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General terms and conditions for the use of W&H Video Channel and wh.com websites

1. Scope

1.1 The following General terms and conditions apply for all those who register as users (“the User”) for the offers contained on the national and international websites of the internet platform wh.com and video.wh.com.
The conditions apply for the wh.com and video.wh.com websites.

2. Changes to the General terms and conditions/right of termination

2.1 W&H reserves the right to make changes to these General terms and conditions (GTC) and to the code of conduct. W&H will provide information about the changes via the wh.com and video.wh.com websites.
In the case of legal acts carried out before the changes take effect, the original conditions shall continue to apply. The changes to the GTC are seen and understood as having been approved by the User if they continue to use the offers of the wh.com and video.wh.com websites after the end of a month following the introduction of the new GTC, or if they have not terminated the use within two months from the introduction of the changes.

3. Recognition of the GTC as a basis of the contract

3.1 When the application for registration and the registration on the wh.com and video.wh.com websites is carried out, a licence agreement comes into force between W&H and the User (“the Licence Agreement”). In their application, the User recognises the validity of these General terms and conditions and the code of conduct as the basis of the Licence Agreement.

4. Conclusion of the Licence Agreement and registration/authorisation for use

4.1 This is concluded via the registration of the User.
4.2 The registration requires that the User
- provides the data requested in the registration form and
- is an individual over the age of 18 years with unrestricted legal capacity.
4.3 There is no legal right to registration. W&H is entitled to refuse the registration, i.e. the conclusion of the Licence Agreement, without providing reasons.
4.4 Upon registration, the User is entitled to make use of all the services offered on the wh.com and video.wh.com websites.

5. Termination

5.1 W&H has the right to terminate the Licence Agreement and to retract the registration at any time without giving reasons. This means that the authorisation to use the offers of the wh.com and video.wh.com websites no longer applies.
5.2 Irrespective of this, W&H will terminate the Agreement and retract the registration if false information is given in the registration, if registration requirements are not met, if infringements are made against the provisions of these GTC and the code of conduct or if there is serious evidence available which suggests that the User has been committing illegal actions.
5.3 The User will be notified of the registration on the corresponding confirmation page; notification of the termination of the registration will be given in writing via e mail.
5.4 The User has the right to terminate the Licence Agreement at any time without giving reasons. If the User terminates the Agreement by deleting the profile, W&H will retract the registration once this declaration has been received.
The termination can also be directed to W&H in writing and sent to info@wh.com. The subject line should state “Cancellation of wh.com and video.wh.com website registration”.

6. Individual password

6.1 Each User chooses an individual password upon registration. It is only possible to access the wh.com and video.wh.com websites using this password.
The User must not disclose the password to third parties and must keep it safe so that it cannot be abused.
6.2 The User is obliged to inform W&H immediately if they have lost the password or if they are aware that unauthorised third parties know what the password is. If the User cannot prove that a third party has used the access to the wh.com and video.wh.com websites without their permission then all declarations made using their access data will be attributed to the User.
The User is liable for any abuse by third parties unless they can prove that they are in no way responsible for this abuse.

7. Data collection, data protection, limitation of guarantee

7.1 W&H will not transmit to third parties the User’s data which is collected, processed and saved during the registration and the use of services unless there is any legally or officially imposed obligation to do so or unless the transmission is required for the purposes of evidence.
7.2 In the case of a termination on the part of W&H or the User, the User’s registration will be retracted and all data saved about this User will be deleted within one month of W&H receiving the termination unless the data is required to be saved for the fulfilment and execution of the existing legal relationship or for the purposes of evidence. W&H does not grant any guarantee for the security of the data exchange (chat messages, online messages etc.).

8. Changes to and discontinuation of the offers of the wh.com and video.wh.com websites

8.1 The User does not have any claim to the provision of the services offered. W&H reserves the right to change or completely discontinue the offers of the URLs of the wh.com and video.wh.com websites at any time at their own discretion and without stating reasons.
This does not result in any claims for the User against W&H, unless this is specifically stated in the Special terms and conditions.

9. Liability of W&H

9.1 W&H is liable without limitation for intent and gross negligence.
9.2 In the case of slight negligence, W&H shall only be liable if the legal representatives or assistants infringe an obligation which is of essential importance for the achievement of the purpose of the contract (“Cardinal Obligation”). In this case the liability is limited to the foreseeable damage.

10. Granting of right of use

10.1 If a User makes a contribution (text and/or photo and /or video, etc.) to the wh.com and video.wh.com websites which is protected by copyright or any other form of legal protection, such as forums, guest books, comments, photos and texts, then in doing so he/she gratuitously grants W&H the right to present the contribution as often as they want and without limitation in terms of time or space on wh.com and video.wh.com websites, to make the contribution publicly accessible, to distribute the contribution or to make it available for third parties.
The material (text, image, video etc.) will only be published on the wh.com and video.wh.com websites if the reproduction is used for the purposes of editorial linking.
A contribution will only be used for promotional purposes (advertisements) following consultation with the relevant author and the granting of his/her permission. These rights are permanently retained by W&H even after the termination of the Licence Agreement.
10.2 By making their contribution, the User guarantees that they are entitled to have the rights granted in this process at their disposal and that they have not yet disposed of them in any other way.
10.3 The User shall release W&H from justified claims of third parties which are made against W&H or its legal representatives and/or assistants due to the use of the rights granted under section 10.1. The User shall also cover the judicial and extrajudicial legal costs which are incurred by W&H and its legal representatives and/or assistants during this process.

11. Content and interaction

11.1 W&H has no obligation to examine the contributions made by the Users/responsibility of the Users for the content/indemnity which they supply.
11.2 The User is liable for ensuring that the content loaded, saved, distributed, made publicly accessible, presented and published by the User due to the use of the wh.com and video.wh.com websites and links to other pages which may be contained therein does not infringe the
•rights of third parties and/or
•statutory or official bans and/or
•the forms of interaction and codes of conduct online (netiquette, chatiquette) and/or
•good manners.
11.3 In particular, on the wh.com and video.wh.com websites the User may not load, save, distribute, present, make publicly accessible, publish or refer to or provide links to content which
•could infringe or impair personal rights and/or property rights of third parties and/or
•could be seen as obscene, offensive, defamatory, obnoxious, pornographic, tormenting, unsuitable for minors, racist, seditious, xenophobic, radically right-wing or objectionable in any other way and/or
•contains or exhibits viruses, illicit devices or unwanted mass messages (“spam”) and/or
•requests participation in chain letters, pyramid games and bonus share campaigns and/or which have a commercial or any other kind of promotional purpose.
11.4 The User shall release W&H from justified claims of third parties which are made against W&H, or its legal representatives and/or assistants due to content distributed and made publicly accessible on wh.com and video.wh.com websites by the User. The User shall cover the judicial and extrajudicial legal costs which are incurred by W&H or its legal representatives and/or assistants during this process.

12. Deletion of contributions

12.1 W&H and its administrators are entitled to delete contributions or parts of contributions made by Users at any time and at their own discretion. Independently from the right mentioned above, W&H will remove content which infringes sections 11.2 and 11.3. Content in the terms of this standard also includes software and other files and references to other content. However, the User does not have the right to use this kind of measure in relation to contributions made by third parties. W&H is not obliged to inform the Users about the deletion of their contribution.

13. Final provisions

13.1 Messages will be sent from W&H to the User by e-mail. The Users consent to W&H being able to inform them of alterations of any kind on the wh.om and video.wh.com websites by e-mail.
13.2 If a date and/or time is significant for declarations and legal transactions then the displayed server date and the displayed server time of W&H shall be decisive.
13.3 W&H is entitled to transfer the provision of all services, either in part or in full, to a third party at any time. The place of jurisdiction is A-5020 Salzburg, Austria.
13.4 If one or more provision(s) of this agreement should be or prove to be ineffective, this shall have no effect on the effectiveness of the rest of the agreement.
13.5 W&H constantly strives to protect its Users and also third parties from violations of rights or illegal content online. Users who detect infringements of these General terms and conditions and conditions of use are therefore asked to contact info@wh.com.

March 2017

Data protection statement and information

1. General

Sensitive and responsible handling of the personal data of all users is a matter of the utmost importance for W&H Dentalwerk Bürmoos GmbH. All statutory laws and provisions relating to data protection are strictly adhered to. These statutory data protection measures include the legislative requirements at EU level.
The data protection statement provides information on how it is ensured that all personal data is protected and secured on the websites operated by W&H Dentalwerk Bürmoos GmbH in accordance with the currently valid statutory provisions.

2. Intended use

2.1 The collection, saving, processing and use of the personal data by W&H is carried out in accordance with statutory provisions.

2.2 The data collected is used for the following purposes, whereby not all data is actually used for all purposes:
•The data which the user provides upon registration is used by W&H to establish and manage the contractual relationship.
•W&H uses data collected during the use of the wh.com and video.wh.com websites for the provision of the services offered.
•W&H is entitled to analyse the behaviour of its Users in the network in order to continually improve the services offered by the wh.com and video.wh.com websites.
The evaluation of this data will not be person-specific under any circumstances, i.e. the identity of the user will remain unknown. W&H guarantees that under no circumstances will the analysis data be combined with the personal data of the users, from either a technical point of view or from personal/organisational points of view.

3. No transmission of data to third parties

3.1 W&H shall not transmit the personal data of its users to third parties unless the user has previously given their express permission for this to happen or there is a legal obligation for the data to be transmitted. If the user gives their permission, this can be revoked at any time with effect for the future simply by sending notification (e-mail).

4. Server log files

4.1 Every time a page is called up by the user, the user’s internet browser transmits access data which is automatically saved in server log files by the wh.com and video.wh.com websites during the use.
These data are not combined with other data sources, in particular with the personal user data.

5. Data security

5.1 The firewalls in use which are constantly updated and the other security systems are intended to protect the users from viruses and unauthorised external access to the wh.com and video.wh.com websites to as great an extent as possible. Nonetheless, the users should be aware of the fact that as new viruses and other means to attack secured data systems of internet services are constantly emerging, it is not possible to guarantee one hundred per cent protection from attacks. W&H is not responsible for the damage or destruction of data by unknown viruses. W&H will prosecute any detected access by hackers etc. under civil and criminal law.

6. Disclosure

6.1 All users have the right to receive a disclosure free of charge on the personal data which are saved about them. The request for the disclosure must be directed to W&H (info@wh.com) in writing.
The request for disclosure must be accompanied by a certified copy of a valid, official piece of personal identification. The disclosure will be sent by post to the address stated in the user’s personal identification.

7. Amendment, deletion and blocking

7.1 If the User changes or amends the personal information which they provide and in doing so deletes old information, then the data which they previously entered will be automatically deleted in full. There is no need to apply to make amendments or delete information.
7.2 Regardless of this, the user has the right at any time to request that inapplicable data which is saved about them on the wh.com and video.wh.com websites is corrected.
However, the simplest method for the user to do this is to make the appropriate changes to their entries themselves.
7.3 The request for the deletion must be directed to W&H (info@wh.com) in writing. All data they have previously entered will be deleted in full.
7.4 Regardless of this, the user has the right at any time to request that all personal data which has been collected from them and is saved on the wh.com and video.wh.com websites is deleted.
7.5 If the user chooses to request that their personal data is changed, amended or deleted then this request can be made by e-mail, fax or by post. In order to ensure that the details are assigned correctly, the request must include a minimum of the following information:
•Surname, first name
•E-mail address
•Identification via a copy of a form of identification (valid passport or personal ID card)
7.6 W&H would like to point out that due to caching systems and the interconnection of proxy servers, under certain circumstances it may still be possible to call up data which has been deleted for up to 24 hours. It may be possible to access image for an even longer period of time.

8. Change to the data protection statement.

As the services offered are subject to change, in individual cases it may be necessary to make alterations to the data protection statement and information. The same applies for changes to the relevant statutory regulations which may mean that an adjustment is needed. The respective current version of the data protection statement can be viewed on the wh.com and video.wh.com websites at any time.

March 2017

Code of conduct within the wh.com and video.wh.com websites:

01. Profiles may only be created by the individuals in question. Information provided in the profile must be true.
02. Pictures which you have created, painted or designed yourself are also permitted. However, you may not display any content which is extremist, glorifies violence, is sexually insinuating or which is protected under copyright.
03. The wh.com and video.wh.com websites is based on respectful and polite conduct. Accordingly, it is forbidden to condemn or ridicule other users
04. As a matter of principle, publications must not infringe valid legislation.
05. Messages are used for the transmission of personal information. The sender must be sure of the consent of the recipient. If the recipient refuses to receive further messages from the sender then the sender must respect this wish of the recipient. It is also forbidden to send mass messages to a person if this person has not given their consent for this to take place.
06. No chain letters, pyramid schemes, competitions, lotteries, sweepstakes etc. may be sent and/or organised.
07. The users themselves are responsible in every way for all types of publication (data, information, images, video, etc.) and their consequences.
08. The user may only publish content to which they also hold the rights. If publications make reference to third parties then their consent must be obtained.
09. Users must not publish any form of commercial or political advertising.
10. Racist, violent, politically extremist, sexist, discriminatory or any other form of offensive publications, as well as those which insult, malign, threaten or verbally abuse other people, ethnic groups or religious denominations are not permitted.
11. Nude photos and pornographic images and/or depictions of physical or sexual abuse are not permitted. Likewise, photos of victims of violence, victims of war or victims of natural disasters, the use of unconstitutional symbols and the depiction of images which glorify violence or displays of acts of war are also forbidden.
12. Data may not be manually or automatically read out, saved, processed, changed, transmitted, used for commercial purposes or abused in any other way for the purposes of data collection without consent being given. 13. Profiles must not be set up which are used to read out, save, process, change or transmit information or to abuse it in any other way.
14. No viruses, links, programs or other procedures may be applied or distributed which could be used to cause damage to third parties.
15. The disclosure and the exchange of passwords, codes and serial numbers is not permitted.
16. No technical attacks may be made to try to spy on data of individual users, to change (in full or in part), to abuse or to delete this information or to damage it in any other way. Likewise, any form of technical attacks on the wh.com and video.wh.com websites or the database of the wh.com and video.wh.com websites are also forbidden.
17. The code of conduct and the General terms and conditions of the wh.com and video.wh.com websites must be complied with.

März 2017

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