Terms and Conditions

These are the general terms and conditions (“Terms and Conditions“) of 247dermatologist BV (hereinafter referred to as “247dermatologist“, “we,” “us,” or “our”), a company with address Steve Bikoplein 6-1, 1092GN, Amsterdam. 247dermatologist is registered with the Chamber of Commerce under number 865153723. By using or visiting the (mobile) applications, websites, or other services of 247dermatologist (hereinafter collectively referred to as the “Service“), you agree to be bound by these Terms and Conditions. The Service is owned and operated by 247dermatologist. These Terms and Conditions govern your rights and obligations. If you do not wish to be bound by these Terms and Conditions, do not use or visit the Service.

1. Registration and Account Security

1. You must be at least 13 years old to use the Service. If you are under the age of 16, you need permission from a parent or guardian to use the Service.
2. You are responsible for all activities that occur through your account. You agree not to sell, transfer, or lend your account, username, or other account-related rights. Except for individuals or companies expressly authorized to create accounts on behalf of their employees or clients, 247dermatologist prohibits the creation of an account for anyone other than yourself.
3. You warrant that all information you provide or have provided during the creation of an account is true, accurate, complete, and up-to-date, and you agree to update your account information to maintain its accuracy and completeness.
4. You agree not to use, collect, or retrieve the login credentials of other 247dermatologist users.
5. You will not attempt to restrict another user from using the Service, and you shall not encourage or facilitate the violation of these Terms and Conditions or any other terms of 247dermatologist.
6. You are responsible for safeguarding and maintaining the confidentiality of your password.
7. You shall not create an account on the Service in an unauthorized manner, including but not limited to using a device, script, bot, spider, crawler, or scraper.
8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, photos, profiles, graphic art, copyrighted works, links, and other content or materials (collectively, “User Content”) that you submit, post, or display on or through the Service.
9. Violation of these Terms and Conditions may result in termination of your 247dermatologist account. You understand and agree that 247dermatologist cannot and will not be responsible for User Content published through the Service, and that you use this Service at your own risk. If you violate the Terms and Conditions or pose a legal risk to 247dermatologist, we may, at our discretion, fully or partially discontinue providing the Service to you and terminate your account.

2. Safety

1. You may not send unwanted emails, comments, or any form of commercial or intimidating communication (spam) to users of 247dermatologist.
2. You may not defame, stalk, harass, abuse, threaten, impersonate, discriminate against, intimidate, or disclose personal or confidential information of individuals or entities through the Service.
3. You may not post violent, discriminatory, unlawful, infringing, hateful, pornographic, or sexually explicit User Content through the Service.
4. You may not use the Service for illegal or unauthorized purposes. You agree to comply with all laws, rules, and regulations applicable to your use of the Service, including but not limited to copyright laws.
5. It is prohibited to obstruct or disrupt the Service or the servers and/or networks connected to the Service, such as by transmitting worms, viruses, spyware, malware, or any other destructive or disruptive code. You may not inject content or code or otherwise interfere with the way a 247dermatologist page is displayed in a user’s browser or device.
6. You may not modify, alter, adapt, or tamper with the Service or any other website to falsely imply an association with the Service or 247dermatologist.

3. General Conditions

1. We reserve the right to modify or terminate the Service or your access to the Service, without prior notice and without liability to you, in the event of a violation of these Terms and Conditions. This right also applies in case of repeated infringement of the intellectual property rights of others or for any other legal reasons.
2. We reserve the right to revoke the right to use a username for any reason.
3. Upon termination, all licenses and other rights granted to you under these Terms and Conditions shall immediately expire.
4. We reserve the right to deny access to the Service to any person at any time and for any reason.
5. We are entitled, but not obligated, to remove, modify, block, and/or monitor User Content that we deem to be in violation of our Terms and Conditions. 247dermatologist reserves the right to remove any User Content from the Service for any reason, without prior notice. Deleted User Content from the Service may be stored by 247dermatologist to comply with certain legal obligations but may not be retrievable without a valid court order. 247dermatologist recommends that you make your own backups of your User Content. 247dermatologist is not a backup service, and you agree that you will not rely solely on the Service for purposes such as backup or storage. 247dermatologist shall not be liable for any modification, suspension, or discontinuation of the Service or the loss of User Content. You acknowledge that the security of internet connections can never be fully guaranteed, and that the transmission of User Content or other information may not be completely secure.
6. You agree that 247dermatologist is not responsible for User Content posted on the Service, and it should not be assumed that 247dermatologist approves or endorses such User Content. 247dermatologist has no obligation to pre-screen, monitor, edit, or remove User Content. If your User Content violates the Terms and Conditions, you bear the legal responsibility for it.
7. You agree that you are responsible for any data charges incurred through the use of the Service.
8. We prohibit crawling, scraping, caching, or otherwise accessing the Service through automated means (except for standard search engine protocols or technologies used by a search engine with express permission from 247dermatologist).

4. Intellectual Property Rights

1. 247dermatologist hereby grants you a non-transferable license to use the Service.
2. Modifying the source code of the Service, creating derivative works from it, decompiling it, or obtaining it in any other way, except when expressly permitted under an open-source license or when we have expressly granted you written permission, is not allowed. Any attempt to do so is a violation of 247dermatologist’s rights.
3. 247dermatologist does not claim ownership of User Content that you post on or through the Service. Instead, you hereby grant 247dermatologist a non-exclusive, royalty-free, transferable, sublicensable, worldwide license for the User Content that you post on or through the Service, in accordance with 247dermatologist’s privacy policy.
4. You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the rights and licenses set forth in these Terms and Conditions; (ii) the posting and use of your User Content on or through the Service does not violate or infringe upon the rights of any third party, including privacy rights, publicity rights, copyrights, trademarks, and/or other intellectual property rights; (iii) you have paid all royalties, fees, and any other amounts owed in connection with the User Content that you post on or through the Service; and (iv) you have the right and authority to enter into these Terms and Conditions.
5. The Service contains content owned or licensed by 247dermatologist (“247dermatologist Content”). 247dermatologist Content is protected by intellectual property rights, such as copyrights and trademarks. 247dermatologist retains all rights in and to the 247dermatologist Content. You are not allowed to remove, modify, or obscure any copyright notice, trademark notice, or other intellectual property rights notice included in or accompanying the 247dermatologist Content. Nor are you permitted to reproduce, modify, adapt, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit 247dermatologist Content or create derivative works from it.
6. The 247dermatologist name and logo are trademarks of 247dermatologist and may not be copied, imitated, or used, in whole or in part, without prior written permission from 247dermatologist. Additionally, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of 247dermatologist and may not be copied, imitated, or used without prior written permission from 247dermatologist.

5. Third Parties

1. The Service or communication you receive from the Service may contain links to third-party (mobile) applications, websites, or features. The Service may also include content from third parties that we do not endorse or recommend. 247dermatologist does not control web services or other content from these third parties. You expressly acknowledge and agree that 247dermatologist is in no way responsible or liable for such thirdparty services or features. We recommend that you read the terms and privacy policy of these third parties.

6. Disclaimer of Warranties

1. The Service, including 247dermatologist Content, is provided on an “as is,” “as available,” and “with all faults” basis. To the extent permitted by law, neither 247dermatologist nor its directors, employees, managers, officers, partners, affiliates, or agents (collectively, the “247dermatologist Parties”) provide any warranty or endorsement of any kind, explicit or implied, regarding: (a) the Service; (b) the 247dermatologist Content; (c) User Content; or (d) the security related to the transmission of information to 247dermatologist or through the Service. Furthermore, the 247dermatologist Parties hereby disclaim all explicit and implied warranties, including, but
   not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, ownership, customization, trade, quiet enjoyment, system integration, and absence of computer viruses.
2. The 247dermatologist Parties do not guarantee that the Service will function without errors or interruptions,that defects will be corrected, or that the Service or the server that makes the Service available is free of harmful components, including, but not limited to, viruses. The 247dermatologist Parties do not warrant or represent that the information (including instructions) on the Service is accurate, complete, or useful.
3. You acknowledge that your use of the Service is entirely at your own risk. The 247dermatologist Parties do not guarantee that your use of the Service is permitted by law in any specific jurisdiction, and therefore explicitly disclaim such warranties. In some jurisdictions, the exclusion of implied or other warranties is limited or not allowed: this means that the above disclaimer may not apply to you and the Terms and Conditions in your jurisdiction.
4. While it is the intention of 247dermatologist to make the Service available as much as possible, there may be times when the Service can be interrupted due to maintenance or upgrades, emergency repairs, or telecommunications failures and/or equipment malfunctions.
5. By using the Service, you declare and warrant that your activities are permitted by law in any jurisdiction where you use the Service.
6. The 247dermatologist Parties have not endorsed the published content and disclaim all responsibility or liability to individuals or legal entities for any loss, damages (whether actual, consequential, statutory fines, or other damages), injuries, claims, liabilities, or any other cause of action arising out of or related to any content.

7. Limitation of Liability

1. To the extent not prohibited by law, under no circumstances shall the 247dermatologist Parties be liable for any loss or damages of any kind (including, without limitation, direct, indirect, economic, exemplary, special, punitive, incidental, consequential damages or damages directly or indirectly related to):
   a. the Service;
   b. the 247dermatologist Content;
   c. User Content;
   d. your use of, inability to use, or performance of the Service;
   e. any actions taken in connection with an investigation by 247dermatologist Parties or government authorities regarding your use or the use of third parties of the Service;
   f. any actions taken in connection with copyright or other intellectual property owners;
   g. any errors or omissions in the operation of the Service;
   h. any damage to a computer, mobile device, or other equipment of a user, including damage resulting from a security breach or from viruses, programming errors, sabotage, fraud, mistakes, omissions, interruptions, defects, delay in operation or transmission, computer or network failure, or any other (technical) malfunction, including, but not limited to, damages for loss of profits, loss of goodwill, data loss, work stoppage, inaccuracies of results, or computer malfunction, even if foreseeable or even if the 247dermatologist Parties have been advised or should have known of the possibility of such damages, whether arising from contract, negligence, strict liability, or tort (whether in whole or in part due to negligence, force majeure, telecommunications failure,
   or theft or destruction of the Service).
2. In no event shall the 247dermatologist Parties be liable to you or anyone else for any loss, damages, or injuries, including, but not limited to, death or personal injury. In some jurisdictions, the exclusion or limitation of incidental or consequential damages is not allowed, so the above limitation or exclusion may not apply to you. In no event shall the total liability of the 247dermatologist Parties to you for all damages, losses, or causes of action exceed the amount of €2500.
3. You agree that in the event you incur any damages or losses or suffer any injuries as a result of the acts or omissions of 247dermatologist, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing the exploitation of a website, service, property, product, or other content owned or controlled by the 247dermatologist Parties, and you have no right to enjoin or restrain the development, production, distribution, advertising, display, or exploitation of any website, property, product, service, or other content owned or controlled by the 247dermatologist Parties.
4. 247dermatologist is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against such third parties.
5. You agree that any claim you may have arisen out of or related to your relationship with 247dermatologist must be filed within one year after the claim arises. Otherwise, your claim is barred.
   

8. Indemnification

1. You agree (at the request of 247dermatologist) to defend and indemnify the 247dermatologist Parties from and against any claims, liabilities, damages, losses, expenses, including attorney’s fees, arising out of or in any of the following (including as a result of your direct activities on or through the Service or those conducted on your behalf):
   a. Your Content or your access to or use of the Service;
   b. Your violation or alleged violation of these Terms of Service;
   c. Your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property, or privacy right;
   d. Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasigovernmental authorities, including all regulatory, administrative, and legislative authorities; or
   e. Any misrepresentation made by you.
   You shall fully cooperate in the defense of any claim as required by 247dermatologist. In the event of any matter in which you are required to indemnify 247dermatologist, 247dermatologist reserves the right to assume the exclusive defense and control of the matter, and you shall not settle any claim without the prior written consent of 247dermatologist.

9. Invalidity

If any provision of these Terms of Service is found to be invalid or unenforceable, you shall remain bound by the remaining provisions of these Terms of Service. 247dermatologist shall replace the invalid or unenforceable provision(s) with a provision that is valid and enforceable and that has the same effect as the provision(s) being replaced, taking into account the purpose of these Terms of Service.

10. No Waiver

Waiver by you or 247dermatologist of any right under these Terms of Service shall only be effective if made in writing. If you or 247dermatologist does not exercise or delays in exercising any right under these Terms of Service, such nonexercise or delay shall not be considered as a waiver of that right or any other right under these Terms of Service.

11. Territory Restrictions

1. The information provided within the Service is not intended for distribution to or use by any natural person or legal entity in jurisdictions or countries where such distribution or use would be contrary to law or regulation or where it would be required for 247dermatologist to register in the respective jurisdiction or country. We reserve the right to limit the availability of the Service or any part thereof at any time and at our sole discretion to any person, geographic area, or jurisdiction, as well as to limit the provision of any program or product or any content, service, or feature that 247dermatologist offers.
2. It is prohibited to download, export, or re-export software from the Service: (a) to (or to a citizen or resident of) any country against which the European Union or the United States has imposed a trade embargo or (b) to persons on the U.S. Department of the Treasury’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Deny Orders or similar list of the European Union. By downloading software related to the Service, you represent and warrant that you are not a citizen or resident of such a country and are not listed on any such list.
   

12. Changes

1. We have the right to modify and update these Terms of Service (“Updated Terms”) at our sole discretion from time to time.
2. Unless we make changes for legal or administrative reasons, we will provide a reasonable notice period before the Updated Terms take effect. You agree that we will notify you of the Updated Terms by publishing them through the Service and that by using the Service after the effective date of the Updated Terms (or by performing any action reasonably determined by us), you agree to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service.
3. The Updated Terms will come into effect from the date of publication or from a later date indicated in the Updated Terms. These terms will apply to your use of the Service from that moment onward. These Terms of Service also apply to any disputes arising prior to the effective date of the Updated Terms.
4. The Terms of Service also apply to upgrades and updates of the Service that replace and/or supplement the Service unless such upgrade or update is accompanied by Updated Terms. In that case, the Updated Terms will apply.
5. By using the Service, you agree that the Service may undergo occasional upgrades and updates so that 247dermatologist can improve, expand, and further develop the Service.

13. Applicable Law and Jurisdiction

1. These Terms of Service and all non-contractual rights and obligations arising therefrom shall be governed by Dutch law in all respects.
2. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

14. Contact

If you have any questions about these Terms of Service, you can contact 247dermatologist by sending an email to info@247dermatologist.com.