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Terms and Conditions
Terms and Conditions These are the Terms and Conditions of Service and Privacy Policy ("Terms") which govern the use of the sites owned or operated by Finlayson Media Communications Limited, including but not limited to www.dentistry.co.uk. These terms contain important information about your position under applicable law and regulations when using these sites. Please read these Terms carefully. By accessing these sites, you agree to be bound by these Terms, as amended from time-to-time, regardless of whether you register as a user. It is your responsibility to bring these Terms to the attention of anyone who may, through you, view material on these sites. If you have any questions, please contact the publisher at info@dentistry.co.uk 1. Introduction 1.1 This Site is owned and operated by Finlayson Media Communications Limited. The Site may be supported by sponsoring organisations and advertisers ("the Sponsors") whose names appear on the Site and whose own sites can be accessed by Internet links from the Site. 1.2 Some areas on the Site may only be available to registered users or paid subscribers who have gone through the registration process. 2. Conditions of Use and Intellectual Property 2.1 All rights in the material on the Site and news by e-mail (together "the Content") belong to Finlayson Media Communications Limited ('FMC') or its third party licensors and are protected by copyright, trademarks, service marks and/or other proprietary rights and laws of the UK and other countries. All individual articles, columns, emails and other elements on the Site are also copyright works and you agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site or in these Terms. The business may licence third parties to use the Content in its sole discretion. 2.2 You agree to use the Site and the Content solely for your own use and benefit and not for resale or other transfer or disposition to any other person or entity. You further agree not to use, transfer, distribute or dispose of any Content in any manner that might compete with the business of FMC. 2.3 You accept that the Site is not configured for and is not to be used for transactions or the provision of advice. 2.4 Subject to the above, you may retrieve and display Content from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) but you may not reproduce, modify or exploit any of the Content for commercial purposes. 2.5 If it is brought to our attention that you have indeed sold, published, distributed, retransmitted or otherwise provided access to article(s) from the Content to anyone without the prior written permission from FMC, we will invoice you for a copyright abuse penalty fee of £2,500 per article, which will be payable immediately upon receipt of the invoice. Any request for permission to reuse, repurpose, republish or reprint can be sent to the publisher at info@dentistry.co.uk 2.6 Dentistry.co.uk is a trade mark and may not be used without the business's express written permission 2.7 You are responsible for procuring the necessary equipment and the payment of telephone and other charges necessary to access the Site. 3. Registration 3.1 In order to access the Site, you may need to follow a registration process and select a User ID and password. You will provide FMC with certain necessary details, all of which must be both accurate, complete and up to date. It is your responsibility to update FMC immediately with any changes to the information provided. 3.2 Your registration is personal to you and you are responsible for maintaining the confidentiality of your password and User ID. You shall be responsible for all use of the Site made by anyone using that password and User ID. Any unauthorised use of the Site and/or of your password and User ID should be notified to the business immediately. 4. Data Protection FMC and you agree to comply with applicable data protection laws. Subject to the Privacy Policy, which forms part of these Terms, normally, data relating to you will not be disclosed to any third party unless you have specifically agreed to this by clicking on the opt-in button on the Site. 5. Interactive Services 5.1 The Site may contain bulletin boards, discussion groups and other public areas that allow interactivity between users and feedback to be provided to FMC (together "Interactive Areas"). FMC does not control and is not responsible for the information and/or materials posted to Interactive Areas ("Posted Material") but reserves the right without reference to any third party to delete, move or edit any Posted Material or part thereof. It is a condition of your access to the Site and to the Interactive Areas in particular that you waive all rights (legal, moral or otherwise) in any Posted Material. 5.2 You are responsible for the content of your Posted Material and must comply with any additional rules which may, from time to time, be issued at particular locations within the Interactive Areas. In particular, you may not within the Interactive Areas: (a) post, publish or link to any specific matter which is or could be taken to be the provision of advice; (b) post, publish or link to any information obtained in breach of confidence or which is otherwise contrary to applicable law or regulation; (c) post, publish or link to any information or messages which are obscene, defamatory, threatening, degrading or which infringe copyright or any other rights of any third party or which are otherwise unlawful; (d) post, publish or link to any advertising or promotional material or any chain e-mails, "spam" or mail bombs; (e) impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same; (f) post or publish any information or messages containing a virus or other harmful component; (g) disguise the origin of any message; (h) collect or store other users' personal data; or (i) prevent or restrict the use of the Site and the Interactive Areas by other users.. 5.3 By accessing the Interactive Areas, you agree to indemnify and hold harmless on demand FMC from all claims, costs and expenses (including legal and other professional fees) which FMC might suffer arising out of any of your Posted Material. 5.4 You acknowledge that FMC does not have control over the users posting messages to the Interactive Areas. As a result, FMC cannot guarantee the veracity or accuracy of Posted Material. All use of the Interactive Areas is at your risk. You should not rely on Posted Material in any way. 5.5 Representatives of FMC may also submit Posted Material to the Interactive Areas. In doing so, such representatives shall act in a personal capacity and any views they might express shall not be considered as the views of FMC nor as the views of a professional advisor. 5.6 You hereby agree to grant FMC a non-exclusive, perpetual, royalty-free licence to use, reproduce, modify, licence all or part of your Posted Material, including to licence third parties to use the same. 6. Linking 6.1 You may create a link from your web site to the home page of the Site provided that you do not link to the Site from any site containing obscene, defamatory, threatening or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful. 6.2 Upon linking to the Site pursuant to these Terms, FMC shall grant you a non-exclusive, non-transferable, royalty-free licence to use the dentistry.co.uk trade mark solely for the purposes of providing an underlined, textual link from your web site to the Site. No other use of the dentistry.co.uk trade marks or name is permitted without the express prior written permission of the business. 6.3 The potential linking to an internal or subsidiary page of the Site located one or several levels down from the home page ("Deep Linking") or the bringing up of or presenting Content within another web site ("Framing") is not permitted without our prior written permission. You must seek and obtain the prior written permission of FMC before Deep Linking or Framing the Site or any Content by contacting FMC providing: (a) your name, e-mail address and telephone number; (b) the name of your company; (c) the web address(es) where the proposed Deep Linking or Framing will occur; (d) specific details about the contemplated Deep Linking or Framing. 7. Links to External Sites 7.1 The Site may contain links to other web sites provided by Sponsors or other independent third parties ("External Sites"), either directly or by framing. FMC shall endeavour to highlight such links. FMC shall not be responsible for the availability or content of External Sites and will not be a party to, or responsible in any way for, any arrangements regarding goods or services available from such External Sites. 7.2 The Site may be used to purchase products or services from FMC's third party partners or Sponsors. Any such contracts will be exclusively between you and the relevant third party or Sponsor and FMC shall not be responsible in any way for any costs, claims, damages and liability arising in relation thereto, even if the contract in question was entered into through the Site. 8. E-mail FMC may give the option to subscribe to its e-mail news service through the Site. Your use of that service and any Content shall be subject to these Terms. 9. Third Party Content The Site may, from time to time, contain contributions from independent third parties as well as advertising and sponsorship. Each such third party, advertiser and/or Sponsor shall be responsible for all aspects of the material they submit and FMC shall accept no responsibility for any errors or inaccuracies in any such material. 10. Competitions and Prizes From time to time, FMC may run competitions, prize draws and promotions on the Site. These shall be subject to additional terms and conditions applicable in each individual instance and which shall be made available at the time of such competitions. 11. Changes FMC shall have the right at any time, in its sole discretion, to make modifications, additions or deletions to the Site, the Content, the Interactive Areas and these Terms. Any changes to these Terms will be notified to you by e-mail or by publishing the revised Terms on the Site. By continuing to access the Site following a change to the Terms, you agree to be bound by any changes thereto. 12. Representations, Warranties and Indemnities 12.1 You represent, warrant and undertake that: (a) you have the capacity to enter into this agreement; (b) you are at least eighteen (18) years of age; (c) you will not infringe the copyright or any other intellectual property rights of FMC; (d) you will comply fully with the Terms; (e) you will not copy, reproduce, recompile, decompile, disassemble, reverse engineer, upload, download, transmit, create derivative works from or otherwise exploit the Site or any software which is proprietary to FMC or any of its third party partners. 12.2 You hereby agree to indemnify and hold harmless FMC and keep FMC fully and effectively indemnified on demand against all costs, claims, damages, liability and expenses (including any professional fees) which FMC might suffer by reason of a breach by you of the Terms and in particular any of the above representations. For the avoidance of doubt, this indemnity shall extend to any losses which FMC may suffer as a result of the use by third parties of your password and User ID except in circumstances where you can demonstrate to FMC's satisfaction that such third party obtained the relevant details through no fault of your own. 13. Disclaimer and Limitation of Liability 13.1 The Content on the Site is provided by FMC for your general information only, is provided on an "as is" basis and is not intended to address your particular requirements. In particular, the Content does not constitute and form of advice or recommendation and should not be relied on in making (or refraining from making) any specific personal or business decision. You and your clients should seek independent advice before making any such decisions. All arrangements made between you and any third party named on the Site are at your sole risk and responsibility. 13.2 FMC makes no warranties or representations, whether express or implied, in relation to the Site, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose. 13.3 FMC also makes no warranty that the Site will meet your requirements or that your use of the Site will be uninterrupted, timely, secure or error-free. 13.4 FMC obtains the Content from a number of sources and disseminates the same over the Internet (or other interactive electronic platform). As a result, FMC is not able to and gives no warranties in respect of the Site, software and / or the Content. The Site is provided on an "as is" basis and, to the extent permitted by law, any implied warranties of merchantability or fitness for purpose and any warranties relating to accuracy, completeness, standard of workmanship and level of care and attention are expressly excluded. 13.5 To the extent permitted by law, you agree that FMC shall not be liable for any consequential or incidental damages (including but not limited to any financial loss and loss of business or profits) or for failure to meet any duties even if FMC or its representatives have been advised of the possibility of such damages arising. 14. Privacy Policy Please read the Privacy Policy, which is part of these Terms, and to which you consent. 15. Term and Termination 15.1 Use of and access to the Site is not subject to any particular time limits. Without prejudice to the accrued rights of any party, these Terms may be terminated at any time by either party without cause. You may terminate these Terms by simply discontinuing your use of the Site. FMC may terminate these Terms and your use of the Site at any time by electronic notice. These Terms shall terminate automatically without notice from FMC in FMC's sole discretion, in the event you commit a breach of any provision of these Terms. 15.2 Notwithstanding the provisions of this paragraph, paragraphs 12, 13 and 24 of these Terms shall survive a termination of the Terms and shall remain in full force and effect thereafter. 16. Changes FMC reserves the right to modify, delete or change any aspect of the Content, the Premium Content, the Interactive Areas, the Site and / or any of the technical specifications of any aspect of the same. You agree and acknowledge that such changes may result in you being unable to access the whole or any part of the Site. 17. Force Majeure FMC shall have no liability for an event of Force Majeure, that is an event or set of circumstances that is or are outside the reasonable control of FMC. 18. Headings The paragraph headings in these Terms are used solely for the sake of convenience and shall not have any legal or contractual significance. 19. Entire Agreement These Terms, as amended from time to time, and any other terms of business on the Site shall constitute the entire agreement between you and FMC in relation to your use of and access to the Site. 20. Access outside of the UK FMC does not represent that the Content shall be appropriate or available for use outside of the United Kingdom. If you access the Site from outside of the United Kingdom, it is your responsibility to ensure compliance with any foreign and local laws and requirements. 21. Severability If any provision of these Terms is held to be invalid or unenforceable, then the remaining provisions of the Terms and of the paragraph in question shall remain in full force and effect. 22. Notices Any notice which FMC or you are required to give pursuant to these Terms shall be made by e-mail or first class post, in the case of you, to the address provided on your registration form and, in the case of us, to the address posted on the Site. 23. Waiver No delay or omission on the part of FMC in exercising any right, power or remedy under these Terms shall impair or detract from such right, power or remedy or operate as a waiver thereof. 24. Governing Law These Terms shall be governed by and construed in accordance with English law. By accessing the Site, you agree to submit to the exclusive jurisdiction of the English Courts. 25. FINLAYSON MEDIA COMMUNICATIONS LIMITED PRIVACY POLICY FMC collects information from our Users during the registration process and, occasionally, at other times. We try and make the process as rapid and straightforward as possible and we are grateful for the information our Users provide. The more accurate the information we receive from each User, the more specific we can be in our ongoing contact with them. This Privacy Policy sets out our information-gathering and dissemination practices for the Site. Data Protection The Site will comply with the relevant English Data Protection laws, so normally any personal details to be provided to us will not be disclosed to third parties outside FMC without the User's consent. (please see paragraph 4 of the Terms, Data Protection). Users should be aware and accept that, if FMC is requested by authorised third parties or regulatory or governmental agencies investigating illegal activities to provide information concerning Users activities whilst using the Site, the business shall do so. Similarly, FMC will disclose Users' personal data if FMC is compelled to do so by law. FMC reserves the right to notify or provide such information to the relevant authority if, in our sole opinion, FMC believe an emergency, illegal activity or some other reasonable basis exists for us doing so. FMC reserves the right to store and use Users' personal data solely for its own internal purposes and business further reserve the right to access, monitor and retrieve password-protected information in order to fulfil our obligations in these terms and conditions. Uses of Registration Information Registration information we receive from Users is used by FMC as follows: (a) to allow us to ensure your continued access to the Site; (b) to allow us to develop the site in ways that you will find relevant and interesting; (c) to let us tell you about new material we have produced that is of relevant and interest to you; (d) to provide our Sponsors with aggregate information about our User base and usage patterns. When you register, you can choose not to be contacted by us in this way. Any of our Users can also contact us at any time to ask to be removed from our User list. If you wish to remove your details, you should contact us. On registration, you will be provided with an opportunity to opt-out of receiving information from FMC and our partners and Sponsors. Cookies Users should be aware that FMC uses cookies to identify registered users who return to the Site. It enables us to deliver tailored content to each of our Users and lets you store your own selection of material for future use. Some company networks block cookies which means that not all Users can enjoy these personalised components of the Site. Security FMC operates secure data networks protected by industry standard security systems. Finlayson Media Communications Limited
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