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Welcome to dicme.com! We're dicme, Inc. (dicme, we, us, or our), and we're glad you've decided to
check us out! Before we get started, we just need to make sure we're on the
same page. We created these terms and conditions (the Terms
of Service) (actually, our lawyers did, but please don't hold that
against us), and we hope you take some time to read through them.
But seriously, you should read them: by accessing or using dicme.com,
any of our merchants' online stores (we'll refer to each as a Store and to the Stores and dicme.com as the Website),
any of the services or content on the Website, or any of our mobile
applications (all of which we'll collectively call the Service),
you're agreeing that you read these Terms of Service, that you understand them,
and that you will comply with them. If you don't agree to any of these Terms of
Policy, and Prohibited Products policy, which are also binding on you (and
which together with the Terms of Service we'll call this Agreement),
you're not allowed to use the Service. In other words, this stuff matters!
If you see any capitalized terms that aren't defined in these
Terms of Service, they'll have the meaning we give them elsewhere in the
Agreement. In the event of any conflict between the terms and conditions of
Infringement Policy, or Prohibited Products policy, the terms and conditions of
these Terms of Service shall govern. In the event of any conflict between the
terms and conditions of this Agreement and any additional terms and conditions
posted by any Merchant in any Store, the terms and conditions of this Agreement
IMPORTANT POINT: YOU SHOULD READ CAREFULLY THE SECTIONS BELOW TITLED BINDING
ARBITRATION AND CLASS ACTION WAIVER. THEY CONTAIN A BINDING ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER, AND THESE THINGS AFFECT YOUR LEGAL RIGHTS!
You might be using the Service in one of two ways (both of which
fall under this Agreement): as a Visitor or as a User.
Visitors are people
who visit the Website, but do not register or sign in as Users. They can (i)
view all publicly-accessible content, (ii) purchase Products, and (iii) contact
us (though Visitors may need to provide Personal Information in order to access
or use some of these features).
Users are people
who register, personally or on behalf of an entity which they have the
authority to bind, an account for the Service (an Account).
Users can do all of the things that Visitors can do, and if they are logged
into their Account, they may also access and use certain restricted sections of
the Website or features of the Service.
dicme provides an online marketplace for its Users to offer, buy,
and sell goods (Products) and to
otherwise interact with each other. dicme itself does not offer or sell the
Products; other Users do. dicme isn't a party to any transaction between buyers
and sellers of Products, and we have no control over the quality, safety,
legality or efficacy of any Product. Other Users, and not dicme, provide
descriptions and other information about the Products. We can't control whether
the descriptions and User Content associated with the Products are truthful and
accurate, and by using the Service you agree that you understand that dicme is
not responsible for any statements or omissions concerning the Products. We
have no obligation to accept anyone as a User, and we've got sole and complete
discretion to accept or reject any User.
The Service is available only to those aged 13 years or older. If
you are 13 or older, but under the age of majority in your jurisdiction, you
should review this Agreement with your parent or guardian to make sure that you
and your parents or guardian understand it.
The User is solely responsible for making sure its Account is
confidential and secure, and for all activities that occur on or through its
Account. The User agrees to immediately notify dicme of any security breach of
The User agrees that any Personal Information required by dicme to
register an Account (Registration Information)
will be provided accurately and completely (and also agrees to update
Registration Information to make sure it stays that way). The User agrees that dicme
will store and use the Registration Information in accordance with the Privacy
Policy. From time to time, the User might be required to authenticate its
By using the Service, you agree to comply with the following code
You will not use the Service for
any illegal, immoral or unauthorized purposes or in ways that violate
applicable laws. Unauthorized uses include, but are not limited to, multi-level
marketing, link farming or other activities designed to manipulate search
results or other online marketing activities. These restrictions are important
to protect the community of merchants and to create a platform that people
trust and love. Users who are unsure whether their activities fall outside of
these criteria may at any time contact https://dicme.com to
ensure that their activities comply with these terms.
You will not access or use the
Service if you are our direct competitor, unless you obtain our prior written
consent. You may not access the Service for purposes of monitoring its
availability, performance or functionality, or for any other benchmarking or
You will not use automated means,
including spiders, robots, crawlers, data mining tools, or the like to download
or scrape data from the Website, Service, or our APIs, except for Internet
search engines (e.g., Google) and non-commercial public archives (e.g.,
archive.org) that comply with our robots.txt file.
You will not take any action that
imposes or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our technical infrastructure.
You will not interfere with or
attempt to interrupt the proper operation of the Service through the use of any
virus, device, information collection or transmission mechanism, software or
routine, or access or attempt to gain access to any data, files, or passwords related
to the Service through hacking, password or data mining, or any other means.
You will not cover, block, or in
any way interfere with any advertisements, watermarks, colophons and/or safety
features (e.g., report abuse button) on the Website or Service.
You agree that any information you
provide in connection with your use of the Service, whether to us or to a third
party, is accurate, truthful, and complete.
Users may provide certain information, data, graphics, text, or
other content to the Service or to an Application. The User warrants that it
has the necessary rights and/or third-party consents to freely use and share
any content which the User provides to the Service or any Application (User Content). The User accepts full
responsibility for User Content that the User uploads or in other ways makes
available via the Service and/or the Applications.
User Content might be transferred unencrypted across various
networks, and it's subject to changes to conform to the Service's technical requirements.
dicme can review and reject any User Content provided at any time. By uploading
User Content via the Service and/or any Application, the User grants dicme a
non-exclusive, fully paid and royalty-free, worldwide, irrevocable,
transferable, sub-licensable license to use and share the User Content
(including, but not limited to, altering, translating, storing, copying or
making it available or marketing it to the public or transferring any of these
rights to dicme's partners).
You can't publish User Content that damages the dicme brand or in
any way implies improper association to dicme. We can remove such User Content
if we determine in our sole discretion that it does so.
The User accepts that by providing User Content, the User Content
will become available to other users on the Internet who may share, download,
republish or in other ways interact with it. dicme isn't responsible for
another person's use or misuse of your User Content.
The User has the right to delete a Store or Account associated
with that User at any time by contacting https://dicme.com,
but a Store or Account and any accompanying User Content may remain publically
accessible after deletion. We'll make commercially reasonable, good faith
efforts to remove User Content from our Service and our systems.
dicme grants to the User a revocable, non-exclusive,
non-transferable, limited-in-time license to use the Service, the Content, and
any additional applications purchased for use in connection with a Store (each,
and to use any other of dicme's software required to use the Service and any
purchased Applications. dicme grants the User the right to install updates to
the Service and purchased Applications as made available to the User by dicme
from time to time.
The User may not (i) assign, sub-license, copy, publish or
distribute the Service or Applications, (ii) assign to any third party the
rights that the User has acquired under a license under these Terms of Service,
or (iii) circumvent any of the technical limitations of the Service or
Applications, or decompile or otherwise reconstruct the Service or Applications
save only to the extent and circumstances permitted by law.
The Applications are Store-specific. This means the User is
granted a revocable, non-exclusive, non-transferable, limited-in-time license
to use an Application only in relation to a certain Store. If the User has
other Stores connected to its Account, the User will be required to purchase
additional Applications in relation to each other Store.
dicme reserves the rights to:
Modify, terminate, or remove your
access to the Service, the Content or any Application for any reason at any
Remove or edit any User Content,
Store, or Account that we determine (in our sole discretion) violates the
Prohibited Products policy.
A User may create one or more Stores to sell items through the
Service. In each Store, the User who created the Store (the Merchant)
may offer for sale Products in compliance with this Agreement. Merchants must
be truthful and accurate in all User Content provided through the Service, and
must not engage in any activity that will reflect negatively on the dicme brand
or harm our community of Users. Stores, and the Products and User Content
associated with the Stores, are publically available through the Service, and
Users may review, like, follow, or share your Store, Products, or User Content.
Merchants may receive the Information of some Users through
operation of the Service. Merchants may not (i) share such Information with any
third party, (ii) send unsolicited, unrelated, or spam communications, (iii)
engage in an excessive rate of messaging, (iv) or misuse or abuse Information
in any other way.
A Merchant may not attempt to divert any User or dissuade any
purchase through the dicme.com marketplate (Marketplace),
including without limitation in favor of a purchase through the Merchant's
custom dicme shop, or to otherwise attempt to circumvent the Fees (as defined
below). Merchants may not, without limitation: (i) introduce or display links
or URLs that lead Users away from the Marketplace; (ii) send or display a
message to any User offering a Product or soliciting a sale other than through
the Marketplace; or (iii) cancel or return any order placed through the
Marketplace with an offer to resell the canceled or returned Product not
through the Marketplace. dicme reserves the right to suspend or terminate any
Store or Merchant account that is in violation of these terms and/or to charge
fees in connection with the sale of any Product dicme determines was made in
violation of these terms.
In order to purchase an Application or Subscription, the User must
choose a payment type and provide any Payment Information requested by dicme.
By entering your Payment Information, you agree that we or our Payment Platform
may immediately authorize your credit card (or other approved facility) for
payment for any Applications or Subscriptions purchased under your Account.
Applications may not be available for use until full payment has been made. By
providing dicme with Payment Information, the User represents that it is
authorized to use the Payment Information and that it is true and accurate. The
User agrees to provide dicme with updated Payment Information upon dicme's
request and any time the Payment Information becomes no longer valid.
As set forth above, you should keep your password strictly
confidential. You are fully responsible for all activities that occur and all
liability incurred under your Account. Your liability for these charges will
continue after termination of this Agreement. If you have a question about any
charge on your credit card statement, please contact our customer service at
The User may withdraw its purchase of a specific Application
without giving any reason, but only if this withdrawal is made before the
completion of the installation of such Application. Once the installation is
completed, the User's purchase is final and non-refundable, and we don't accept
returns or exchanges.
The Website may contain links to third-party websites (External Sites). These links are provided
solely as a convenience to you and not as an endorsement by us of the content
on any External Site. The content of External Sites is developed and provided
by others, and you should contact the site administrator or webmaster for those
External Sites if you have any concerns regarding the links or content on them.
We're not responsible for the content of any linked External Sites and don't
make any representations regarding the content or accuracy of materials on any
External Site. You should take precautions when downloading files from all
websites to protect your computer from viruses and other destructive programs.
If you decide to access linked External Sites, you do so at your own risk.
You'll defend, indemnify, and hold harmless dicme, our affiliates,
and our and their respective officers, directors, managers, employees, and
agents from any and all liabilities, claims, costs, damages, and expenses
(including reasonable attorneys' fees) in connection with any third-party
action, claim, or proceeding (each, a Claim) arising from your breach of this
Agreement, your misuse of the Applications, the Products, the Service, the
Website or the Content.If you are a Merchant, you'll also defend, indemnify,
and hold harmless Ticatil from any liabilities, claims, costs, damages or
expenses in connection with any User's purchase of any Product you sell, any
injury or loss caused by any Product you sell, or any statements or
representations made or omissions with respect to a Product. We'll promptly
notify you of any Claim, provide you, at your expense, with reasonable
cooperation in the defense of the Claim, and provide you with sole control over
the defense and negotiations for a settlement or compromise. Notwithstanding
the foregoing, we reserve the right to assume the exclusive defense and control
of any Claim that is subject to indemnification under this section, in which
case you agree to cooperate with any reasonable requests assisting our defense
of the Claim.
In the event of a dispute arising under or relating to this
Agreement, the Service, or any other products or services provided by us (each,
either party may elect to finally and exclusively resolve the dispute by
binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at
any time, will be final and binding on the other party. IF EITHER PARTY CHOOSES
ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THE DISPUTE IN COURT
OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN
ARBITRATION. All Disputes will be resolved before a neutral arbitrator, whose
decision will be final except for a limited right of appeal under the FAA.
Any court in the State of New York may enforce the arbitrator's award.
The arbitration shall be administered by the Judicial Arbitration and
Mediation Services (JAMS) pursuant
to JAMS' Streamlined Arbitration Rules and Procedures, if applicable, or
otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in
accordance with the Expedited Procedures in those Rules (the JAMS
Rules). Such disputes will be resolved by the arbitrator as
determined under the JAMS Rules. The arbitration may be conducted in person,
through the submission of documents, by phone or online. If conducted in
person, the arbitration will take place in the State of New York. The
parties may litigate in court to compel arbitration, to stay proceeding pending
arbitration, or to confirm, modify, vacate or enter judgment on the award entered
by the arbitrator. In addition, we may litigate in court to seek injunctive
You agree that any arbitration or proceeding will be limited to
the Dispute between us and you individually. To the full extent permitted by
law, (i) no arbitration or proceeding shall be joined with any other; (ii)
there is no right or authority for any Dispute to be arbitrated or resolved on
a class action-basis or to utilize class action procedures; and (iii) there is
no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
We may restrict, suspend, or terminate this Agreement and your
access to all or any part of the Service, at any time and for any reason
without prior notice or liability. We may also change, suspend, or discontinue
all or any part of the Website at any time without prior notice or liability.
The User may at any time terminate an Account by following the proper steps on
the Website, but the termination of an Account does not relieve the User of its
obligations under this Agreement. If a Store or associated Account is deleted,
terminated, or suspended for any reason, the Merchant for that Store must
fulfill all outstanding orders and obligations to Visitors and Users.
dicme reserves the right, from time to time and in its sole
discretion, to amend the Terms of Service. You should periodically check dicme.com/legal,
where the latest version will always be available, for any changes or updates
that may impact you.
dicme's failure to enforce any right or provision under this
Agreement will not constitute a waiver of those rights and provisions or any
other of dicme's rights under the Agreement. No waiver will be effective
against us unless made in writing, and no such waiver will be construed as a
waiver in any other or subsequent instance. Except as expressly agreed by us
and you in writing, this Agreement constitutes the entire agreement and understanding
between you and dicme with respect to the subject matter, and supersedes any
previous written or oral agreement between you and dicme in relation to the
subject matters. These Terms of Service shall substitute any earlier versions
of terms of service between the User and dicme or its affiliates. The section
headings are provided merely for convenience and shall not be given any legal
meaning. This Agreement will inure to the benefit of our successors, assigns,
licensees, and sublicensees.
The following provisions will survive any expiration or
termination of this Agreement: Account, User Responsibilities, User Content,
Communications to Us, Intellectual Property Rights, Rules for Merchants, Rules
for Buyers, Fees; Automatic Renewals, Payments, Third-Party Applications,
External Sites, Indemnification, Liability for Damages, User Information and
Personal Data, Binding Arbitration, Class Action Waiver, and Miscellaneous.