Terms and Conditions of Use

Updated September 23, 2020

Welcome to dentalbites.com, as operated by Dental Bites, LLC, (“Company”, “we”, or “us”). Thanks for being here. These are our rules if you want to use our website and the services or products available from our website. The term the “Site” refers to dentalbites.com, and all associated websites connected with dentalbites.com. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site or services. If you do not agree to these rules, you cannot use our site. We can change these rules whenever we want and will post the new rules on our site, whether you notice them or not. We have intentionally written them in a way that avoids legalese so that everyone can clearly understand and agree to the rules and understand their rights and responsibilities.

We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products.

1.0 Site Services

We agree to provide you with video content products and services, or the “Service” through our website and related social media channels. In exchange for providing this service, we require you to follow these rules:

1. You must be at least 13 years old to use the Site, or if you are a resident of the EU, you must be at least 16 years old. Don’t lie about your age. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf.
2. You can’t use the Site to do anything illegal or break the rules in our terms of use, including activity that violates our licensing terms.
3. You can’t change anything about our website or applications, upload any type of virus or malware, or do anything that might interfere with the way the Site or its services works.
4. You can’t do anything that might affect how other people use and enjoy the Site. Be a good neighbor.
5. You can’t encourage anyone to break these rules.
6. Use your common sense, and be a good human.
7. You can’t share your account information with anyone unless they work for you or for us. You cannot use another person’s account. An authorized representative of ours may use your account information to manage your use and access to the Services if you are having issues.

2.0 Your Rights

2.1 You have the right to feel safe using Site.

2.2 You have the right to your privacy on Site. Please refer to our Privacy Policy for details.

2.4 If you are a resident of the EU or California, you have the right to be forgotten and can delete your membership account and any related content by logging in and completing a delete request. It may take a few days to process and may be visible by others in the meantime. We may also keep your registration information for as long as we need to, in order to run our business and to follow these rules.

2.5 You are responsible for anything you do on the Site under your login, including things you purchase or download.

3.0 Our Rights

3.1 We are not responsible for the following: links to other companies or websites, even when the link shows up in Site; the data cost on your mobile device for using Site or its services.

3.2 We can modify, update, or end the Site and all or parts of its services at any time or stop you from using Site at any time for any reason without letting you know beforehand. However, we will make reasonable efforts to notify you before we make changes that would materially affect our membership plan services.

4.0 Intellectual Property Rights and Licenses.

All images, text, designs, graphics, audio, video, trademarks and service marks are owned by and property of us. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Site is illegal and may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. Do not try to use our stuff, remove it, change it, or claim to be us without written permission.

4.1 License. You are granted a limited, non-exclusive, revocable, worldwide license to display and share the Company’s products, video files and links (“Content”) during the active membership subscription. You may not distribute the Content on a stand-alone basis (i.e., in circumstances in which the Content constitutes the primary value of the product being distributed), and you must not claim any copyright or trademark rights in the Content or in any derivative works of the Content. You may not translate, adapt, make derivative works or otherwise modify the Content. You may not use the images or video synced with music as part of a commercial production. You do not have the right to publicly perform the Content as a production, or any component thereof (including using the music, images, script or clips separately) whether for payment or not. You MAY display the Content a single dental office on interior monitors/TVs. You may not transfer, assign, share or sublease this license agreement to any other party without written authorization. You cannot make the Content available in any manner that would enable a third party to download or use the Content in violation of these terms. You may not use any Content in a pornographic production or in content that contains extremist or hate speech material.

4.1.1. Educational Videos license: Educational videos may be shared with visitors and patients through specific links, but you will not be permitted to download or to use any third-party tool or software to reproduce or distribute the video content. We reserve all rights to this material and only permit the display of this content through approved links.

4.1.2. Social Media Content. Social media content may be downloaded, shared, posted on static or dynamic feeds or otherwise distributed and reproduced.

Lowdown: Please don’t steal any of our content and try to sell it as your own. This content took time and money to produce and we can only continue providing value like this if people are honest in agreeing to purchase terms. If you buy a subscription, only you can use it as we have described here and in the licensing agreement. You can’t “share” a login or materials with someone else, unless you have a business account and the user is an authorized representative of your business organization. We can end your ability to access the Content if you violate these terms. You can’t copy or scrape any of these materials onto your website, database, or social media channel -- whether you are selling them or not. Thanks for investing in YOU - now allow us to keep on doing that for others. If you obtained Content from anywhere other than us, you have pirated content and we would appreciate you letting us know so we can take steps to address it.

4.3. Single-office License. You will receive the commercial rights to use the content in connection with a single office/practice (defined as a single physical dental practice or branch in one location). If you have multiple office locations, please contact our team at [SALES] about a wider distribution license.

4.4. Term. You may download Content Files an unlimited number of times during the term of the membership while it is active, (“Term”), but may not transfer, sell, or make the files available in any form to any third party before or after the Term. The license to use any media expires when the paid subscription expires. Content that was posted or published during the valid licensing Term may remain and does not have to be archived or deleted, however, you may not continue to post, boost, share or otherwise use Social Media Content in new social media communication. Please delete any Content from your computers or cloud-based files after your membership has expired and the Term ends.

4.5. No Merchandise Rights. You agree that you may not create products for resale where the main value of the product is the image itself. For example, you can’t use videos or images to create a movie, poster, t-shirt, or coffee mug that someone would buy specifically or primarily because of Company’s image printed on it.

4.6. Intellectual Property Infringement. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes their copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address: (11634 S Groves Crest Dr, South Jorda, UT 84095) info@dentalbites.com

LOWDOWN: If you think we have infringed upon someone else, please follow the steps above to contact us and let us know. We take this stuff seriously but we would need all of this information to do something about it.

5.0 This Agreement

If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win.

5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid.

5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement.

5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement.

5.5 No one else besides you and us (no third parties) have rights under this agreement.

5.6 You cannot give these rights or obligations to someone else without our consent. We can give our rights and obligations to someone else, however, like if we change ownership by selling part or all of our business, or if we need to for legal reasons.

7.0 Fee, Refunds & Payments

We like to have fun, but we take our business seriously. We’d appreciate your careful consideration of the service and products available on the site, and we advise you to make your purchases carefully.

7.1. Recurring Payments. Your membership is managed through PayPal or Square recurring payments. If your payment information changes and you do not notify us of updates to your payment method, or update your payment processor, you may experience an interruption of your service the affect the Term in which you can access and use Content.

7.2. Due to the nature of our digital products, we do not offer refunds or exchanges. However, please reach out to us if you are not happy with the services or Content and we will see what we can do.

8.0 Limits on Liability

8.1 The Site operates as is, and we can't guarantee it will be safe and secure or will work perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to find reliable vendors to help us operate the Site and its services. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service or Site. You should read and agree to their rules and terms.

8.2 We cannot predict when issues might arise with our service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law. We are not responsible for lost profits, data or any kind of damages connected to you using the Site. The total limit on our liability to you under these Terms is the greater of: $100 or the amount you have paid us in the past three months.

8.3 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent.

8.4 Nothing on the site, or offered through its services or products, is intended to diagnose or treat any physical or mental illness. We are not healthcare or dental professionals and none of the Content is intended to be legal, medical, or financial advice and is for educational purposes only. As dental health and research continuously evolves, we do not guarantee the accuracy, completeness, or timeliness of any information presented on this website or on any of the Content.

9.0 How We Will Handle Disputes

9.1 We hope there won’t be any problems and that you will reach out to us if you are having issues with our service. But, if you have a legal problem with Site, you agree to use binding arbitration under the AAA, which means you will not get to go to court by yourself or with others or be part of a class-action lawsuit or arbitration. We and you waive a trial by jury. The following claims don't have to be arbitrated and may be brought to court: small claims, intellectual property disputes (like copyrights and trademarks), or efforts to interfere with the services or engage with the service in unauthorized ways. A court can also decide issues about the scope and enforceability of these arbitration provisions.

9.2 For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the District of Utah or a state court located in Utah. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

9.3 The laws of the State of Utah , to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

9.4 We appreciate feedback, but we may use any of your comments without any obligation to pay you and do not have to keep them confidential. For questions about this policy, you can email us at info@dentalbites.com