Terms and conditions
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.
2 Platform Usage Rights
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.
3.2 The use of the Platform is at the User's own expense and risk.
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.
6.6 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.
10.4 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.
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.
12 Applicable Law and Competent Court