Terms and conditions

These terms of use ("Terms of Use") describe the conditions under which the online video platform and the mobile iOS and Android Apps, called Dental Matter, provided by FILMD BV, can be used by users to view content ("Platform"). The Platform is operated by FILMD BV, registered with the Chamber of Commerce under number 82274541 and located at Zandstraat 193, 4614 CE Bergen op Zoom, the Netherlands ("FILMD"). For questions about the Platform or these Terms of Use, you can contact us via email at info@dental-matter.com or by phone at +31 88 848 4100.

Definitions

User: The visitor of the Platform who uses the services provided by FILMD through the Platform and creates an account for this purpose.

Visitor: The visitor of the Platform.

Data: The personal data of a User processed by FILMD.

Platform: The online services of Dental Matter performed by FILMD.

Subscription: The agreement between FILMD and the User, where the User pays for monthly or annual usage of the services provided by FILMD.

1 Applicability

1.1 These Terms of Use apply to the use of the Platform developed by FILMD in collaboration with TradeCast B.V.

1.2 By using the Platform, the user of the Platform ("User") agrees to these Terms of Use and any additional terms/adjustments to ensure the proper functioning of the Platform.

1.3 These Terms of Use and the privacy policy of Dental Matter can be consulted, downloaded, and printed from the linked page for storage or printing purposes. The User can also request a written copy from FILMD using the contact information provided in this document.

1.4 If the Platform uses services provided by third parties, the general terms and conditions and privacy policy of the respective third parties also apply. FILMD is not responsible for the services and the privacy and cookie policies of third parties.

1.5 If (promotional) actions can be participated in via the Platform, additional conditions may apply. To the extent that these additional conditions conflict with these Terms of Use, the additional conditions of the respective (promotional) action prevail.

1.6 FILMD may modify these Terms of Use from time to time. It is therefore advisable to review the Terms of Use periodically.

2 Platform Usage Rights

2.1 To use the Platform, the User must visit the Platform website. The User is required to use the Platform in accordance with these Terms of Use and the terms of the provider from which the User accesses the Platform. There may also be terms of the equipment provider, such as a smartphone or tablet, used by the User to access the Platform that are applicable.

2.2 From the moment of registration, FILMD grants the User a non-exclusive, non-sub licensable, and non-transferable right to use the Platform for personal use. The User is not allowed to use the Platform for commercial purposes.

2.3 The User may not make the Platform available to third parties (including providing login credentials), sell, rent, decompile, subject to reverse engineering, or modify the Platform without prior written consent from FILMD. The User is also not allowed to remove or bypass technical measures intended to protect the Platform.

2.4 FILMD has the right at all times to modify the Platform, modify or delete data, deny the User access to the Platform by terminating the usage rights, restrict the use of the Platform, or deny access to the Platform, in whole or in part, temporarily or permanently. FILMD will inform the User about this in an appropriate manner.

2.5 FILMD endeavors to keep the Platform functional for the benefit of the User to the best of its ability, but it does not guarantee that the Platform will always remain available in the future and operate without any errors.

3.1 After entering the Platform, the User is provided with the opportunity to register on the Platform by following the provided instructions. The requested information, such as name and email address, may be required to use the Platform. The processing of personal data through the Platform is subject to FILMD's privacy policy. Only fully and truthfully completed registrations will be processed. In case of any changes to this information, the User must update the details on the Platform.

3.2 The use of the Platform is at the User's own expense and risk.

3.3 If the User is under 16 years of age, they must have the consent of a parent or legal guardian to use the Platform. By accepting these Terms of Use, the User guarantees that they are 16 years of age or older, or that they have the consent of a parent or legal guardian.

3.4 The Platform only functions with the necessary equipment and internet connections. In order to use the Platform, the User must provide and bear the cost of the necessary equipment, system software, and internet connection.

3.5 To prevent misuse, disruptions, and other issues, the User must ensure that the equipment and connections are sufficiently secure, for example, against unauthorized use by third parties and viruses.

3.6 The User warrants to FILMD that the used equipment and connections do not cause any damage to FILMD and/or Tradecast B.V., nor infringe upon the rights of FILMD and/or Tradecast B.V. or third parties.

3.7 The User shall at all times respect the name and reputation of FILMD and ensure that their use of the Platform does not in any way harm the rights and/or reputation of FILMD.

4.1 If the User can submit information, data, images, video and audio clips, and other content ("Contribution") through the Platform, the Contribution must not, under any circumstances, have illegal or offensive (including sexist, pornographic, racist, and discriminatory) content or otherwise violate the privacy of third parties. In such cases, the User guarantees that the Contribution does not infringe upon the (intellectual property) rights of third parties, and indemnifies FILMD against any possible claims from third parties resulting from the posting of a Contribution through the Platform.

4.2 By submitting a Contribution through the Platform, the User transfers the intellectual property rights and/or similar rights thereto, to the extent they belong to the User, to FILMD, without FILMD being obligated to pay any compensation to the User. If a further deed is required for this transfer, the User shall provide all necessary cooperation upon FILMD's first request. If the transfer of intellectual property rights and/or similar rights to the User's Contribution is not possible, the User hereby grants FILMD an exclusive, irrevocable, sublicensable, and transferrable license to use the Contribution. The User hereby waives all possible moral rights to the extent permitted by applicable law. By transferring or licensing the User's Contribution, FILMD is authorized to use and exploit the Contribution without limitations through any media and in any form, including through television programs and websites.

5.1 All intellectual property rights and/or similar rights to the content of the Platform, including the data contained therein, the underlying software, images, texts, and video and audio clips, exclusively and solely belong to FILMD or its licensors. Without prior written permission from FILMD, it is not allowed to copy or disclose any part/content of the Platform, in (un)modified form, exploit it, or use it in any other way.

5.2 If it is reasonably evident to FILMD that the Platform infringes upon any rights of a third party, FILMD is entitled, at its own discretion, to either provide equivalent content or immediately cease the provision of the Platform. Any further liability, obligation to perform, and/or obligation to provide compensation are excluded.

6.1 The Platform has been compiled with the utmost care. However, FILMD cannot guarantee that the Platform will always be available or operational without interruption, errors, or defects, or that the provided information is complete, accurate, or up to date. FILMD reserves the right to temporarily or permanently discontinue the Platform (without prior notice), without the User having any rights thereto.

6.2 FILMD is not liable for any damages or costs resulting from the User's equipment and connections, including but not limited to damages resulting from non-delivery, delay, manipulation, or interception of electronic messages, or the improper functioning of the Platform, and any resulting damages.

6.3 FILMD is not liable for the accuracy of information, Contributions, and other materials or expressions posted or provided by Users or third parties through the Platform. FILMD reserves the right to (without prior notice) remove certain information, Contributions, or other materials or expressions posted on the Platform.

6.4 FILMD does not provide any warranties regarding the use of the Platform or its content, and FILMD is not liable for any damages or injuries resulting from the use of the Platform or its content.

6.5 The exclusions of liability mentioned in this article and these Terms of Use also apply to all assistants and third parties engaged by FILMD.

6.6 The limitations of liability mentioned in this article do not apply if the liability for damages is the result of intent or gross negligence on the part of FILMD.

6.7 The User indemnifies FILMD against any possible claims from third parties resulting from the use of the Platform, non-compliance or incorrect compliance with legal or contractual obligations towards FILMD, another user of the Platform, or a third party. The User shall compensate FILMD for all damages and costs incurred by FILMD as a result of such claims.

7 Privacy and Cookies

7.1 When processing personal data, FILMD complies with applicable regulations, including the General Data Protection Regulation. The way FILMD handles Users' personal data is described in the privacy statement.

7.2 FILMD uses the User's personal data for the following purposes: a) to make the Platform function, b) to enable the User to use the various features within the Platform, c) to customize the Platform to the User's personal preferences so that the User does not have to enter his/her data repeatedly, d) to further develop and improve the Platform, e) for statistical purposes, f) to offer the User promotions and benefits related to FILMD's services and products through the Platform, provided that the User has given consent for such purposes, g) to send push notifications and emails via the Platform and Mailchimp with news, offers, tips, and benefits. The User can unsubscribe from the emails by using the "unsubscribe button" in the email.

8 Termination of Platform Use and Subscription by User

8.1 The User may terminate the use of the Platform at any time by removing or uninstalling the Platform from his/her (mobile) device or ceasing to use the Platform.

8.2 Termination of Subscription Use by User.

If the User wishes to cancel a Subscription, it is possible to do so in the following way:

Log in to the Platform with the email address and password.

Click on 'Account' in the menu bar.

Click on 'Purchases.'

Click on 'Cancel subscription.'

Provide a reason and click on 'Confirm cancellation.'

The Subscription will not be renewed on the next payment date. No payment will be charged to the User. The User can view media within the Product until the end of the already paid period.

9 Use of Third-Party Equipment and Software

9.1 The use of (mobile) equipment and software from third parties that may be required to use and/or access the Platform is subject to the applicable terms and conditions of these third parties. The User is responsible for complying with the applicable terms and conditions of these third parties. The terms and conditions of, among others, Apple and Google may apply when using the Platform.

10 Apple

10.1 In addition to these Terms of Use, the terms mentioned in this section apply when using Apple equipment and/or software.

10.2 Apple Inc. ('Apple') is not a party to the agreements between FILMD and the User and is not responsible for the Platform and its content. To the extent that the applicable usage rules and terms of Apple, available at www.apple.com, extend beyond or conflict with what is stated in these Terms of Use, the applicable usage rules of Apple prevail over these Terms of Use.

10.3 The license granted in Article 2 of these Terms of Use is limited to the use of the Platform on Apple-authorized devices and in accordance with Apple's applicable terms and conditions.

10.4 Apple is not obligated to provide any maintenance or support services in relation to the Platform.

10.5 Apple is not responsible and liable for any direct or indirect damages or costs incurred by the User or third parties, regardless of the legal grounds, resulting from the infringement of third-party intellectual property rights or the violation of applicable product liability law, consumer law, or any other applicable legal provisions.

10.6 By accepting these Terms of Use, the User confirms that he/she a) is not a resident of a country subject to an embargo issued by the competent authorities of the United States or designated by the competent authorities of the United States as a 'terrorist supporting country,' and b) is not listed on a list of 'prohibited or restricted parties' by the competent authorities of the United States.

10.7 Notwithstanding the provisions of Article 6:145 of the Dutch Civil Code, the User agrees that Apple is a third-party beneficiary with respect to the Terms of Use and that Apple has the right to enforce the provisions of the Terms of Use as if it were FILMD.

11 Google

11.1 In addition to these Terms of Use, the conditions mentioned in this article apply to the use of Google equipment and/or software:

11.2 Google Inc. ("Google") is not a party to the Agreement and is not responsible for the Platform and its Content. To the extent that the applicable usage policies and terms of Google, available at www.google.com, extend beyond or conflict with the provisions stated in these Terms of Use, the aforementioned applicable usage policies shall take precedence over the Terms of Use.

11.3 The license granted in Article 2 of the Terms of Use is limited to the use of the Platform on Google-authorized peripheral equipment and in accordance with the applicable terms of Google.

11.4 Google is not obligated to provide any maintenance and support services in relation to the Platform.

11.5 Google is not responsible and liable for any direct or indirect damages or costs to you or third parties, regardless of the cause, resulting from the infringement of third-party intellectual property rights or the violation of applicable product liability law, consumer law, or any other applicable legal provision.

11.6 By accepting these Terms of Use, the User confirms that he/she (i) is not a resident of a country subject to an embargo issued by the competent authorities of the United States or designated by the competent authorities of the United States as a "terrorist supporting country," and (ii) is not listed on a list of "prohibited or restricted parties" by the competent authorities of the United States.

11.7 Notwithstanding the provisions of Article 6:145 of the Dutch Civil Code, the User agrees that Google is a third-party beneficiary with respect to the Terms of Use and that Google has the right to enforce the provisions of the Platform Terms in its own name as if it were FILMD.

12 Applicable Law and Competent Court

12.1 These Terms of Use, the use of the Platform, and any disputes arising from or related to them shall be exclusively governed by Dutch law.

12.2 Any disputes arising from these Terms of Use or the use of the Platform shall be submitted to the competent court in FILMD.

FILMD is authorized to modify these Terms of Use from time to time.