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Terms & Conditions
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1. Application, amendments to the terms and conditions of use
 
1.1 The services you are registering for are offered by Checkdent, s.r.o. domiciled at Kopcianska 10, SK-85101 Bratislava, IDN 45 931 381 (hereinafter also referred to as “Checkdent” or “we”). Checkdent offers you the use of its services on the basis of these terms and conditions of use. By registering for or using our services you agree to the application of the terms and conditions of use. You may not use the services offered if you do not wish to be bound by these terms and conditions of use.
 
1.2 Checkdent reserves the right to amend the terms and conditions of use with future effect. In this case, Checkdent will notify you of amendments to the terms and conditions of use in advance and will draw your attention to the fact that the amendments will be deemed accepted if you do not reject them within four weeks, or when you next use the service. We may also inform you of amendments to these terms and conditions of use by publishing notices or links on our website.

 
2. Registration, eligibility requirements, legally binding declarations
 
2.1 Only users who have full legal capacity or who act with their legal representative’s consent are eligible to use the services.
 
2.2 You are obliged to provide truthful, accurate, up-to-date and complete information as requested on the registration form, and to keep your data up-to-date and correct at all times in your member account.
 
2.3 We wish to draw your attention to the fact that you may receive legally binding declarations (e.g. confirmation e-mails, amendments to the terms and conditions of use) by e-mail. In particular, these shall be deemed to have been received if, under normal conditions, they can be accessed in your mailbox on our website.
 
2.4 Your member account shall be neither transferable nor inheritable.
 
 
3. Termination, blocking of your member account
 
3.1 You may delete your member account at any time and for any reason. Checkdent will then delete the data stored on your behalf.

3.2 You agree that Checkdent may terminate your password, your member account (or parts thereof or certain content contained therein), or any other use of our services by you at its own discretion and for any reason, and may delete any of your content. This shall apply particularly if you have not used the Checkdent services for an extended period of time, i.e. for at least six months after initially registering for the Checkdent services, or for at least six months after your last registered use, or if Checkdent has reason to presume that you have violated these terms and conditions of use or have acted contrary to fundamental principles of the terms and conditions of use.
 
3.3 You agree that your access to the Checkdent services may be interrupted in accordance with the provisions of this agreement without prior notice and/or your consent, and that Checkdent may immediately block or delete your member account and all information and files without prior notice and/or your consent and/or prohibit any further access to such files or to the services.
 
3.4 In the event that your member account is deleted, you may only access our services again with our prior express written consent. Neither may you allow a user whose member account has been deleted or blocked to use your member account to access the services.
 
3.5 The obligations contained in figures 4.2, 4.3, 5, 6, 9, 10, 11, 12 and 13 of these terms and conditions of use shall continue to apply even after the member account has been deleted if their application relates to your behaviour prior to the deletion.
 
 
4. General duties of the user
 
4.1 You must ensure that your member account is used only by you personally and must keep your password secret to this end.
 
4.2 You accept that the registered holder of a member account is fully responsible for all activity connected with his or her member account. If you have permitted another person, e.g. a minor, to use your account without the consent of his or her legal guardian, you accept full responsibility for this user’s actions, for controlling their access, and for their use of the services and the consequences of any misuse.
 
4.3 You will inform us immediately in writing of any improper use of your password or member account, and of any other violation of security measures, and shall be liable to Checkdent for any misuse of your member account caused by you.
 
4.4 You will procure the enabling technology you require to use the services (e.g. Internet connection, mobile phone connection) yourself at your own expense.
 
4.5 You undertake not to take any actions which could affect the functioning of our services (e.g. by means of software or other scripts). In particular, you undertake not to use “robot”, “spider” or “offline reader” software which generates user requests automatically over the Internet. Neither will you modify, overwrite, copy or distribute areas of the website, including areas belonging to other users, which have not made provided by us for this purpose. You shall be held fully liable for damage caused by any of the above actions.
 
 
5. Responsibility, prohibited content and behaviour
 
5.1 The responsibility for all information, data, text, software, music, sounds, photos, images, videos, messages or other materials (hereinafter referred to as “content”) stored, published or transmitted by you or other users using the Checkdent services shall rest wholly and unreservedly with the person from whom such content originates; that is to say that you shall be wholly and unreservedly responsible for content which you have created yourself, but also for content which you have obtained from other sources, and which you store, publish and/or transmit using our services. Any liability and/or possible claims for compensation against ourselves shall be excluded in this regard.

 
5.2 Checkdent does not generally monitor content that you or other users store, publish and/or transmit using our services and therefore accepts no liability and/or responsibility for the correctness, adequacy and quality of such content. Content that is stored, published or transmitted by users within the scope of the Checkdent services is intended for information only and Checkdent assumes no liability or responsibility for damage suffered by a user or a third party as a result of using this content and/or in connection with the use of this content. You are aware that by using the services you may be exposed to content of an offensive or otherwise objectionable nature if the user responsible for this content does not adhere to the provisions of these terms and conditions of use or the relevant laws.
 
5.3 While using the Checkdent services you may not:
  • save, publish and/or transmit data, text, files, links, software or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist or in any other way objectionable under the relevant statutory provisions or in the opinion of Checkdent, or which could cause harm to minors in any way, in particular content that is pornographic, glorifies violence, or is otherwise harmful to young people;
  • save, publish and/or transmit content that violates the rights of third parties, in particular patents, trademarks, copyrights and related rights, business secrets, personal rights or ownership rights;
  • save, publish and/or transmit material that contains software viruses or other information, files or programs that are intended for or capable of disrupting or limiting the function of computer software or hardware, or of telecommunications equipment;
  • save, publish and/or transmit content that you are not entitled to circulate;
  • impersonate another person within the scope of the Checkdent services, e.g. a representative of Checkdent or another person responsible for the services, or profess to a non-existent relationship to such persons;
  • falsify headers or manipulate identifying features in any other way in order to conceal the origin of content transmitted within the scope of the services;
  • save, publish and/or transmit unsolicited adverts, promotional material, junk or mass e-mails (spam), chain letters, snowball schemes or other advertisements;
  • breach national or international laws including exchange rules (e.g. those of the New York Stock Exchange, the American Stock Exchange, the NASDAQ or the Frankfurt Stock Exchange) in connection with the use of our services;
  • harass, insult, threaten, defame, distress or embarrass anyone, be they a natural or legal person or a company, or in any other way cause inconvenience to or make or circulate untrue claims in relation to any natural or legal person or company;
  • gather, save or transmit personal data about other users without the consent of the people concerned.
 
5.4 Although we do not generally check users’ content, we reserve the exclusive right to reject, block or delete content that can be accessed on our website with immediate effect without stating reasons, or to publish such content in a different place on the website, particularly users’ content which violates these terms and conditions of use.
 
6. Users’ content
 
6.1 Checkdent permits you to use our services in compliance with the statutory provisions and the provisions of these terms and conditions of use in order to save, publish and transmit content, and to share it with other users. Checkdent does not check this content. Only the author shall be held liable for this content.

6.2. You guarantee that the content you transmit (text, images, videos, audio etc. in digital form) does not violate the rights of third parties (including their personal rights and ownership rights) and that you have the rights of use required to fulfil this agreement, and that you have, at no point in the past, either wholly or partially entered into an undertaking contrary to the granting of rights under this section. If you are prevented from making one of the above assurances for legal reasons, or if you doubt your capacity to do so, you must inform us immediately upon becoming aware of the actual or perceived legal obstacle, and issue the information specified in section 7.2 of these terms and conditions of use. If the legal obstacle or uncertainty cannot be resolved within a reasonable period, that is to say within 10 days at the latest, we shall be entitled to withdraw from the agreement with you and to immediately block or delete the relevant content available on the Checkdent website, to terminate any other use of our services by you, and to delete your member account and any content associated therewith.

6.3. You shall be held liable for any infringement of rights and undertake to reimburse us for all damages and costs incurred as a result thereof without delay at our first request. You undertake to release us from any liability pursuant to section 11 of this agreement and to hold us harmless and indemnify us from claims asserted by third parties.

6.4. By uploading content you grant us an exclusive right to use the content, which shall be unrestricted in terms of time and place and shall be free of charge for ourselves. This right includes the right to publish, edit, reproduce and circulate the content in electronic form on the Checkdent website. Also included is the right to distribute the content on data carriers in our own online database or in the online database of an affiliated company, and the right to lease the content transmitted in return for payment or free of charge (right of publication). This right to use the work shall exist regardless of the existence of your member account. You shall not be entitled to any further claims as a result of the use of the work. We shall be entitled to transfer the right to use the work granted by you in favour of Checkdent to third parties.
 
6.5 You are aware that ads will be placed in close proximity to your content (particularly in the case of videos) and expressly agree to this. You also permit us to generate reduced-size versions (thumbnails) of pictures and videos to improve the use of the website, particularly by means of a search function, and to include these on the Checkdent website.

 
7. Information about infringements of rights
 
7.1 Checkdent respects the intellectual property rights of third parties and asks its users to do the same.
 
7.2 If you believe that your intellectual property rights have been violated by the content of another user who uses our services to store, publish or transmit his or her content, please inform us of this and provide the following information:

 
  • a description of the copyright protected material that you believe has been infringed;
  • a description of where the material that you believe infringes copyright is located;
  • an electronic or hand-written signature of the person entitled to act on behalf of the holder of the rights;
  • your address, telephone number and e-mail address;
  • a declaration that, to the best of your knowledge, the use objected to has not been authorised by the holder of the rights, by his or her representative or by law;
  • an affirmation in lieu of oath that the above information is true and that you are the holder of the intellectual property rights or are entitled to act on behalf of the holder of the rights.
 
7.3 Please inform us of all violations of these terms and conditions of use resulting from prohibited content. If you discover that another user’s content violates these terms and conditions or use or statutory provisions, please inform us immediately in writing using our report abuse form. Please enter the identification data of the person who has not obeyed the rules, together with the relevant content or a description thereof in the relevant field.
 
 
8. Data protection
 
Please read our privacy statement.
 
 
9. Exclusion of warranty, links
 
9.1 We offer our services at our own discretion. You use our services at your own risk. This applies particularly to the downloading or other use of content, particularly other users’ content, offered through our services. You shall be solely responsible for any damage to your computer system or other technical equipment used, for the loss of data or for other damage, and also for damage suffered by third parties that you cause in this connection.
 
9.2 Checkdent guarantees neither to you nor to any other person that the services meet your requirements and are available securely, without disruption, in a timely manner, and free from defects at all times. Checkdent shall assume no warranty for the results which can be achieved through the use of the services, or for the correctness and reliability of the information available on the website. Neither shall Checkdent guarantee that the hardware and software used for our services functions properly at all times, or that any errors in the hardware or software will be corrected, and shall assume no liability for damages resulting from the use of, or impossibility of using the Checkdent services, including loss of data or data corruption. In particular, Checkdent shall not be liable for the costs of procuring a replacement, or for costs incurred in connection with any goods or services purchased, messages received, or other transactions, or in connection with changes to your entries or data or otherwise connected with the Checkdent services. Neither shall Checkdent assume any liability for the behaviour of users or other third parties or for content or declarations passed on by users or other third parties within the scope of the services.
 
9.3 The contents of the Checkdent.com Site, such as text, graphics, images, and other material contained on the Checkdent.com Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your dentist, physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Checkdent Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Checkdent does not recommend or endorse any specific dentists, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Checkdent, Checkdent employees, dentist, students, or other visitors to the Site is solely at your own risk.
 
9.4 Our services may contain links to other websites and services, including content stored on our servers by users of our services within the scope of our services. We do not check these links or adopt content or third-party sources offered in this way as our own, and exclude any liability or warranty in relation to these.
 

10. Liability and limitation of liability
 
10.1 Claims for damages against Checkdent shall be based on the relevant provisions of valid Slovakian law.

10.2 In the event of a damage claim against Checkdent, Checkdent shall be liable up to a maximum amount of EUR 5,000.
 
10.3 Claims for damages against Checkdent shall become time-barred in accordance with valid Slovakian law.
 
 
11. Release from liability
 
You hereby declare that you will release Checkdent, companies affiliated with Checkdent, and employees, workers, staff, representatives, shareholders and vicarious agents of Checkdent and/or companies affiliated with Checkdent in relation to claims of any sort that are asserted by third parties by reason of or in connection with content that you store, publish and/or transmit within the scope of the Checkdent services, or that are asserted by you by reason of your use of our services or by reason of violations of these terms and conditions of use, the valid legal provisions or rights held by third parties at Checkdent’s first request and will hold Checkdent harmless. This shall also include reasonable legal and court fees in each case.
 
 
12. Trademarks and other industrial property rights owned by Checkdent
 
You acknowledge that Checkdent shall be solely entitled to all rights to the services offered by Checkdent and their identification, including any trademark, patent, licencing rights, copyrights or other rights or similar legal positions, and will not use these without obtaining Checkdent’s prior express written consent, or remove references to Checkdent’s rights ownership. In particular, you may not use the Checkdent brand name, copy, modify, or reverse engineer software, and neither may you attempt to discover the source code, sell or assign any software, grant licences relating to this, or transfer any rights to the software or invoke any rights. To clarify, the above does not apply to your own content that you upload to our website and to such content uploaded by other users. In this respect, you will respect the rights of the respective other persons entitled to this content, however.
 
 
13. Applicable law, place of fulfilment, place of jurisdiction
 
13.1 Slovakian law shall apply to the exclusion of the U.N. Convention of the International Sale of Goods.
 
13.2 The place of fulfilment and the sole place of jurisdiction shall be Bratislava, Slovakia, if legally permissible.
 
13.3 No additional verbal agreements exist. Amendments to the terms of agreement must be made in writing to take effect. This also applies to the abolition or amendment of this requirement of written form.
 
13.4 Should individual provisions of this agreement be or become wholly or partially invalid, the agreement shall remain valid for the rest. In the event of such invalidity, the contractual parties will replace the invalid provision with a legally valid provision that most closely reflects the original economic purpose and spirit of the provision concerned. The same shall apply to any omissions or gaps in the agreement.
 
 
Last updated: 13 September 2011
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