Dympol, Inc., Terms of Use

This Terms Of Use was last revised on August 14, 2011.

Dympol makes good things happen at checkout. It’s that simple.  Dympol believes that brand marketing doesn’t need to be an expensive, ineffective and interruptive exercise that leaves everyone with a bad taste in their mouths.  Instead, we create a virtuous circle that genuinely benefits all who come into contact with us.

Our Charitable Checkout application transforms e-commerce into an opportunity for artists, athletes and other celebrities and influencers to partner with their fans to raise money for worthy causes.

Our Cheaper Checkout application delivers brand-sponsored discounts during checkout directly to targeted users of partner e-commerce sites and applications. 

Dympol’s applications, websites and related and successor services (collectively, “Services”), are provided by Dympol, Inc. (“Dympol” or “we”).

By using the Services, you (“User” or “you”) agree to these Terms of Use (“Terms”) and the Dympol Privacy Policy available at http://www.dympol.net/privacy-policy If you do not agree, you do not have permission to use the Services.

1. Registration

There are some Services that may require you to register using Facebook Connect or other authentication systems to gain access to all of the features of the Services. If you register, you agree to provide true, accurate and complete information about yourself. You also agree to update registration information and, if connected, your Facebook profile, to maintain its truth, accuracy and completeness.

2. Acceptable Use

Dympol hereby grants you the right to access and use the Services only for the purposes in accordance with the Terms. While using the Services, you must comply with all applicable domestic and international laws, statutes, ordinances and regulations. Your use of any Materials and the rest of the Services is your sole responsibility.

User, other users, non-profits, and other organizations may, in some cases, upload, post, and/or distribute through the Services, information, text, data, photos, audio, video, images, graphics, links, logos, and other content or materials (“Materials”) in accordance with the Terms.

All content of the Services, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or Materials, associated technology and software, and the look and feel of the Services (collectively “Content”), are the proprietary property of Dympol, which is owned by Dympol or its licensors. Any rights to Content not expressly granted to you herein are reserved by Dympol. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit the Services and/or Content in any form or by any means, in whole or in part, without express written permission from Dympol, and any such use is strictly prohibited, except in regards to you own Materials posted on the Services in accordance with the Terms or as expressly allowed in these Terms. Unless you have received specific written permission from Dympol, you may not frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, Content or Materials displayed on the Services.

The Services may allow you to upload, post, and/or distribute Materials, view, copy or download Content and Materials for your personal, non-commercial use, subject to the following conditions:

• You understand that all your Materials and the consequences of such posting Materials are your sole responsibility and are subject to the Terms and the Dympol Privacy Policy.
  
• You understand that by using the Services you may be exposed to Materials that are offensive, objectionable or indecent. Dympol may, but is not obligated to, preview or review any Materials and, in its sole discretion, block or remove without notice Materials that violate the Terms or are otherwise objectionable. However, failure to block or remove any Materials is not an endorsement, warranty, representation, or guarantee regarding such Materials.
  
• You represent and warrant that your Materials do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
  
• Unless expressly allowed in the Terms or you receive prior written consent from Dympol, you shall not upload to, distribute through, or otherwise publish through the Services any Materials that are commercial in nature or Materials that contain any solicitation of funds (except by or on behalf of nonprofits), promotion, advertising or solicitation for goods or services without Dympol’s express written consent.
  
• By posting, uploading or otherwise distributing your Materials through the Services, you explicitly consent that other users of the Services may access, display, view, store, and/or download such Materials, and post or forward such Materials to others who may or may not be registered Users of the Services and you hereby grant (and represent and warrant that you have all necessary rights to grant) to Dympol a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to all your rights in the Materials (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such Materials and incorporate such Materials into other works in any form, media or technology. By providing Materials to the Dympol, you hereby permit Dympol to identify you as the provider of such Materials in any form, media and technology. You may revoke this license in regard to the right to display your Materials by removing your Materials from the Services. If you provide your email address, we may use your email address to contact you and notify you of any Services news. You can choose which types of email you receive from us by changing your account settings. Generally, you cannot opt-out of receiving certain communications such as service-related announcements and administrative messages, except by terminating your account.
  
• You agree that Dympol has no liability or responsibility for the storage or deletion of any Materials that you submit or post or emails you send through the Services. Dympol reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.
  
• You also agree not to (or attempt to):
  
  • Harass anyone;
    
  • Upload, distribute, or otherwise publish any Materials to or through the Services that contain viruses or other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
    
  • Post, upload, or distribute any Materials that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement.
    
  • Post, upload or otherwise distribute any private, personally identifiable, financial, voting, confidential, or proprietary information of another individual or entity without their written express permission;
    
  • Collect personal data about other users for commercial or unlawful purposes;
    
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Services, unless expressly permitted by Dympol;
    
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    
  • Upload, post or distribute any Materials which, in Dympol ‘s sole determination, are indecent, libelous, defamatory, obscene, profane (or partially obscured profanity), harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, otherwise objectionable, contain expressions of hatred, bigotry, racism or pornography, or would constitute or encourage a criminal offense or other illegal activity, violate the rights of any party or any law;
    
  • Attempt to gain unauthorized access to Dympol’s computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Services;
    
  • Create multiple user accounts by automated means or under false or fraudulent pretenses;
    
  • Remove or obscure any copyright or other proprietary notices from the Content;
    
  • Republish Content on any Internet, Intranet or Extranet website or incorporate the Content in any other database or compilation (except for your Materials);
    
  • Sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise make unauthorized use of any Content, which is protected by trademarks, copyrights, trade dress or other intellectual property rights; or
    
  • Access, use, modify, copy, reverse engineer, or otherwise derive the source code of any software associated with the Services.
    

3. No Representations, Warranties or Endorsements

The content and materials provided on the Services or in email messages are gathered from a variety of sources and are intended solely as general information. Inclusion of any content or materials on the website does not constitute or indicate Dympol’s endorsement, representation or warranty of such information (which may include organization descriptions and missions, donation amounts) or its accuracy, completeness, or timeliness. Through the Services (including materials, content, and emails), you may receive access to individuals or entities; however, your choice to contact or deal with any of these individuals or entities is your sole responsibility and Dympol is not involved in any transactions or dealings you have with any third parties.

4. Intellectual Property

The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Content and/or the Services itself are owned or licensed by Dympol. Except as expressly provided herein, neither Dympol nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with Content and/or Services.

Dympol reserves the right to block, disable, or otherwise remove any Materials from Services as well as terminate access to the Services if you engage in copyright or other intellectual property infringement or for any other reason.

If you believe that any Content or Materials on the Services infringe your copyrights, contact Dympol at PO Box 1505, Waitsfield, VT 05673 or email at webmaster@dympol.com

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Services are covered by a single notification, a representative list of such works;
   
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
   
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
   
5. A statement that the signing have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
   
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringe
   

5. Indemnity

You agree to indemnify, defend, and hold Dympol and its respective officers, directors, employees, agents, representatives, and affiliates and (collectively, “Affiliates”) harmless from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys fees) arising out of your (or anyone using your password) Materials; use of the Services; interaction with causes, companies or organizations that advertise or solicit donations on the Services; violation of these Terms; or violation of any third party’s intellectual property, privacy or other rights.

6. Disclaimer of Warranties

Except if expressly provided otherwise in the terms, the Services (including without limitation, all content, materials (and material linked thereto), advertisements, links, and emails) is provided to you “as is” and “as available” without warranty of any kind. Dympol does not guarantee or warranty the accuracy, legality, appropriateness, truthfulness, or other qualities of any materials or the related products, equipment, or services. Dympol hereby disclaims to the maximum extent permitted by law: all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties including but not limited to: uninterrupted use; availability of the website; lack of viruses, worms, trojan horses, or code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information provided on or through the website; and any duties of reasonable care, workmanlike effort or lack of negligence in connection with the website. Dympol is not engaged in the provision of legal, tax, or other professional advice or services and you agree that the website does not contain any legal, tax, or other professional advice. If you are in need of such services, you should contact the appropriate licensed and qualified professional. Dympol is not involved with the processing, exchange, donations of money as may be arranged by third parties on the website; therefore, Dympol is not responsible for any transactions associated with donations solicited, promised, or otherwise on the website.

7. Assumption of Risks

Your interactions with Users or other third parties (including advertisers, causes, charities, and others) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Dympol shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users of the Services, or between a User and any third party, you understand and agree that Dympol is under no obligation to become involved and is not subject to any liability.

8. Liability Limitation

To the maximum extent allowed by law, you agree that neither Dympol, nor any of its affiliates will be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages (including but not limited to lost profits, loss of privacy, loss of data, deletion or failure to store email messages, damage to user computer systems) whatsoever that arise out of or are related to: the website (and your use of, or inability to use, the website); the modification, alteration, or termination of the website or your access to it; or any breach of these terms, even if Dympol has been advised of the possibility of such damages and even in the event of fault, tort, or strict or product liability. Any claims arising from the website must be brought within one year of the date on which liability arose. Neither Dympol nor its affiliates are responsible for any violation of the privacy or other rights of any third party due to posting of voting information, which is the sole responsibility of the user posting such information.

9. Links

Dympol and Services users may provide links to third party websites (including advertisers and others) on the Services. Third parties are not under the control of Dympol and Dympol is not responsible for their content or conduct. If you access a third party website from the Services, you do so at your own risk. Dympol provides links as a convenience and the inclusion of the link does not indicate or imply that Dympol endorses, represents, warrants, or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Services, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that Dympol shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

10. Donations to Charities

By clicking the “Give & Get” button when making a donation, you agree to these Terms, including without limitation this Section 10. You understand that your payment is being made to Dympol or its Partners who will distribute your donation to the non-profit beneficiary that you indicated (“Designated Beneficiary”). All Designated Beneficiaries embodied in the Services have been vetted directly by Dympol and/or it’s Partners and were found to be, at the time the relevant Service was launched, recognized by the IRS as a public charity in good standing with federal and state regulators.

You agree that prior to remittance to Designated Beneficiaries, your donations may be subject to transaction processing fees levied by third parties (such as PayPal) to pay banks, credit card companies, and other associated costs. Dympol does not retain as fees any portion of donations made by Users. After payment of such payment processing fees, the remaining donations are referred to as “Net Donations.”

Dympol’s “Partners” include third party service providers, e-commerce service providers, merchant services providers, and those artists, athletes, celebrities, events, organizations and/or other influencers that use the Services to partner with their fans and brand sponsors to raise money for worthy causes.

Funds are remitted to “Designated Beneficiaries,” the charities that the users select to receive their donations, in one of three ways:

1. Immediately, via real-time transfer by a payment platform provider such as PayPal,
   
2. E-commerce Service Providers that collect user donations together with payment for other goods and services, are contractually required to remit all Net Donations received during each calendar month to Designated Beneficiaries, within ten (10) days of receiving each monthly remittance report from Dympol. They are also required to provide proof of such remittance.
   
3. When neither of the previous two options are available, Dympol directly collects user donations and remits all Net Donations received during each calendar month directly to Designated Beneficiaries, within ten (10) days following the end of each such calendar month.
   

In addition, in the case that a Partner commits to match fan donations, then such Partner shall remit all such matching funds directly to the Designated Beneficiaries, within ten (10) days of receiving each monthly remittance report from Dympol.

Dympol maintains a publicly searchable database of proof of remittance to Designated Beneficiaries at http://dympol.net/giving/remittances/

11. Charitable Checkout Incentives

With Dympol’s Charitable Checkout application, when you Give, you also Get an incentive from a public figure and/or a brand sponsor. Note that since you receive an incentive every time you make a donation, your donation is not generally considered to be tax-deductible.

Dympol makes no warranties or guarantees regarding the value, quality, or suitability of any incentives provided to users through the Services and is not liable for any claim that should arise from User’s acceptance of such incentive offers.

12. International Use

The Services are controlled and operated from within the United States. Dympol makes no representation that the Services is appropriate or available in locations outside the United States. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with applicable laws.

13. Entire Agreement

The Terms and Privacy Policy, as amended from time to time, constitute the entire agreement between you and Dympol. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We reserve the right, at its discretion, to modify these Terms at any time. Changes to these Terms will be posted on the Services or sent to you via e-mail. All changes are effective upon posting to the Services. Your continued use of the Services following a posting of changes is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must discontinue use of the Services. Dympol reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Services, including for any violation of any provision of these Terms. Dympol also reserves the right to change the Services without notice to you, at any time.

14. General

If you are using the Services as a business entity, you represent that you have the authority to bind the entity to this Agreement. These Terms shall be governed by the laws of the State of Delaware. Any disputes arising under or related in any way to these Terms or the Services shall be litigated or otherwise heard in the appropriate court located in Washington County, Vermont and the parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in that county. Dympol may assign any of its rights or obligations under the Terms to another party without notice or consent for any reason. You and Dympol are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

15. Termination

Dympol reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms, and/or your access to all or a portion of the Services and/or remove any registration information or Materials from the Services, for any reason (including if you breach of any of the provisions of the Terms). Upon termination or expiration of the Terms, your obligations and Dympol’s rights and disclaimers survive, but your right to use the Services immediately ceases. Dympol’s failure to act with respect to a breach by you or others does not waive Dympol’s right to act with respect to subsequent or similar breaches.

16. Protection of Children

You must not use the Services if you are under the age of 13. If you use the Services, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children’s Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database.