Terms of Use

THE SMILE EPIDEMIC INC. / PLASTICITY LABS TERMS OF USE AGREEMENT

Welcome to the Plasticity User Community.

By accessing or using any part of the site, You agree that You are subject to and will comply with these Terms of Use, as We may update them from time to time. These Terms of Use were last updated on March 10, 2015. “Plasticity User Community” means the application accessible via your login and password on a unique company URL webpage provided to you at time of a pre-determined launch date as agreed upon between your Company and The application will be identified as your “Plasticity Instance” and any page within the application, including user profile pages, may be updated at any time. “We,” “Our” or “Us” means Plasticity Inc. “The Company” and following with “Their” means the Plasticity Administrator. “You” or “Your” means you as an individual, and any company or organization for whom you are using the Plasticity

YOUR PROFILE AND ACCOUNT

It is Your responsibility to maintain the confidentiality of any password associated with Your use of the Plasticity User Community, and You are responsible for any activities in Your Plasticity User Community accounts. You agree that We may send You information and notices regarding the Plasticity Inc. User Community and Your Plasticity User Community accounts by email, text messaging or other means based on the information You are responsible for all of Your activities in the Plasticity User Community. You shall treat other Plasticity User Community users with courtesy and respect. You shall not: Impersonate any other person; Falsely say or imply that You are associated with another person or entity; Submit content in exchange for payment or other consideration from another person or entity; Collect information about other Plasticity User Community users without their consent; or Submit or link to any content (including any name or User ID You use in the Plasticity) which:

  • Infringes or violates the intellectual property or other rights of any person or entity
  • Intentionally interferes with the operation of the Plasticity User Community
  • Violates anyone’s privacy or publicity rights
  • Breaches any duty of confidentiality that You owe to anyone
  • Provides any non-public information about Us or any other company or person without authorization (including the names and contact information for Our employees or Plasticity User Community users)
  • Is, in The Company’s sole discretion vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable; or that We reject for any other reason in Our sole
  • Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware;
  • Contains false or deceptive language, unsubstantiated or comparative claims regarding Our or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits.
  •  Please remember that You may be providing content for an international audience. Things that do not seem abusive, obscene, or offensive to You might seem so to others. The Company will reserve the right, in Their sole discretion and without cause at any time, and without notice to You, to remove, or refuse to post any content submitted or posted by You to the Plasticity Inc. Community.

Except as set out in the Order Form, the Subscription Right is granted to the Customer exclusively for the internal use of the Customer and its Users. The Customer shall not, and shall not permit or suffer Users, directly or indirectly, to do any of the following acts (each an “Illegal Act” and collectively, the “Illegal Acts”):

(i) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of Platform Services;

(ii) modify, translate, or create derivative works based on Platform Services;

(iii) rent, lease, distribute, license, sublicense, sell, resell, assign, or otherwise commercially exploit Platform Services or make Platform Services available to a third party other than as contemplated in this Agreement;

(iv) use Platform Services for timesharing or service bureau purposes or otherwise for the benefit of a third party;

(v) publish or disclose to third parties any evaluation of Platform Services without Plasticity’s prior written consent; (vi) create any link to Platform Services or frame or mirror any content contained or accessible from, Platform Services; or

(vii) violate any local, state, provincial, federal or foreign law, treaty, regulation or convention applicable to the Customer in connection with Users’ use of Platform Services, which may include without restriction, the CAN-SPAM Act of 2003 (U.S.A.), the Personal Information Protection and Electronic Documents Act (PIPEDA) (Canada) and any other applicable legislation in Canada enacted from time to time related to privacy, publicity, data protection, electronic communications and anti-spamming laws (and, without limiting the generality of the foregoing, Customer is solely and exclusively responsible for the collection, accuracy, currency, quality, legality, completeness and use of Customer Data that is stored on the System, disclosed to or used by Customer, Users or other authorized service providers in connection with Platform Services).

The Customer shall not and shall not permit or suffer the Users to do any of the following acts (individually, a “Prohibited Act”, and collectively, “Prohibited Acts”):

(i) wilfully tamper with the security of the Systems or tamper with other customer accounts of Plasticity Inc. Inc.,

(ii) access data on the System not intended for the Customer,

(iii) log into a server or account on the System that the Customer is not authorized to access,

(iv) attempt to probe, scan or test the vulnerability of any Systems or to breach the security or authentication measures without proper authorization;

(v) wilfully render any part of the Systems unusable.

Ownership of Customer Data and Confidentiality.

Customer Data. Confidential Information.

Customer retains all right, title and interest in and to all Customer Data, subject to the license rights granted to Plasticity necessary to provide Platform Services, Professional Services and Support under this Agreement. In particular, Customer grants Plasticity a non-exclusive royalty-free right to use, access and modify the Customer Data as required to provide the Platform Services, Professional Services and Support. Customer will identify an individual, employed or otherwise authorized by Customer, to respond to enquiries by Plasticity  concerning any Customer Data provided to Plasticity and to promptly address all enquiries concerning such information.

As used herein, “Confidential Information” means all confidential information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), that is designated in writing as confidential as well as Customer Data and the terms and conditions of this Agreement (including pricing and other terms reflected in all Order Forms hereunder). The Receiving Party agrees to keep confidential all Confidential Information disclosed to it by the Disclosing Party, and to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of Confidential Information). Plasticity  will restrict access to Customer’s Confidential Information to only those Plasticity employees, consultants and/or subcontractors necessary to successfully provide Platform Services, Professional Services and Support. Plasticity  shall cause each of its consultants and subcontractors who may provide Platform Services, Professional Services and Support to the Customer to enter into a confidentiality agreement in favour of the Customer on terms and conditions similar to this Section. Confidential Information shall not include information which: (a) is known publicly; (b) is generally known in the industry before disclosure; (c) has become known publicly, without fault of the Receiving Party, subsequent to disclosure by the Disclosing Party; or (d) has been otherwise lawfully known or received by the Receiving Party.

In receiving Customer Data from the Customer, Plasticity agrees that:

(i) all such Customer Data shall be used only in the manner and for such purposes that Customer and Plasticity  have agreed upon in writing; and

(ii) Plasticity, as requested or directed by Customer, shall either return to the Customer or destroy such Customer Data provided by the

Customer to Plasticity This Section 6.2 will not be construed to prohibit the disclosure of Confidential Information if such disclosure is required by law or order of the court or other governmental authority. The parties agree to give the other party prompt notice of the receipt of any subpoena or other similar request for such disclosure. Plasticity and other marks of Plasticity used on the Plasticity User Community are owned by Us and may not be used in any manner without Our express prior written consent pursuant to Our Trademark and Copyright Usage

THE PLASTICITY USER COMMUNITY IS PROVIDED “AS-IS,” EXCLUSIVE OF ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONTENT POSTED BY ANYONE OTHER THAN US ON THE PLASTICITY USER COMMUNITY IS THE SOLE RESPONSIBILITY OF THE ORIGINATOR OF THAT CONTENT. WE ARE NOT RESPONSIBLE FOR ANY CONTENT POSTED BY YOU OR ANY THIRD PARTY, WHETHER OR NOT WE REVIEWED OR MODERATED SUCH CONTENT. CONTENT POSTED BY US ON THE PLASTICITY INC. USER COMMUNITY PAGES ARE NOT PART OF ANY USER GUIDE OR LEGAL AGREEMENT. ALL SUCH AFOREMENTIONED CONTENT IS PROVIDED “AS-IS”, AND WE DO NOT MAKE ANY REPRESENTATION AS TO ITS QUALITY OR ACCURACY, AND WE SPECIFICALLY DISCLAIM THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS, NONINFRINGEMENT, QUALITY OR ORIGINALITY OF SUCH CONTENT. WE DISCLAIM ANY RESPONSIBILITY WHATSOEVER FOR ANY CONTENT OR MATERIAL ON THE PLASTICITY USER COMMUNITY REGARDLESS OF WHO ORIGINATED THAT CONTENT (INCLUDING OUR EMPLOYEES, PARTNERS, AFFILIATES OR MODERATORS). YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING UPON CONTENT ON THE PLASTICITY USER COMMUNITY, INCLUDING FEATURE REQUESTS AND CONTENT ON THE PLASTICITY INSTANCE. IN NO EVENT SHALL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH.

You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, and employees harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from:

(i) Your breach of these Terms of Use or

(ii) any claim made by any third party arising out of content You submit to or post on the Plasticity User Community, including, but not limited to, Your violation of these Terms of Use, Your violation of any rights of a third party, feature requests posted on the Plasticity Instance, or Your use of the We generally do not pre-screen, verify, edit, monitor or moderate the content posted by users on the Plasticity User Community but may do so from time to time in Our sole discretion, including in private groups. We and Our agents reserve the right to investigate any violation of these Terms of Use and to take appropriate remedial action. Any violation of these Terms of Use may result in the suspension or termination of Your ability to use or participate on the Plasticity User Community and its associated pages. We reserve the right to enforce these Terms of Use in our sole discretion, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Use, or which we otherwise deem inappropriate, harmful, objectionable or inaccurate. Deliberate attempts by You or someone on Your behalf to evade or circumvent the suspension or termination of Your rights to use or participate on the Plasticity User Community violates these Terms of Use, constitutes an unlawful trespass to Our equipment and systems, and may result in legal action. We may release information concerning Your use of the Plasticity User Community (including posted content, registration information, and network records) when We believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms of Use; to protect Our rights or property; to protect against fraudulent, abusive or unlawful use or participation on the Plasticity User Community; or if We reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure. To report violations of these Terms of Use, please email support@PlasticityLabs.com with appropriate details, including Your contact information. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms of Use will remain in effect. These Terms of Use do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between You and Us. You may not assign Your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without Our prior written consent. These Terms of Use shall be governed exclusively by the internal laws of the Province of Ontario, without regard to its conflicts of laws rules. Each party hereby consents to the exclusive jurisdiction of the provincial and federal courts located in Waterloo, Ontario, Canada, to adjudicate any dispute arising out of or relating to this Agreement. Except as expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. No modification, amendment, or waiver of any provision of these Terms of Use shall be effective unless it is by an update to these Terms of Use that we make available on this website, or is in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.