Terms and Conditions of Cellulite Institute
Users of the Services offered by CelluliteInstitute acknowledge and accept these terms and conditions.
Owner of Cellulite Institute and related Services
Merz Pharmaceuticals GmbH
Eckenheimer Landstraße 100
60318 Frankfurt / Main
Owner contact email: firstname.lastname@example.org
Introduction Service description
CelluliteInstitute allows the matching of supply and demand in the field of aesthetic medicine and surgery services. By registering on the site, Users have access to a database of Professionals operating in the field of aesthetic medicine and surgery, as well as other information on the same topics. Through the website features the User can contact the Professionals and arrange an appointment. CelluliteInstitute is thus a pure technological infrastructure that allows the meeting and communication between Users and Professionals, without intervening in the legal relationship established between these subjects. The use of the site is free of charge only for Users who qualify as Consumers.
This document is a legal agreement between you, the User, and the Owner providing CelluliteInstitute. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and the Owner once you have accepted the terms. For simplicity, “User,” “you,” “your” and similar terms, either in singular or plural form, refer to you, the User. ”The Owner”, “we,” “our,” “us” and similar terms refer to the corporation that owns and manages CelluliteInstitute as outlined in the present document. “CelluliteInstitute” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
Acceptance of this Agreement
In order to use CelluliteInstitute, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you do not accept this Agreement you cannot use the Service.
Registration, content on Cellulite Institute and prohibited use of Cellulite Institute Registration
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User’s access credential.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of CelluliteInstitute or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.
The Owner reserves the right to suspend or terminate the User’s account at any time and without notice if it has reason to believe that:
- User has violated this Agreement;
- User’s access or use of the Service may result in injury to the Owner, other Users or third parties;
- the use of CelluliteInstitute by the User may result in violation of law or regulations;
- the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement; and/or
- in case of an investigation by legal action or governmental involvement
Content provided by the User
Users are responsible for their own content and that of third parties that they share through CelluliteInstitute, that they upload and post on or through CelluliteInstitute, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties, but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:
- other Users file complaints;
- a notice of infringement of intellectual property rights is received;
- it is decided to do so in view of, or as a result of, legal actions;
- said action is solicited by a public authority; or
- if it is believed that the content, while being accessible via CelluliteInstitute, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain CelluliteInstitute.
Unless stated otherwise, the following applies:
By submitting, posting or displaying content on or through this Application, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on CelluliteInstitute. The Owner is not responsible for the content provided by third parties or for its availability.
Services provided by third parties
Users may use third-party services or content included in CelluliteInstitute, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
In particular, the User acknowledges and accepts that membership of CelluliteInstitute by Professionals is free and not subject to any verification by CelluliteInstitute, which is limited to facilitating communication between the User and Professional. CelluliteInstitute therefore does not guarantee or answer for the services provided by Professionals contacted through the site. The User is encouraged to report any abuse or misuse of CelluliteInstitute by Professionals to the contact details displayed at the beginning of this document.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on CelluliteInstitute or any portion of it;
- circumvent any technology used by CelluliteInstitute or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through CelluliteInstitute;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of CelluliteInstitute or its content;
- rent, lease or sublicense CelluliteInstitute;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- misappropriate any account in use by another User;
- register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through CelluliteInstitute in any way;
- use CelluliteInstitute in any other improper manner that violates the Terms.
Indemnification and limitation of liability
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
In particular, the User acknowledges and accepts that CelluliteInstitute does not intervene and is not part of any legal relationship established between User and Professional, and that the admission of Professionals to CelluliteInstitute is unrestricted and not subject to any prior verification. CelluliteInstitute is therefore not responsible for the work of the Professionals and invites Users to report any abuse, misuse or violation, even if only suspicious, to the contact details displayed at the beginning of this document.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of CelluliteInstitute and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning CelluliteInstitute are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on CelluliteInstitute are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner may not own the aforementioned intellectual property rights and use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
CelluliteInstitute grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and/or any other technical means embedded in the Service provided by CelluliteInstitute. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Software related to the Service, like any other copyright or other intellectual property rights, is the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Software, and acknowledges that its use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under this Agreement.
The right to use the Software, does not grant any rights to the original source code. All techniques, algorithms, and procedures contained in the Software and their documentation is information protected by copyright and are the sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in this Agreement.
All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.
Users declare to be adult according to their applicable legislation. Admission to CelluliteInstitute.com is not granted to underage persons.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within CelluliteInstitute.
Users who continue to use CelluliteInstitute after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to CelluliteInstitute must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
This Agreement shall be subject to German law without reference to any of its conflict of law rules or the UN Convention on the Sale of Goods. The courts seated in Frankfurt/Main, Germany, shall have exclusive jurisdiction over all disputes arising from or relating to the Agreement. An exception applies where the law provides a deviating place of jurisdiction for consumers.
Service The service provided by CelluliteInstitute websites.
Terms and Conditions or Terms These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
User Any user of the Service, whether a human being or legal entity.
Professional The individual or legal entity providing professional medical and surgical aesthetic services. “Professional” is also deemed a User in regard to providing any content for CelluliteInstitute, using the Service and any liability therewith.