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Introduction

The Dentinal Tubules Site at http://www.dentinaltubules.com/ (the “Site”), is operated by Dentinal Tubules Limited (company registration number 06862496) (“we”/”us”/”our”).

By using the Site, you agree to all of the terms and conditions as set out below and they will govern your use of the Site.

These Terms of Use are effective from 1 April 2017. We may change these Terms of Use from time to time by updating this page. We will not necessarily bring changes or updates to your attention so please revisit this page periodically to re-read these Terms of Use and to ensure you are aware of any changes. Your use of the Site after a change has been made constitutes your acceptance of the amended Terms of Use.

How to Contact Us

If you have any queries regarding the Site or any of the information or materials contained on or in it, or about any part of these Terms of Use, please email contact@tubules.com.

Using the Site

These Terms of Use set out the basic rules that govern your use of the Site to access either read only content on the publicly facing pages (“Information Content”) or member-only content on the pages visible to subscribers (“Membership Content”) and for all other purposes relevant to the Site. The Site content is intended to be for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

1. Intellectual Property

1.1 We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights in the Site, and in the material published on it including the Information Content and the Membership Content. Your use of the Site grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.

1.2 If you are using the Site and have access to a printer then permission is hereby granted to electronically copy and to print in hard copy portions of the content of the Site for the sole purpose of your own personal use of this as an information resource for our Information Content and/or Membership Content, provided any copy which you make retains all copyright and other proprietary notices. Any other use of materials on the Site, including reproduction for purposes other than the above, modification, distribution or republication without our prior written consent is prohibited.

1.3 If you print, copy or download any part of the content on the Site in breach of these Terms of Use, we reserve the right to suspend or terminate your use of the Site immediately and you must, at our option, return or destroy any copies of the materials you have made.

1.4 Any infringement of our rights or those of our service and technology providers or group companies may result in appropriate legal action being taken against you.

2. Privacy

2.1 These Terms of Use refer to our Privacy and Cookies Policy http://www.dentinaltubules.com/privacy-policy, which also applies to your use of our Site. Our Privacy and Cookies Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to all such processing and you warrant that all data provided by you is accurate.

2.2 THIS CLAUSE 2.2 IS WITHOUT PREJUDICE TO CLAUSE 2.3. YOU SHOULD REFER TO OUR TERMS AND CONDITIONS GOVERNING PATIENT CONSENT IN WHICH YOU COMMIT TO OBTAIN PRIOR EXPLICIT CONSENT (WHICH IS DOCUMENTED FOR EVIDENCE PURPOSES) FROM ALL PATIENTS WHOSE PHOTOGRAPHS OR VIDEO IMAGES YOU SUPPLY TO US FOR USE WITHIN THE MEMBERSHIP CONTENT. YOU ARE RESPONSIBLE FOR ENSURING THAT THIS CONSENT COLLECTION OCCURS IN ACCORDANCE WITH RELEVANT DATA PROTECTION LAWS. THAT PROVISION IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. SHOULD YOU FAIL TO COMPLY WITH THIS REQUIREMENT, YOU WILL BE IN BREACH OF OUR TERMS AND CONDITIONS GOVERNING PATIENT CONSENT AND OF THESE TERMS OF USE. IN THAT EVENT, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THE SITE IMMEDIATELY. IF ANY DOUBT, CONTACT THE SITE ADMINISTRATOR FOR ADVICE AT contact@tubules.com.

2.3 Any consented photographs or video images that are presented must (notwithstanding that consent) also be anonymised and make the patient non-identifiable, e.g. obscuring their face or identifiable features.

3. Access

3.1 We do not guarantee that our Site, or any content on it, will always be available or uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

4. Links to Third Party Websites and Restrictions

4.1 The use of third party websites is entirely at your own risk. Links contained in the Site are provided for information only and will lead to other websites which may not be under our control, and we do not make any representation as to the accuracy, completeness, timeliness or suitability of information on those other websites and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Site are provided to you only for convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.

4.2 These Terms of Use do not apply to any third party website which is linked to the Site or to which the Site has a link. You should read the terms and conditions of those other websites before using them and direct any questions or comments about the content of those other websites to the person or entity who controls the relevant Site.

4.3 You are not entitled (nor will you assist others) to set up links from any other websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.

4.4 You agree that when accessing the Site you shall not price scrape or harvest pricing or any other content from the Site, either manually or by use of a web spider, web robot or any other web crawling technology.

5. Disclaimer of liability

5.1 While we have taken reasonable steps to ensure the accuracy and completeness of the information on the Site, all such information is provided on an “as is” basis and, except where prohibited by law, we give no warranty and make no representation regarding the accuracy or completeness of its content.

5.2 Some of the information contained on the Site may have been prepared or provided by third parties. Except where prohibited by law, no warranty is given that the Site will be available on an uninterrupted basis and, save as required by law, no liability can be accepted in respect of losses or damages arising out of such unavailability.

5.3 All express warranties, representations, conditions of any kind or other terms implied by statute or common law with respect to the Site or the information, content, materials or products included on the Site are hereby expressly excluded to the fullest extent permitted by law. Except where prohibited by law, we shall not be liable in any circumstances for any direct or indirect, special or consequential loss or damage (whether for profit or loss or otherwise) costs, claims, expenses or other claims for compensation whatsoever, whether caused by our acts, omissions or negligence or the acts, omissions or negligence of our employees or agents, which arise out of or in connection with the use of the Site or the information, content materials or products included on the Site, except in respect of death or personal injury caused by us, our employees’, or our agents’ proven negligence, fraud or fraudulent misrepresentation, breach of our statutory obligations which apply in connection with the sale and supply of products and services and which cannot be excluded by operation of law, or any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

5.4 In addition, except where prohibited by law, we are not liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Site, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:

5.4.1 any losses or damages arising out of changes made to the content of the Site by unauthorised third parties;

5.4.2 any loss of business, data, profits, revenue, goodwill, use or anticipated savings;

5.4.3 any claims from third parties;

5.4.4 loss or damage to your, or any third party’s, data or records;

5.4.5 any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action;

5.4.6 except as expressly provided in these Terms of Use, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.

6. Security

6.1 Please remember that the Internet is not a secure medium. Communications over the Internet such as e-mails are not secure, even if they have been encrypted. We seek to keep secure all confidential information and personal information submitted to us through the Site, in accordance with our obligations under applicable laws and regulations. However, in common with all Site operators, we cannot guarantee the security of any data transmitted through the Site (except where the same is encrypted using methods we have approved or prescribed). Please do not communicate with us through the Site, or otherwise use the Site, unless you accept the security implications of dealing online. Information you send through the Site is sent at your own risk.

7. Statement of Misuse

7.1 We reserve the right to prevent your usage of the Site if you make any unauthorised use or if you misuse of the Site. We are the final arbiter as to what shall constitute unauthorised use and misuse and our decision will be final.

7.2 This Site may include information, comments and materials uploaded by other users of the site, including to message boards and forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

7.3 If you wish to complain about information and materials uploaded by other users please contact us by email on contact@tubules.com

7.4 Users must observe and learn about the content of previous postings in order to get an idea of what is acceptable. Any foul, abusive or offensive language will not be tolerated. Such posts will immediately be removed and users expelled from the Site. Users are instructed not to post any content or comment which is defamatory, libellous or offensive or which reveals information about any identified or identifiable patient or other person.

7.5 Users are advised not to forward virus warnings and the like to the forums.

7.6 Users are not allowed to promote themselves, any commercial interests or any spam. Users must not post copyright material and the like to the forum unless explicit written permission has been obtained from the owner of that copyright material to permit this. If the Users are not using information of their own, then due credit must be given to the original authors.

7.7 YOU MUST NOT UPLOAD OR OTHERWISE SHARE WITH US THROUGH THE SITE ANY PERSONAL DATA INCLUDING SENSITIVE PERSONAL DATA ABOUT PATIENTS SUCH AS INFORMATION RELATED TO THE PROCEDURES YOU CAN OBSERVE THROUGH YOUR MEMBERSHIP OR FROM YOUR OWN PRACTICE WHICH IDENTIFIES OR WOULD, WITH OTHER DATA, IDENTIFY PATIENTS. WE DO NOT WISH TO COLLECT OR OTHERWISE PROCESS ANY SUCH INFORMATION THROUGH THIS SITE.

7.8 IN RESPECT OF PHOTOGRAPHS AND VIDEO IMAGES USERS MUST REFER TO CLAUSE 2.2. ANY BREACH OF CLAUSE 2.2. WILL AMOUNT TO MISUSE OF THE SITE FOR THE PURPOSES OF THIS CLAUSE 7.

7.9 PATIENT RECORDS OR RADIOGRAPHS THAT USERS WISH TO DISCUSS ON THE FORUM MUST NOT UNDER ANY CIRCUMSTANCES BE POSTED ON THE FORUM OR DISCUSSED ON THE FORUM IN SUCH A WAY AS TO REVEAL THE IDENTITY OF THE PATIENT TO WHOM THEY RELATE. IF ANY DOUBT, CONTACT THE SITE ADMINISTRATOR FOR ADVICE AT contact@tubules.com. ANY BREACH OF THIS REQUIREMENT WILL AMOUNT TO MISUSE OF THE SITE FOR THE PURPOSES OF THIS CLAUSE 7.

7.10 Any consented records or radiographs that are presented must be anonymised and make the patient non-identifiable, eg obscuring their face or identifiable features.

7.11 Anything posted on the forum must be considered to be in the public domain.

7.12 Any articles and videos posted on the Site must be for educational value and self-promotion will not be allowed.

7.13 Users must not post any content whatsoever for the following purposes:

7.13.1 For commercial purposes (including promotion of the business at which the User conducts his practice)

7.13.2 For fraudulent purposes or in connection with any other criminal offence or otherwise unlawful activity;

7.13.3 To send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or

7.13.4 To cause annoyance, inconvenience or needless anxiety.

7.14 If Users find any material that is offensive, libellous, defamatory, or the like, it is important to report to the administrator using the “Report Abuse” link in the forum.

7.15 The final decision of the suitability will rest with the Site administrators, and anything deemed to have broken the rules will be deleted.

7.16 You are solely responsible for the accuracy, legality, currency and compliance of your own material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to anywhere on the Site.

7.17 You must practice an ethical and moral standard when expressing your views.

7.18 You must ensure that any information posted onto the site is not libellous, offensive or defamatory.

7.19 Where you collaborate with other users when using the Site’s forums or messaging functions for example, you do so as independent contracting parties. Users acknowledge that we will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.

7.20 Further it is for you to ensure that any such dealings or contracts comply with the Sale of Goods Act 1979, Sale of Goods (Implied Terms) Act 1973 and the Consumer Protection (Distance Selling) (Amendment) Regulations 2005 and any other regulations and statutes or other applicable law whatsoever.

8. Miscellaneous

8.1 In these Terms of Use the words “include”, “including”, “includes”, “such as”, “in particular” and any similar expression are to be construed as if they were immediately followed by the words “without limitation”.

8.2 These Terms of Use and any non-contractual obligations arising out of or in connection with them, are governed by English law. In the event of any dispute or claim relating to the Site, these Terms of Use or any non-contractual obligations arising out of or in connection with them, then all Site users to whom these Terms of Use relate agree to the resolution of such claim or dispute in the English courts, in accordance with English law.

8.3 If any provision of these Terms of Use is found to be invalid or unenforceable by a court, including without limitation the liability limitations or exclusions, it will be severed from the rest of these Terms of Use which shall remain unaffected.

8.4 No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

8.5 We may, at any time, assign any or all of our rights or obligations under these Terms of Use to any person. This includes without limitation any person who takes on responsibility for operating the Site (whether inside or outside our group of companies). This includes assignments where necessary as part of any restructuring relating to our companies, business or assets, or as part of a sale of Dentinal Tubules Limited, or its business or assets.

8.6 Rights such as may be granted to any and all Site users, and obligations as may be incurred by any such person, in each case pursuant to these Terms of Use, relate only to those persons, and they may not be transferred to any third party whatsoever.

9. Tubulite COMMUNITY, Tubulite PREMIUM or Tubulite PRACTICE membership

9.1 The following terms only apply to the extent that you register for one of our Tubulite COMMUNITY, Tubulite PREMIUM or Tubulite PRACTICE memberships via the Site (a “Membership”).

9.2 You agree to comply with the following security procedures governing your use of the Site in connection with your Membership, for all purposes whatsoever, including to make orders, and to access Information Content and/or Membership Content:

9.2.1 You will keep secret and secure at all times your username and password for your Membership and you will never disclose them to any other person or allow any other person to use them.

9.2.2 You will never write down or record in any form your username and password or store them on any software, including a “password save” feature.

9.2.3 You will irretrievably delete any notice from us concerning your username and password as soon as you have read and understood it.

9.2.4 If you know, or suspect, any other person has seen your username and password you will contact us immediately using the contact details referred to at the top of these Terms of Use.

9.2.5 You will never leave your computer, telephone, mobile, tablet or other device used to access your Membership unattended whilst you are logged in to your Membership or let anyone else use the compute, mobile, tablet or such other device until you have logged out of your account.

9.2.6 You will use particular caution if you log in to your Membership from a public or shared computer to ensure that others are not able to see, access or use your username and password.

9.2.7 You will tell us immediately of any unauthorised access to your Membership that you know about or suspect.

9.2.8 You agree that we may terminate your registration to use your Membership if you fail to comply with these security procedures or any other part of these Terms of Use.

9.2.9 We will hold you responsible for any orders for and/or access to Information Content and/or Membership Content placed while your username and password is logged in to your Membership and you acknowledge and agree that we will be entitled to treat those orders and/or access as genuine and from you, and act upon them as such, unless we have received from you, before we have processed any such requests, prior notification of actual or suspected unauthorised use or disclosure of your username and/or password.

9.3 Termination of your Membership

9.3.1 We may cancel your registration and terminate your use of your Membership at any time for any reason and without notice, including without limitation, if:

9.3.1.1 we discover or have reason to suspect that the information or details you have provided to us about yourself are false, misleading, inaccurate or incomplete;

9.3.1.2 you have made any use whatsoever of the Membership or Site, including without limitation to order and/or access Information Content and/or Membership Content or for account administration, in each case as relevant to you, otherwise than in accordance with these Terms of Use;

9.3.1.3 you are using the services available through your Membership or the Site for an illegal purpose, or if we have reason to believe that your use would in our opinion jeopardise the security of the Site or your Membership, or would cause us to be in breach of any contractual duty we owe, or would be contrary, or would be in risk of being contrary, in our opinion, to any applicable laws or regulations; or

9.3.1.4 you have committed any other breach of these Terms of Use.

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