assign or transfer these Terms, by operation of law or otherwise, without Digitodontics’s prior written consent and any attempt by you to do so will be null and of no effect. Digitodontics may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You consent to receive notifications from Digitodontics electronically to the email address you provide. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You agree that you can store such electronic communications such that they remain accessible to you in unchanged form.
XX. Entire Agreement
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Digitodontics and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Digitodontics and you regarding the Website, Service and Content.