You are not logged in | Register for your free account now, click here.


Forgot Password?
Remember Me
OR
Sign in with Facebook
The Fine Print!
Just to make sure we're all on the same page, please read and understand the rules.

DYMPOL, Inc. Terms Of Service

Dympol is your one-stop connection to getting the digital music and entertainment you want at dympol's exclusive discount prices. Dympol's services are provided through our website, located at www.dympol.com and through the use of our add-ons, plug-ins, widgets, and other applications including the dympol discount toolbar (collectively, "Dympol Services").

NOTICE TO USERS: These Terms Of Service outline your rights and responsibilities as a user of Dympol Services.

THIS IS A CONTRACT. By using or registering to use Dympol Services, you represent and warrant that you have read, understand, and have the legal capacity to, and hereby accept all the terms and conditions of this agreement, and agree to be legally bound by this agreement.

Dympol collects and maintains the personally identifiable information you provide but does not knowingly disclose such personally identifiable information to third parties. Dympol does not, however, knowingly collect, solicit or maintain either personally identifiable information or non-personally identifiable information from persons under 13 years of age, and no part of Dympol Services is directed towards persons under age 13. No one under age 13 is allowed to use Dympol Services or provide any personal information. If you are under 13 years of age, then please do not send any information about yourself to us, or register for, use, or access Dympol Services at any time or in any manner. If you believe that we might have any information from or about a child under age 13, please contact us at support@dympol.com.

If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use Dympol Services and you must have a parent assist you in the completion of registration. In addition, if you are between the age of 13 and 18, you must affirm that you possess legal parental or guardian consent to use Dympol Services and must affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in dympol's terms of service, and to abide by and comply with such terms of service.

This dympol Terms of Service Agreement ("Agreement") is a legal agreement between you, either an individual or a single entity or your qualified legal representative ("You"), and DYMPOL, Inc. ("Dympol"). This document describes the terms and conditions that cover the use of Dympol Services, including the dympol website, located at http://www.dympol.com.

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. What constitutes a "material change" will be at the sole and exclusive discretion of dympol. You can find the most recent version of this Agreement at http://www.dympol.com/legal/tos.html, with the date of last modification noted at the end. Modifications to the terms of service will become effective immediately when they are posted. Therefore, we encourage you to check the date of this Agreement whenever you visit the dympol website or use Dympol Services to check if it has been updated. You should review this Agreement on a regular basis to keep yourself informed of any changes. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of Dympol Services. Your continued use of Dympol Services following the posting of modifications will constitute your acceptance of the revised Agreement. Should you have any questions regarding the use of Dympol Services, please contact us at: support@dympol.com

1. Use of Dympol Services

a. Your Account

Once you register for Dympol Services, you will have a username (usually your Email address) and a password. You may never use another's account without their permission. You are responsible for activity that occurs on your account and for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify dympol of any unauthorized use of your account or any other breach of security known to you. Although dympol will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of dympol or others due to such unauthorized use. Accounts are for personal, noncommercial use only. However, dympol reserves the right to allow particular users to use Dympol Services for commercial purposes pursuant to a separate written agreement. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through Dympol Services.

b. Dympol's Intellectual Property Rights

All content relating to Dympol Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2007-2009 DYMPOL, Inc., and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party websites or other networked computer environment) without the express prior written consent of dympol and/or its suppliers, affiliates, or licensors. All rights reserved.

Dympol, "Discounting Your Music Purchases On-Line," the "No 99 Cent Gear" icon, "Get Paid To Play," and the dympol logo are, without limitation, trademarks, service marks or registered trademarks of DYMPOL, Inc. and may not be copied, imitated, or used, in whole or in part, without dympol's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

Dympol may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering processes or content of Dympol Services. Unless we have granted you licenses to our intellectual property in this Agreement, our providing you with such Dympol Services (including access to web pages) does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

c. User Generated Content

Dympol does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("User Generated Content") you post, store, or exchange through Dympol Services; you continue to retain all ownership rights in such User Generated Content. User Generated Content is the sole responsibility of the person from which such User Generated Content originated. This means that you, and not dympol, are entirely responsible for all User Generated Content that you upload, post, email, transmit or otherwise make available through Dympol Services. To the extent that dympol provides you with an opportunity to post, store and exchange User Generated Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, dympol, its contractors, and the users of the dympol an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such User Generated Content as part of Dympol Services. This license does not grant dympol the right to sell User Generated Content or otherwise distribute it outside of the scope of Dympol Services; provided, however that streaming of content on third party websites via embedded widgets shall not be deemed a distribution outside of Dympol Services.

User Generated Content posted is generally not reviewed by dympol. Accordingly, dympol does not guarantee the accuracy, integrity or quality of such User Generated Content. Dympol will have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that dympol, in its sole discretion, deems to be (a) inconsistent with dympol's strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, or discrimination of any sort) and/or this Agreement; or (b) possibly in violation of applicable law. In addition, dympol has the right to remove any content if dympol has reason to believe that displaying such content may infringe the rights of a third party or subject dympol to expense or liability. Please notify us at support@dympol.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Dympol reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit dympol's response to a future complaint. You acknowledge and agree that dympol will not assume or have any liability for any action or inaction by dympol with respect to any User Generated Content.

d. Copyrights, Trademarks, Patents and Intellectual Property Rights on User Generated Content

You acknowledge that User Generated Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Dympol respects copyright law and expects you to do the same. User Generated Content identified as belonging to a third party can be transmitted through Dympol Services only if you obtain permission in advance and the ownership and rights are clearly indicated. You must not upload or present any media or content in which you do not have the appropriate rights to do so. You may be in violation of copyright laws if you do not have the appropriate rights to the media or content you upload or present on Dympol Services. Dympol will not tolerate known infringements or misbehavior by its users. It is dympol's policy to terminate the accounts of known repeat infringers. In addition, unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by law or by the copyright holder.

If you believe that your work, including music content, has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify dympol at support@dympol.com, or DYMPOL, Inc. PO Box 1505, Waitsfield, VT 05673.

Please provide us with the following information:

  • Identification of the copyrighted work or other intellectual property that you claim has been infringed;
  • Identification of the material on the Dympol Services that you claim is infringing, with enough detail so that we may locate it;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that (a) the above information provided by you is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

Dympol will forward this information to the alleged infringer.

e. Standards of Conduct

We reserve the right to terminate an account when the user's expression infringes on dympol's or other users' rights, including intellectual property and privacy rights. Loss of your account for any reason, including but not limited to violations of the Standards of Conduct, may result in the loss of products, services, rebates and/or other benefits associated with such account, without the right to recompense. We may also limit the conduct of users that other users find objectionable. Without limitation, dympol reserves the right to terminate your access to and use of Dympol Services if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided by dympol in the future:

1. You will not use Dympol Services for any activity that violates applicable federal, state, local or international law, or for any unlawful purpose.

2. You will not use Dympol Services for any activity that constitutes harassment.

3. You will not attempt to interfere with any other person's use of Dympol Services.

4. You will not use any other user's personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user.

5. You will not misrepresent your identity or impersonate any person, whether celebrities, political figures, cartoon characters, or otherwise.

6. You will not create a false or misleading identity of, or falsely state or otherwise misrepresent, your affiliation with, a person or entity.

7. Unless otherwise authorized, You will not hold yourself out as sponsored by, endorsed by, or affiliated with dympol.

8. You will not use Dympol Services for uploading, posting, emailing, transmitting, disseminating, or otherwise making available junk mail, spam, chain letters, pyramid schemes, unsolicited or unauthorized commercial advertisements or promotional materials, or any other form of commercial solicitation.

9. You will not use Dympol Services to collect or harvest personally identifiable information, including account names.

10. You will not use Dympol Services for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

11. You will not use Dympol Services for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.

12. You will not use Dympol Services for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that are harmful to minors in any way.

13. You will not use Dympol Services for uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

14. You will not attempt to gain unauthorized access to dympol's database or other computer systems or to circumvent, disable or otherwise interfere with security-related features of Dympol Services.

15. You will not reformat or frame any portion of Dympol Services.

16. You will not use Dympol Services for any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of such Dympol Services.

17. You will not use Dympol Services or any information contained within for commercial gain. However, dympol reserves the right to allow particular users to use Dympol Services for commercial purposes pursuant to a separate written agreement.

All judgments concerning the applicability of these guidelines will be at the sole and exclusive discretion of dympol.

f. Violations of Agreement

You may report violations of the dympol standards of conduct, improper account use, identity theft, and all other violations of the terms of this Agreement, to support@dympol.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

2. Representations and Warranties

By completing the membership registration process, you are representing and warranting that:

a. You are over the age of majority and can form a legally binding contract under applicable law.

b. You have provided true, accurate, current and complete information about yourself as prompted in the registration process.

c. You are not using Dympol Services for any improper or illegal purpose, and that you will act in good faith in your relationships with dympol and other users and will abide by the rules set forth by dympol or the community.

3. Third Party Content, Websites, and Services

Dympol Services may contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part Dympol Services. We are not responsible for any third party content you access through Dympol Services, and you irrevocably waive any claim against us with respect to such websites and third-party content. 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 are solely responsible for your dealings with any third party related to Dympol Services, including the delivery of and payment for goods and services.

4. Privacy and Security

Dympol has established a Privacy Policy, explaining to its users how their information is collected and used. You can read the Privacy Policy by visiting: http://www.dympol.com/legal/privacy.htm.

Your use of Dympol Services signifies acknowledgment of and agreement to dympol's Privacy Policy. You further acknowledge and agree that dympol may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of dympol, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

Users are solely responsible for the privacy of their own User Generated Content.

Dympol uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by members in a secure operating environment that is not available to the public and to honor your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing your private User Generated Content or personal information.

5. Disputes

If there is a dispute between users or between users and any third party, you understand and agree that dympol is under no obligation to become involved. In the event that you have such a dispute, you hereby release dympol, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

6. Disclaimer of Warranty

Dympol intends for the information manifested in Dympol Services to be accurate and reliable; however, errors sometimes may occur. In addition, dympol may make changes and improvements to the information provided herein at any time.

Dympol PROVIDES dympol SERVICES TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT USE OF dympol SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, dympol DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF dympol SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, dympol DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED BY MEANS OF dympol SERVICES, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, dympol DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH dympol SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL dympol BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF dympol HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBER'S USE OR MISUSE OF dympol SERVICES, SOFTWARE OR NETWORK, OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF dympol SERVICES, FROM INABILITY TO USE dympol SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE dympol SERVICES. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH dympol SERVICES, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, DYMPOL'S DAMAGES, IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO dympol FOR SERVICES HEREUNDER. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

8. Indemnification

You agree to indemnify and hold dympol, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your use of Dympol Services, or from a breach of terms of this Agreement or your representations and warranties. You agree to hold dympol harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.

9. Term and Termination

The term of this Agreement will commence when you register for Dympol Services and will continue thereafter until terminated by either party. However, if you fail to fulfill any of your material obligations under this Agreement, this Agreement and all licenses and rights granted to you under this Agreement will terminate immediately, and you agree that you will promptly discontinue use of Dympol Services.

You agree that dympol, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any User Generated Content within the Service, for any reason, including, without limitation, if dympol believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that dympol will not be liable to you or any third-party for any termination of your access to Dympol Services. Further, you agree not to attempt to access or use Dympol Services after said termination. Sections 5-12 will survive termination of this Agreement.

10. Modifications

Dympol reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at dympol's sole discretion. The most up to date version of this Agreement will be posted on at: http://dympol.com/legal/terms

As a user it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Modifications will become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms Of Service whenever you visit the dympol's website to check if they have been updated. You must review this Agreement on a regular basis to keep yourself apprised of any changes.

You acknowledge that dympol reserves the right at any time to modify or discontinue Dympol Services (or any features or parts thereof) with or without notice and that dympol will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Should you object to any terms and conditions of the Agreement or any subsequent modifications to the Agreement or Dympol Services or become dissatisfied with dympol in any way, your only recourse is to immediately: (1) discontinue use of Dympol Services; (2) terminate your registration; and (3) notify dympol of termination.

Your continued use of Dympol Services following the posting of modifications will constitute your acceptance of the revised Terms Of Service.

11. General

This Agreement constitutes the entire agreement between you and dympol and governs your use of Dympol Services, superseding any prior agreements between you and dympol. This Agreement will be governed by the laws of the State of Delaware. Any claim or controversy in any way arising out of or relating to these Terms Of Service will be filed in a court of competent jurisdiction sitting in Washington County, state of Vermont. Both parties consent to exclusive jurisdiction in that county. The failure of dympol to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Dympol Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Dympol may give notice to you by Email, a posting on our website or other reasonable means. You must give notice to dympol in writing via Email or as otherwise expressly provided by dympol. Dympol may broadcast, distribute or display notices or messages through Dympol Services to inform you of changes to Dympol Services or other matters of importance; such broadcast, distributions or displays will constitute notice to you.

X