Terms and Conditions
As amended 2 September 2010
Dental Records is committed to providing an excellent user experience. In order to provide this website and any of our services to you, you must agree to be bound by the following terms which form a legally binding contract between Dental Records (collectively, “we”, “our”) and you.
1 ACCEPTANCE OF TERMS
1.1 Access. Your access to and use of our website is subject exclusively to these terms and conditions. It is your responsibility to read and understand any terms and conditions that apply to your use of our website.
1.2 Acceptance. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions you must immediately stop using the Website.
1.3 Right to Amend Terms. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms and conditions at any time without further notice. If we do this, we will post the changes to these terms and conditions on this page and will indicate the effective date at the top. If you do not agree to (or cannot comply with) the terms and conditions as amended, your only remedy is to stop using the Website. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your continued use of the Website after any such changes constitutes your acceptance of the new terms and conditions.
2 CHILD SUPERVISION
2.1 Age restriction to register for services. If you are under the age of 16 you must obtain the consent of your parents or legal guardians for submitting any personal information to this Website. Children under the age of 13 should not submit any personal information without the written consent of their parents or legal guardian. If you are a child under 13 and want to submit personal information to us please ask your parent or legal guardian to send us an email at firstname.lastname@example.org specifying that they consent to us collecting your personal information through this Website. Parents or legal guardians may review or change the personal information of their children or refuse further collection of any such information by sending an email to us at email@example.com
3 OBJECTIONABLE MATERIAL
3.1 Objectionable Material. You understand that by using the Website, you may encounter content that may be deemed offensive, indecent, or objectionable, content that may or may not be identified as having explicit language. Nevertheless, you agree to use the Website at your sole risk and we will not be liable to you for content that may be found to be offensive, indecent, or objectionable. We do not guarantee the accuracy of any descriptions provided on our Website.
We recognise that your privacy is very important to you and that it is your right to control your personal information. We know that providing personal information is an act of trust and we take that trust seriously.
If you register with us we ask for your name and email address. We keep a record of this information, as it is necessary for us to recognise you and provide you with the services or information you have requested from us. We also use this information to improve our platform and prevent or detect abuses of our Website. We keep a record of any electronic correspondence you send us. This helps us keep track of any problems or concerns you’ve had with our Website or services.
4.2 Communications. In order to keep our users informed about the operation of our Website/Services, we may send e-mails and announcements to your personal email address that you have provided to us upon registration. We may also offer options for you to sign up for our mailing lists without having to use any product or service. For additional information and offers, we give you the option of joining our mailing lists. We may also allow you to choose whether to receive mailings from our artists and other promotional partners that we think will be of interest to you. Any promotional e-mail from us will come with instructions for how to unsubscribe from the mailing list.
4.3 Competitions. We may hold competitions in connection with the Service, or in partnership with one or more of our partners or sponsors, as part of which, we may request contact information from you when you enter. We will use the information you provide to conduct the competitions and for other purposes to which you consent. If we offer competitions with third parties, we may share the information we obtain from you with them. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to participate in the applicable competition.
4.4 Use of Vouchers. Vouchers for Services may be provided from time to time by us, our partners or sponsors. If you redeem a voucher to pay for Services, you may be required to provide additional personal information that may be shared with a third party. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to use the voucher.
4.6 Security. We have implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorised access or improper use. We employ SSL encryption to secure your personal data and payment information. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
5 USAGE RULES
5.1 Use of Content. You acknowledge that all information, text, graphics, logos, photographs, images, moving-images, sound, illustrations, software and other intellectual property (collectively, “Materials”) contained on this Website are protected by copyright and international laws. You may only access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials (or authorise others to) for commercial gain, unless authorised by the appropriate copyright owner(s)
5.2 Use of Content. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
5.3 Previews. A “Preview” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.
5.4 Use of the Website/Services. You agree not to:
(i) Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(ii) Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(iii) Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(iv) Threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(v) Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(vi) Make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
(vii) Collect or store personal information about others, including email addresses;
(viii) Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
(ix) Impersonate any person or entity for the purpose of misleading others;
(x) Violate any applicable laws or regulations;
(xi) Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
(xii) Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
(xiii) Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
5.5 Monitoring. We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
6.1 Termination. We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
7 LINKS TO THIRD PARTY WEBSITES
8 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 Intellectual Property. The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
9.2 Posted Material. We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold us harmless from and against any breach by you of these terms and conditions and any claim or demand brought against us by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these terms and conditions.
11 DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of the Website and related services is at your sole risk. The Website, Materials and related services are provided on an “as is” and “as available” basis. We make no representations or warranties with regard to the Website or any Materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
By using the Website, Materials or related services, you agree that we will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the Website, Materials or related services whether due to inaccuracy, error, omission or any other cause.
We make no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
Nothing in these terms and conditions shall affect your statutory rights as a consumer.
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
13 GOVERNING LAW