Terms Of Service
Last Revision Date: December 1, 2022
Pangea Digital Dental Word Ltd. ("Pangea") provides an online dental and/or denture design sharing platform that connects designers with customers who wish to order dental and/or denture designs ("Designs"). Pangea can be accessed online, pangeadental.com, and as an application for mobile devices. The Pangea website, mobile application and related services are collectively referred to as the "Service". By accessing or using the Services, including communicating with us or other Pangea users, you agree to be bound by the Terms of Service ("Terms"), whether or not you become a registered service users. The Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Pangea.
These Terms, together with the Pangea Privacy Policy (collectively, the "Policy") constitute an "Agreement" between you and Pangea (each a "Party" and together, “the Parties").
Pangea reserves the right to amend the Services or the Agreement including these Terms at any time in its sole discretion. If we revise these Terms, we will post the amendments on the Service. We will also update the “last revised” date at the top of these Terms. If you continue to access or use the Services after we have posted any amendments or provided notice of amendments to you, you agree to be bound by the amended Terms. If you are unable to accept the amended Terms, your sole recourse is to cease using and accessing the Services and close your Pangea account within 30 days. If you choose to close your Pangea account, the previous effective version of these Terms will apply to you unless you use the Services for an intervening 30 days, in which case the new version of these Terms will apply to you.
Services are intended only for designers and/or clients over the age of 18. Use of the Services by persons who do not meet this age requirement is expressly prohibited.
You must register for an account with us ("Pangea Account") in order to access certain features of the Services. You can create a Pangea account by providing your first and last name, email address and creating a password. When you, as a customer ("Customer") order a design, you provide us with certain additional information about yourself. Likewise, when listing your designs (“Host”), you provide certain additional information about yourself (if applicable). Uploaded designs must be either STL (Stereolithography) CAD files or DICOM (Digital Imaging and Communications in Medicine) files. Customers may request a picture of the STL or DICOM file for preview before ordering the design. You must provide accurate, current and complete information during the registration, ordering and/or listing process. You should always keep your Pangea account up to date. Depending on the information you provide, Pangea may impose additional requirements for you to order the designs.
Where permitted, Pangea has the right, but not the obligation, to screen, verify and participate in processes designed to help verify the identity of its users. Pangea does not warrant users or their backgrounds to perform any particular screening process. Pangea may, in its sole discretion, use third party services to verify the information you provide to us and obtain additional relevant information and corrections where applicable, and you allow Pangea to request, receive, use and store such information. grants you permission to do so. Pangea may, in its sole discretion, accept or reject design orders or listing requests. Pangea may endeavor to ensure the accuracy of designs shared through the Services, but does not make any promises. We make no representations, confirmations or warranties as to the authenticity and accuracy of the designs beyond the policy of requiring the designers to guarantee a workable design in accordance with the customer's order.
You will give Pangea written instructions and authorize Pangea whenever you attempt to order or list a design, or if Pangea reasonably believes that it may increase the level of risk associated with your Pangea account. You authorize Pangea to obtain your credit report in accordance with applicable consumer reporting laws or similar laws and/or perform background checks, including criminal background checks, where permitted by applicable law.
The fees we charge for use of the Services and other cost structures are itemized at the time of customer checkout. You can verify the order amount at checkout before submitting your request. When you provide a payment method to Pangea, you authorize Pangea or a third-party service provider acting on Pangea's behalf to store your payment credentials for future use if you are required to pay Pangea. You authorize Pangea to use your stored payment credentials for balances, including order costs and listing fees. In some cases, our payment processors may agree with the card network to automatically update stored payment credentials whenever a new card is received and to notify such updates to stored payments credentials for balance.
In certain jurisdictions, Pangea may collect and remit certain taxes on behalf of its clients or designers under existing and future tax regulations. The amount of tax collected and remitted by Pangea will be indicated and separately stated on each order document and invoice to both the customer and the designer.
You agree to use your Pangea account and Services at all times in accordance with these Terms, applicable law and other policies and standards provided to you by Pangea.
You are solely responsible for all activities that occur through your Pangea account. Keep your Pangea account information safe, including your password. You agree that you will not disclose your password to any third party and that you are fully responsible for all activities or actions under your Pangea account, whether or not you authorize such activities or actions. You must immediately notify Pangea of any actual or suspected unauthorized use of your Pangea account. We will not be liable for your failure to comply with this section or for any delay in termination or protection of your Pangea account, unless you report unauthorized access to us.
Subject to your compliance with the terms of these Terms, Pangea grants you a limited, revocable, non-exclusive, non-transferable license to access and view Pangea and/or user Content. Access permitted only for your personal and non-commercial purposes. You do not have the right to sublicense the license rights granted in this section. Except for the licenses and rights expressly granted in these Terms, no licenses or rights are granted to you, implied or otherwise, under any intellectual property rights owned or controlled by Pangea or its licensors.
We may, in our sole discretion, allow you to post, upload, post, submit or transmit content through the Services. By making Content available on or through the Service, you grant Pangea, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, to use, view, copy, adapt, modify, distribute, transmit, publicly display, publicly perform, transmit, stream, broadcast, access, and in any other way through, or to promote or market the Services.
In connection with your use of or access to the Services, you agree not to advocate, recommend, solicit or assist any third party to:
• Violate and/or circumvent any local, state, provincial/territory, regional or national law or any other law or regulation or court order, including but not limited to tax regulations, licensing or registration requirements; or self right
• Prepare derivative works of any content or service derived from content or services licensed to Pangea and belonging to other Pangea users or third parties, unless with the express prior written permission of Pangea. Except for any copyright, trademark, patent or other intellectual property rights, privacy, publicity rights, moral rights or contractual rights
• Through unauthorized use of the Services and/or user Content;
• Registration and/or use of "Pangea" or any derivative term in any domain name, trade name, trademark or otherwise;
• Alias, date of birth, driver's license information, payment method, insurance or other personal information;
• By registering for a Pangea Account on behalf of an individual other than you
• Impersonate any person or entity, or falsify or misrepresent yourself or your relationship with any person or entity;
• Failure to pay any fees, fines or other amounts owed to Pangea or other users;
• Use the Services to locate hosts or guests, and then complete transactions partially or wholly independently of the Services for reasons including, but not limited to, avoiding Pangea's obligation to pay fees associated with providing the Services.
• Transfer your Pangea account and/or user ID to another person without our consent
• Harass, stalk, defame, or otherwise collect or store personally identifiable information about other Pangea users, other than for the purpose of transacting as a host or guest under these Terms;
• Engage in acts of physical or verbal abuse or intimidation
• Use the Services to transmit, distribute, post or submit information about any other person or entity, including but not limited to personal contact information, payment method details or account numbers.
• Bring or assert legal claims against Pangea or its users in any manner prohibited or waived by these Terms.
• Contact other Pangea users for purposes other than those related to registration or that user's use of the Services; • Commercialize any content found on the Services or software related to the Services, including reviews.
• Collect information about you without your and our consent.
• Recruiting or soliciting users to sign up for a third-party service or website that competes with Pangea without our prior written approval;
• Interfere with other users' lists
• Use the Services in connection with the distribution or posting of unsolicited commercial messages;
• Distribute viruses or other technologies or similar methods or technologies, such as cancellation bots, trojans, malicious code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, spoofed routing or email address information; Interfering with or interfering with the provision or harming the interests or property of Pangea or others;
• Systematically retrieve data or other content from the Services to directly or indirectly create or compile collections, compilations, databases, directories, etc., using bots, crawlers, spiders, etc.
• Use, display, mirror or frame the layout and design of the Services or individual elements within the Services, Pangea names, Pangea trademarks, logos or other proprietary information or pages or forms contained on any page of the Services, without the express written consent of Pangea;
• Access, tamper with, or use of non-public areas of the Services, computer systems or technical delivery systems of the Service Provider.
• Attempt to probe, scan or test vulnerabilities in our systems or networks or to breach security or authentication measures;
• Avoid, circumvent, remove, disable, impair, descrambling or circumvent any technical measures implemented by Pangea or its service providers or other third parties (including other users) to secure the Services.
• Forge TCP/IP packet headers or any part of the header information of an email or newsgroup posting, or use the Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Services; • Efforts to avoid suspension, termination or closure of your Pangea account or other Pangea user accounts;
To the fullest extent permitted by law, Pangea has the right, but not the obligation, to investigate, pursue and prosecute, proceed with, or refer any breach of contract to law enforcement.
Pangea reserves the right, subject to applicable law and without prior notice, to remove or disable access to any content that violates these Terms for any reason, at its sole discretion. If we believe that you are in any way abusing Pangea, our users, or any other person, or are violating the spirit of these Terms, we will, at its sole discretion and without limiting our other remedies, remove or downgrade listings, reduce or remove discounts, or prevent use of the Services. We also reserve the right to deny or terminate access to the Services to anyone for any reason to the full extent permitted by applicable law.
Users' performance history and specific circumstances can be taken into account when enforcing policies when issues arise. We may, in our sole and absolute discretion, make more lenient choices about policy enforcement in an effort to do the right thing.
You agree that Pangea may contact you by electronic means in lieu of the requirement for postal notice. In order to reach you more efficiently, you agree that we may from time to time contact you using auto-dial or pre-recorded message calls or text messages to your phone number. We primarily use these calls or texts to verify your subscription, to provide notices regarding your Pangea account or Pangea account activity, to investigate or prevent fraud, to collect debts owed to us, or to deliver urgent messages. We may share your phone number with contracted service providers to help us pursue these interests. We do not share your phone number with third parties for their purposes without your consent. If Pangea is required to obtain your consent for such communications, you may choose to withdraw your consent.
You authorize Pangea and its service providers to, in our sole discretion, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf have with Pangea or its agents for quality control and training purposes. You acknowledge and understand that your communications with Pangea may be overheard, monitored or recorded with additional notices or warnings.
The parties agree not to take any action that could reasonably be expected to damage the other party's reputation or lead to undesirable or unfavorable publicity for the other party.
If Pangea has provided you with a translation of the English version of these Terms or Policies, in the event of any inconsistency in wording between the English language and the other version of the Terms and Policies, the English language wording shall prevail. The parties agree that the substantive laws of Alberta will govern these Terms and the Agreement without regard to its conflict of law provisions. If any provision of these Terms is invalid, revocable or unenforceable, the remaining provisions shall remain in full force and effect. Failure by either party to enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision, nor shall it be construed to affect the validity of these Terms or any part or right thereof. It may enforce that provision or each and every other provision at any time. A waiver of any breach of these Terms shall not constitute or be deemed a waiver of any other breach. Pangea does not appoint you or other users as its employees, obligatory or legal representatives, or form any kind of legal partnership or joint venture. You are not authorized to make promises on behalf of Pangea and Pangea will not make promises on behalf of you except as contemplated by the Services or as expressly stated in these Terms. The Agreement, including these Terms, sets forth the entire understanding between you and Pangea regarding your access to and use of the Services and supersedes any prior oral or written communications between us. YOU ARE RESPONSIBLE FOR YOUR OBLIGATIONS UNDER THESE TERMS IN ANY EVENT. Pangea directors or officers must agree in writing to any amendments or waiver of the Terms. Headings are for reference only and do not limit the scope of such section. If you have any questions for us concerning the Agreement, or Pangea generally, please contact us at info@pangeadental.com.
These Terms, together with the Pangea Privacy Policy (collectively, the "Policy") constitute an "Agreement" between you and Pangea (each a "Party" and together, “the Parties").
Pangea reserves the right to amend the Services or the Agreement including these Terms at any time in its sole discretion. If we revise these Terms, we will post the amendments on the Service. We will also update the “last revised” date at the top of these Terms. If you continue to access or use the Services after we have posted any amendments or provided notice of amendments to you, you agree to be bound by the amended Terms. If you are unable to accept the amended Terms, your sole recourse is to cease using and accessing the Services and close your Pangea account within 30 days. If you choose to close your Pangea account, the previous effective version of these Terms will apply to you unless you use the Services for an intervening 30 days, in which case the new version of these Terms will apply to you.
Services are intended only for designers and/or clients over the age of 18. Use of the Services by persons who do not meet this age requirement is expressly prohibited.
You must register for an account with us ("Pangea Account") in order to access certain features of the Services. You can create a Pangea account by providing your first and last name, email address and creating a password. When you, as a customer ("Customer") order a design, you provide us with certain additional information about yourself. Likewise, when listing your designs (“Host”), you provide certain additional information about yourself (if applicable). Uploaded designs must be either STL (Stereolithography) CAD files or DICOM (Digital Imaging and Communications in Medicine) files. Customers may request a picture of the STL or DICOM file for preview before ordering the design. You must provide accurate, current and complete information during the registration, ordering and/or listing process. You should always keep your Pangea account up to date. Depending on the information you provide, Pangea may impose additional requirements for you to order the designs.
Where permitted, Pangea has the right, but not the obligation, to screen, verify and participate in processes designed to help verify the identity of its users. Pangea does not warrant users or their backgrounds to perform any particular screening process. Pangea may, in its sole discretion, use third party services to verify the information you provide to us and obtain additional relevant information and corrections where applicable, and you allow Pangea to request, receive, use and store such information. grants you permission to do so. Pangea may, in its sole discretion, accept or reject design orders or listing requests. Pangea may endeavor to ensure the accuracy of designs shared through the Services, but does not make any promises. We make no representations, confirmations or warranties as to the authenticity and accuracy of the designs beyond the policy of requiring the designers to guarantee a workable design in accordance with the customer's order.
You will give Pangea written instructions and authorize Pangea whenever you attempt to order or list a design, or if Pangea reasonably believes that it may increase the level of risk associated with your Pangea account. You authorize Pangea to obtain your credit report in accordance with applicable consumer reporting laws or similar laws and/or perform background checks, including criminal background checks, where permitted by applicable law.
The fees we charge for use of the Services and other cost structures are itemized at the time of customer checkout. You can verify the order amount at checkout before submitting your request. When you provide a payment method to Pangea, you authorize Pangea or a third-party service provider acting on Pangea's behalf to store your payment credentials for future use if you are required to pay Pangea. You authorize Pangea to use your stored payment credentials for balances, including order costs and listing fees. In some cases, our payment processors may agree with the card network to automatically update stored payment credentials whenever a new card is received and to notify such updates to stored payments credentials for balance.
In certain jurisdictions, Pangea may collect and remit certain taxes on behalf of its clients or designers under existing and future tax regulations. The amount of tax collected and remitted by Pangea will be indicated and separately stated on each order document and invoice to both the customer and the designer.
You agree to use your Pangea account and Services at all times in accordance with these Terms, applicable law and other policies and standards provided to you by Pangea.
You are solely responsible for all activities that occur through your Pangea account. Keep your Pangea account information safe, including your password. You agree that you will not disclose your password to any third party and that you are fully responsible for all activities or actions under your Pangea account, whether or not you authorize such activities or actions. You must immediately notify Pangea of any actual or suspected unauthorized use of your Pangea account. We will not be liable for your failure to comply with this section or for any delay in termination or protection of your Pangea account, unless you report unauthorized access to us.
Subject to your compliance with the terms of these Terms, Pangea grants you a limited, revocable, non-exclusive, non-transferable license to access and view Pangea and/or user Content. Access permitted only for your personal and non-commercial purposes. You do not have the right to sublicense the license rights granted in this section. Except for the licenses and rights expressly granted in these Terms, no licenses or rights are granted to you, implied or otherwise, under any intellectual property rights owned or controlled by Pangea or its licensors.
We may, in our sole discretion, allow you to post, upload, post, submit or transmit content through the Services. By making Content available on or through the Service, you grant Pangea, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, to use, view, copy, adapt, modify, distribute, transmit, publicly display, publicly perform, transmit, stream, broadcast, access, and in any other way through, or to promote or market the Services.
In connection with your use of or access to the Services, you agree not to advocate, recommend, solicit or assist any third party to:
• Violate and/or circumvent any local, state, provincial/territory, regional or national law or any other law or regulation or court order, including but not limited to tax regulations, licensing or registration requirements; or self right
• Prepare derivative works of any content or service derived from content or services licensed to Pangea and belonging to other Pangea users or third parties, unless with the express prior written permission of Pangea. Except for any copyright, trademark, patent or other intellectual property rights, privacy, publicity rights, moral rights or contractual rights
• Through unauthorized use of the Services and/or user Content;
• Registration and/or use of "Pangea" or any derivative term in any domain name, trade name, trademark or otherwise;
• Alias, date of birth, driver's license information, payment method, insurance or other personal information;
• By registering for a Pangea Account on behalf of an individual other than you
• Impersonate any person or entity, or falsify or misrepresent yourself or your relationship with any person or entity;
• Failure to pay any fees, fines or other amounts owed to Pangea or other users;
• Use the Services to locate hosts or guests, and then complete transactions partially or wholly independently of the Services for reasons including, but not limited to, avoiding Pangea's obligation to pay fees associated with providing the Services.
• Transfer your Pangea account and/or user ID to another person without our consent
• Harass, stalk, defame, or otherwise collect or store personally identifiable information about other Pangea users, other than for the purpose of transacting as a host or guest under these Terms;
• Engage in acts of physical or verbal abuse or intimidation
• Use the Services to transmit, distribute, post or submit information about any other person or entity, including but not limited to personal contact information, payment method details or account numbers.
• Bring or assert legal claims against Pangea or its users in any manner prohibited or waived by these Terms.
• Contact other Pangea users for purposes other than those related to registration or that user's use of the Services; • Commercialize any content found on the Services or software related to the Services, including reviews.
• Collect information about you without your and our consent.
• Recruiting or soliciting users to sign up for a third-party service or website that competes with Pangea without our prior written approval;
• Interfere with other users' lists
• Use the Services in connection with the distribution or posting of unsolicited commercial messages;
• Distribute viruses or other technologies or similar methods or technologies, such as cancellation bots, trojans, malicious code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, spoofed routing or email address information; Interfering with or interfering with the provision or harming the interests or property of Pangea or others;
• Systematically retrieve data or other content from the Services to directly or indirectly create or compile collections, compilations, databases, directories, etc., using bots, crawlers, spiders, etc.
• Use, display, mirror or frame the layout and design of the Services or individual elements within the Services, Pangea names, Pangea trademarks, logos or other proprietary information or pages or forms contained on any page of the Services, without the express written consent of Pangea;
• Access, tamper with, or use of non-public areas of the Services, computer systems or technical delivery systems of the Service Provider.
• Attempt to probe, scan or test vulnerabilities in our systems or networks or to breach security or authentication measures;
• Avoid, circumvent, remove, disable, impair, descrambling or circumvent any technical measures implemented by Pangea or its service providers or other third parties (including other users) to secure the Services.
• Forge TCP/IP packet headers or any part of the header information of an email or newsgroup posting, or use the Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Services; • Efforts to avoid suspension, termination or closure of your Pangea account or other Pangea user accounts;
To the fullest extent permitted by law, Pangea has the right, but not the obligation, to investigate, pursue and prosecute, proceed with, or refer any breach of contract to law enforcement.
Pangea reserves the right, subject to applicable law and without prior notice, to remove or disable access to any content that violates these Terms for any reason, at its sole discretion. If we believe that you are in any way abusing Pangea, our users, or any other person, or are violating the spirit of these Terms, we will, at its sole discretion and without limiting our other remedies, remove or downgrade listings, reduce or remove discounts, or prevent use of the Services. We also reserve the right to deny or terminate access to the Services to anyone for any reason to the full extent permitted by applicable law.
Users' performance history and specific circumstances can be taken into account when enforcing policies when issues arise. We may, in our sole and absolute discretion, make more lenient choices about policy enforcement in an effort to do the right thing.
You agree that Pangea may contact you by electronic means in lieu of the requirement for postal notice. In order to reach you more efficiently, you agree that we may from time to time contact you using auto-dial or pre-recorded message calls or text messages to your phone number. We primarily use these calls or texts to verify your subscription, to provide notices regarding your Pangea account or Pangea account activity, to investigate or prevent fraud, to collect debts owed to us, or to deliver urgent messages. We may share your phone number with contracted service providers to help us pursue these interests. We do not share your phone number with third parties for their purposes without your consent. If Pangea is required to obtain your consent for such communications, you may choose to withdraw your consent.
You authorize Pangea and its service providers to, in our sole discretion, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf have with Pangea or its agents for quality control and training purposes. You acknowledge and understand that your communications with Pangea may be overheard, monitored or recorded with additional notices or warnings.
The parties agree not to take any action that could reasonably be expected to damage the other party's reputation or lead to undesirable or unfavorable publicity for the other party.
If Pangea has provided you with a translation of the English version of these Terms or Policies, in the event of any inconsistency in wording between the English language and the other version of the Terms and Policies, the English language wording shall prevail. The parties agree that the substantive laws of Alberta will govern these Terms and the Agreement without regard to its conflict of law provisions. If any provision of these Terms is invalid, revocable or unenforceable, the remaining provisions shall remain in full force and effect. Failure by either party to enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision, nor shall it be construed to affect the validity of these Terms or any part or right thereof. It may enforce that provision or each and every other provision at any time. A waiver of any breach of these Terms shall not constitute or be deemed a waiver of any other breach. Pangea does not appoint you or other users as its employees, obligatory or legal representatives, or form any kind of legal partnership or joint venture. You are not authorized to make promises on behalf of Pangea and Pangea will not make promises on behalf of you except as contemplated by the Services or as expressly stated in these Terms. The Agreement, including these Terms, sets forth the entire understanding between you and Pangea regarding your access to and use of the Services and supersedes any prior oral or written communications between us. YOU ARE RESPONSIBLE FOR YOUR OBLIGATIONS UNDER THESE TERMS IN ANY EVENT. Pangea directors or officers must agree in writing to any amendments or waiver of the Terms. Headings are for reference only and do not limit the scope of such section. If you have any questions for us concerning the Agreement, or Pangea generally, please contact us at info@pangeadental.com.
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