for web services of
Ivoclar Vivadent Inc.
175 Pineview Drive
Amherst, N.Y. 14228
USA
1. Scope of Application
These General Terms of Use apply to web services provided by IVOCLAR VIVADENT AG and its affiliated companies (in the following “IVOCLAR”). IVOCLAR provides web services which require registration by the user and, if applicable, device registration. The following terms of use apply to these users. In addition, certain services may be subject to additional terms and conditions, which may be expressly pointed out to users prior to registration.
2. Subject matter of the terms of use
The subject matter of these Terms of Use is the registration of users and, where applicable, the registration of devices for the purpose of transmitting machine data.
Access does not entitle users to specific services, but merely enables them to register for the services offered. In addition, IVOCLAR is entitled to change services for which users are registered to a reasonable extent, if this means a further development of the services or is technically (e.g. to increase the availability of the services) or legally necessary. Furthermore, IVOCLAR is free to modify, suspend or terminate the Services without giving reasons.
The following Web Services are subject to the Terms of Use (as of June 2022):
|
Description |
Domain / Registration |
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Web-Shop |
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Order Manager |
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Device Registration |
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Ivoclar-Cloud |
|
|
Customer Academy |
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Ivoclar Advisory Network |
3. Registration of Users; Revocation
Registration for the respective services takes place on the respective domain of the services as stated in the table under 2. above and is carried out by the users.
The users undertake to provide only truthful information during registration and to keep this information up to date. Users are advised that legal declarations within the scope of this contract of use may also be sent by e-mail.
Registration will be confirmed by IVOCLAR to the e-mail address provided. Users may cancel this registration after receiving the confirmation e-mail without giving any reason. To meet the deadline, it is sufficient to send the cancellation in time to the following e-mail address: dataprotection@ivoclarvivadent.com.
4. Device Registration
Device registration takes place on the platform https://mydevice.ivoclarvivadent.com/ and is carried out by the users.
4.1. Which kind of Data is transmitted during Device Registration?
In order to ensure a high system availability of the device, it is necessary to observe the technical condition of the device. For the assessment of the technical condition, machine data of the device are transmitted from the running operation, such as:
4.2. For what purpose is the machine data used?
We need and use the data in order to further develop and constantly improve our devices in the interest of our customers.
4.3. Duties of the users
5. Ivoclar Advisory Network
5.1. Purpose of the Ivoclar Advisory Network
IVOCLAR offers a community network as an online market research platform through which registered dental experts can take part in surveys, (online) discussions, concept tests etc. IVOCLAR’s intention here is to incorporate users’ opinions, experiences and ideas into new products or services. Users therefore help to shape the future of dentistry, and in return receive updates on their impact and are compensated with incentives according to section 5.4 below for their participation.
5.2. Terms and conditions of participation
A user’s participation in and membership of the community is voluntarily and free of charge. Only one membership is permitted per person, there is no entitlement to membership, and membership cannot be transferred. To register and participate in the community, users are required to consent to the General Terms of Use for Web-Services of IVOCLAR. By giving your consent you agree that IVOCLAR can collect, process, and use the data that you provide in connection with your registration and active participation in the community. The General Terms of Use for Web-Services are also valid for access to the community website https://advisorynetwork.ivoclar.com. Users do not pay a fee to register and participate in the community.
The registered user remains the owner of all rights to which they are entitled regarding the content that they publish. By uploading content under their user account and by transmitting content to IVOCLAR for the purposes of improving products and publishing said content in the community, the registered user grants IVOCLAR the non-exclusive, irrevocable, royalty-free, worldwide unlimited and transferable right to use this content in its product development and for publication on the community websites. This also includes the right to process and reproduce the content for the purpose. (e.g. to shorten, compress, or convert it to other formats).
The User agrees, that IVOCLAR retains the right, both for the duration of the agreement and following the expiration of these terms and conditions of use, to use all results and other insights and information relating to your posts, information, images, videos, texts etc.
IVOCLAR is entitled to exclude Users from incentives, if the User manipulates or attempts to manipulate the registration process, participation process, the system and/or the pages and/or violate these conditions of participation or morality and/or otherwise attempts to influence the community in an unfair or dishonest manner.
IVOCLAR reserves the right to carry out validations of user accounts on a regular basis and in the event of justified doubt as to the user accounts’ authenticity.
5.3. Procedure
As a member of the community you will receive intermittent e-mails announcing activities in the community and invitations to take part in surveys or activities. The main purpose of these is to ascertain your personal opinions and preferences.
5.4. Incentives
Should a User participate as a Panel-Member to respond to surveys or other activities, such User is entitled to incentives for completed participation, depending upon the specifics of the survey or activity. The value of your incentive, communicated to you prior to survey participation, is dependent on multiple factors, such as the length of the survey and the complexity of the research project, the type of survey and related Service, and any local regulations in your jurisdiction. Participation in the surveys or activities shall not depend on any purchase from or payment to IVOCLAR.
5.5. Patient Data and Legal Compliance
Ivoclar Advisory Network is not intended for the transmission, storing, review or receipt of confidential patient information (“Patient Information”). However, if you upload such Patient Information to the Site, the following terms apply. Applicable laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain materials or to transmit certain information to third parties.
WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE OR THE MATERIALS. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL IN OUR SOLE DISCRETION.
6. Liability
IVOCLAR shall only be liable for intent and gross negligence as well as for breach of an essential contractual obligation (cardinal obligation). In the case of a slightly negligent breach of a cardinal obligation, the liability of IVOCLAR is limited to damages foreseeable at the time of conclusion of the contract and typical for the contract. IVOCLAR shall not be liable in case of slightly negligent breach of secondary obligations which are not cardinal obligations. In cases of initial impossibility IVOCLAR shall only be liable if the impediment to performance was known or if the lack of knowledge is due to gross negligence, unless this is a cardinal obligation.
The above exclusions of liability do not apply in the case of fraudulent concealment of defects or in the case of the assumption of a guarantee of quality, for liability for claims based on the Product Liability Act and for physical injury (life, body, health). This does not imply a change in the burden of proof to the disadvantage of the user.
Insofar as the liability of IVOCLAR is excluded or limited, this also applies to the personal liability of IVOCLAR's employees, representatives and vicarious agents.
With the exception of claims in tort, the User's claims for damages for which liability is limited under this clause shall become statute-barred after one year from the commencement of the statutory limitation period.
7. Data Protection
IVOCLAR VIVADENT AG processes and stores user data in accordance with the provisions of the General Data Protection Regulation (GDPR). The Privacy Policy informs the user comprehensively about the collection, processing and use of personal data. The Privacy Policy is available at https://mydevice.ivoclarvivadent.com//.
8. Copyright
All contents (such as texts, images, information, files, web pages, etc.) of the web services are subject to copyright and other laws protecting intellectual property. They may not be published, used, copied, passed on or changed without express written permission.
For contents of the Web Services that are not subject to the copyright of IVOCLAR, the respective rights of the copyright holder apply.
9. Notice for Webinar / Webcast / Podcast
Webinars / Webcasts / Podcasts (hereinafter referred to as "media content") of IVOCLAR, including the content and all logos, texts, images, videos and other works contained, displayed or used, are subject to copyright and other laws protecting intellectual property. Media content (including content and works) may only be downloaded for personal, non-commercial purposes. Any use beyond this is prohibited without the prior and express consent of IVOCLAR; in particular, making them available to the public is expressly prohibited. Media content is intended exclusively for specialist circles. The speaker reflects his/her own opinion and experience in the media content. Media content does not constitute advice by IVOCLAR. IVOCLAR is not liable for the statements of the speakers, especially not for their correctness and completeness.
10. Conditions of Participation CVENT - Events
The conditions of participation apply to the participation in events of IVOCLAR, which are booked via the Web-Service "Event Registration".
Registration: The binding registration is made by filling out and sending the registration form in electronic form by the user. IVOCLAR can refuse participation in an event without giving reasons. In principle, there is no entitlement to participation. This also applies if users do not answer personal details truthfully.
Cancellation conditions / Cancellation by the user: Cancellation of a registration must always be announced in electronic form. You can withdraw up to two weeks before the start of the booked event. A later withdrawal is possible if the free place is filled by a substitute participant provided by you.
Cancellation conditions / Cancellation by IVOCLAR: IVOCLAR may cancel the event for good cause (e.g. due to unavailability of the offer at short notice without replacement possibility). Users will be informed immediately. Any claims against IVOCLAR are excluded (e.g. reimbursement of travel costs, hotel bookings, etc.). IVOCLAR may change the event (e.g. changes to the agenda, schedule, venue). IVOCLAR will immediately announce these changes on its website and, if known, inform the participants by e-mail. Any claims against IVOCLAR are excluded.
Publication of image and video material in the context of the event:
Depending on the venue, the guidelines and conditions of the venue also apply.
Taking into account the current situation in the context of the Covid Pandemic, there may be short-term changes to the measures for participation in an event.
Image and video material may only be produced by users during an event with the consent of IVOCLAR.
IVOCLAR accepts no liability for the accuracy, completeness and actuality of the content presented at an event.
11. Final Provisions
Should these Terms of Use contain invalid provisions or be incomplete, the validity of the rest of the contract shall remain unaffected.
These Terms of Use shall be governed exclusively by Liechtenstein law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of IVOCLAR.
Unless otherwise agreed, the user may submit all declarations by e-mail. Declarations to the User may be transmitted by e-mail to the address which the User has provided as current contact details.
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Status: June 2022, Version 2.3