Terms of Use
Last updated: Jan 29, 2023
Welcome to Dime and thank you for selecting the Services offered by Dime Media Inc. and/or its subsidiaries and affiliates (referred to as “Dime”, “we”, “our”, or “us”). These Terms of Service (the “Agreement”) apply to the Dime website located at www.joindime.com and the Services offered via the Site, all associated sites linked to www.joindime.com by Dime, its subsidiaries and affiliates (collectively the “Site”). The Site is provided to our users (occasionally “Users”, “You”, “Your”) on certain terms and conditions. This Agreement is a legal agreement between you and Dime. Please read this Agreement in its entirety. If you have any questions, comments, or concerns regarding this Agreement or the Services, please contact us at support@joindime.com.
By using the Service, or submitting any data and/or information to Us, You agree to the collection and use of information in accordance with this Privacy Policy.
General Terms
(1) Agreement
This Agreement describes the terms governing your use of the Dime online services provided to you on this Site, including content, updates and new releases, (collectively, the “Services”). It includes by reference (i) Dime’s Privacy Policy provided to you on the Site, (ii) additional terms and conditions, which may include those from third parties, and (iii) any terms and conditions provided separately to you for the Services.
This Site and the Services provide users with access to a variety of online tax preparation services and related tools. The Site and/or the Services are not intended to provide specific tax or legal advice to any individual or business. You are encouraged to consult your own tax and/or legal professionals, the Internal Revenue Services (“IRS”) or state taxing agencies with any specific questions about your own tax return(s).
(2) Your Rights to Use The Services
(A) The Services are protected by copyright, trade secret, and other intellectual property laws. All of the Services, as well as all information accessed through or displayed on the Site (including, but not limited to, such things as all text, user interfaces, visual interfaces, sounds, graphics, computer code, “look and feel,” expression, etc.) (collectively “Content”), is owned or controlled by or otherwise licensed to Dime. Dime hereby grants to you, the user, a personal, limited, non-commercial, revocable, non-transferable and non-exclusive license to access the Site and to utilize the Services and Content for the limited and specific purpose of preparing and/or filing your personal, state and/or federal income tax return and those specific services related thereto as made available or facilitated through the Site or the Services.
(B) You agree not to use, nor permit any third party to use, the Services or Content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not (i) provide access to or give any part of the Services and/or Content to any third party, (ii) copy, reproduce, modify, deconstruct, sell, trade or resell the Services and/or Content, or (iii) make the Services or Content available on any file-sharing or application hosting service.
(3) Will these Terms ever change?
We are constantly trying to improve our Services, so this Agreement may change along with the Services. We reserve the right to change this Agreement at any time for any reason or no reason at all. If you don’t agree with the updated Agreement, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to this Agreement is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
(4) Who can use this service?
The Service is available to U.S. residents who are eighteen (18) years of age and older, have a valid email address, and have enrolled in the Service at www.joindime.com. We reserve the right to refuse access to the Service or cancel your account at any time and for any reason or no reason at all.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@joindime.com.
(5) Payment / Fees
For Services offered on a payment or subscription basis, the following terms apply, unless Dime or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
(A) Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
(B) You must pay with one of the following: (i) a valid credit card acceptable to Dime, (ii) a valid debit card acceptable to Dime, (iii) sufficient funds in a checking or savings account to cover an electronic debit of the payment due, or (iv) by another payment option that Dime provides to you in writing.
(C) If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
(D) If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
(E) Dime will automatically renew your monthly Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.(F) Additional cancellation or renewal terms may be provided to you on the Site.
(6) Use with Your Mobile Device
Use of the Services may be available through a compatible mobile device. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Dime makes no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and access to the services at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.
(7) Content
(A) As a condition for your access to and use of the Site and the Services, you hereby agree that you will not use the Site or any of the Services for any purpose that is illegal, immoral, contrary to public law, abusive, threatening, harassing, or in any way which would or might violate the legal rights, such as rights of privacy, of any other individual, business entity, or third-party, or in any way contrary to this Agreement. Without providing an exhaustive list, examples of such unlawful and/or prohibited conduct shall include, but not be limited to, the following:
- Engaging in the preparation and/or filing of any fraudulent tax return, whether for yourself, your business or another;
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- The use of any computer code, data mining software, “robot,” “deep-link,” “page-scrape,” “spider” or other automatic device, program, or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any of the Services offered via the Site;
- Attempting to access, collect or store the personal data of any other user;
- Except as permitted by Dime in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Transmitting, or causing to be transmitted, any of the following: a virus, trojan horse, worm, time bomb or other disruptive or harmful software or data; and
- Transmitting or using any information, software or content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.
(8) Additional Terms
- Dime is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
- Dime may be required by law to send you communications about the Services or third-party products. You agree that Dime may send these communications to you via email, text and/or by posting them on our Site, all in Dime’s sole discretion.
- Some of the Services involve Dime sending you communication via text message. You agree that Dime may send these communications to you.
- You are responsible for securely managing your password(s) for the Services and to contact Dime if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
- You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Dime may use your telephone number for “multi-factor authentication” (“MFA”), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Dime sending text messages containing security codes to your telephone number. You agree to receive these texts from Dime containing security codes as part of the MFA process. In addition, you agree that Dime may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.
- In order to use the payment functionality of our application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize us to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at www.joindime.com or support@joindime.com
- Twilio Messaging: Twilio treats all messaging transmitted via Twilio's platform - regardless of use case or phone number type (e.g., long code, short code, or toll-free) - as Application-to-Person (A2P) messaging. All A2P messages originating from Twilio are subject to this Messaging Policy, which covers rules and /or prohibitions regarding:Consent ( "opt-in");Revocation of Consent ("opt-out");Sender Identification;Messaging Usage;Filtering Evasion; andEnforcement.This policy applies to all customers who use Twilio's messaging channels. If you provide your own end users or clients with the ability to send messages through Twilio, for example as an ISV (Independent Software Vendor), you are responsible for the messaging activity of these users. You must ensure that any messaging activity generated by your users is in compliance with Twilio policies.Consent / Opt-inWhat Is Proper Consent?Consent can't be bought, sold, or exchanged. For example, you can't obtain the consent of message recipients by purchasing a phone list from another party.Aside from two exceptions noted later in this section, you need to meet each of the consent requirements listed below. If you are a software or platform provider using Twilio's platform for messaging within your application or service, you must require your customers to adhere to these same requirements when dealing with their users and customers.Consent RequirementsPrior to sending the first message, you must obtain agreement from the message recipient to communicate with them - this is referred to as "consent", you must make clear to the individual they are agreeing to receive messages of the type you're going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.If you do not send an initial message to that individual within a reasonable period after receiving consent (or as set forth by local regulations or best practices), then you will need to reconfirm consent in the first message you send to that recipient.The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can't treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns.Proof of opt-in consent should be retained as set forth by local regulation or best practices after the end user opts out of receiving messages.Alternative Consent RequirementsWhile consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.Contact initiated by an individualIf an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual's inbound message to you constitutes both consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don't send messages that are outside that conversation.Informational content to an individual based on a prior relationshipYou may send a message to an individual where you have a prior relationship, provided that individual provided their phone number to you, and has taken some action to trigger the potential communication, and has not expressed a preference to not receive messages from you. Actions can include a button press, alert setup, appointments, or order placements. Examples of acceptable messages in these scenarios include appointment reminders, receipts, one-time passwords, order/shipping/reservation confirmations, drivers coordinating pick up locations with riders, and repair persons confirming service call times.The message can't attempt to promote a product, convince someone to buy something, or advocate for a social cause.Periodic Messages and Ongoing ConsentIf you intend to send messages to a recipient on an ongoing basis, you should confirm the recipient's consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). You must also respect the message recipient's preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices.Identifying Yourself as the SenderEvery message you send must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.Opt-outThe initial message that you send to an individual needs to include the following language: "Reply STOP to unsubscribe," or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT.Individuals must have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages.
(9) Disclaimer of Warranties
- Your use of the Services, Software, and Content is entirely at your own risk. except as described in this Agreement, the Services are provided “as is.” to the maximum extent permitted by applicable law, Dime, its Affiliates, and its third party providers, licensors, distributors or suppliers (collectively, “suppliers”) disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in or linked to the services. Dime and its Affiliates and suppliers do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft or destruction. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the services, whichever is sooner.
- Dime, its Affiliates and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations.
- Dime, its Affiliates and suppliers disclaim any representations or warranties that your use of the services will satisfy or ensure compliance with any legal obligations or laws or regulations.
(10) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF DIME, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, DIME, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET DIME SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF DIME AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF DIME, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
(11) Indemnification
You agree to indemnify and hold Dime and its affiliates, suppliers, officers, agents, employees, attorneys, accountants, and partners harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Dime reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Dime in the defense of any Claims.
(12) Changes
Dime reserves the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our Site or when we notify you by other means. We may also change or discontinue the Services, in whole or in part, at any time. Your continued use of the Services indicates your agreement to the changes.
(13) Termination
- Dime may, in its sole discretion and without notice and without cause, restrict, deny, terminate this Agreement or suspend the Services or your account effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable Dime policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Dime’s rights to any payments due to it. Sections (2)(B) and (3) through (16) will survive and remain in effect even if the Agreement is terminated.
- You are free to stop using the Services at any time by contacting us at support@joindime.com. Please refer to our Privacy Policy, in addition to this Agreement, to understand how we treat information you provide to us after you have stopped using the Services.
(14) European Union
Due to European Union (EU) and European Economic Area (EEA) regulatory requirements, we do not provide service or intentionally collect data from EU or EEA residents. By using our service, customers represent that they are not EU or EEA residents.
(15) Governing Law
New York state law governs this Agreement without regard to its conflicts of laws provisions.
(16) Disputes / Arbitration
- Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled in New York, NY, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York, NY. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand and agree that by entering into these terms, you and company are each waiving the right to trial by jury or to participate in a class action.
- To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Dime Media Inc. This Section shall survive expiration, termination or rescission of this Agreement.
(17) DMCA
We respect the intellectual property rights of others, and we reserve the right to delete or disable user content alleged to be infringing, and to terminate the accounts of alleged infringers. To learn more about the Digital Millennium Copyright Act (the “DMCA”), see here https://www.copyright.gov/legislation/dmca.pdf
(18) Referral Program
Every Dime user gets his, her or its own unique referral link. When another user signs up for the Services after clicking on that unique link and becomes a paying subscriber, the referring user will receive a monetary bonus of Twenty Dollars ($20). Dime reserves the right to deny payment if the referred user cancels immediately, does not have self-employment income, or for any other reason as determined in the sole discretion of Dime. Dime also reserves the right to terminate the referral program at any time. The referral program is void if prohibited by law in the state, county or city where you are located.
(19) General
This Agreement is the entire agreement between you and Dime and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Dime. However, Dime may transfer, assign, or delegate this Agreement and our rights and obligations without your consent. If you want to request a transfer of this Agreement, contact Dime via an email to: support@joindime.com.
(20) Accuracy Guarantee
Dime cannot and does not assume any liability, claim, or loss for any user generated errors, including but not limited to data entry errors. You acknowledge and agree that you are solely responsible for the accuracy of your tax filings. However, Dime does offer an Accuracy Guarantee that the tax formulas and calculations accessed via any of the Services offered on the Site are accurate and will produce results consistent with federal and state standards for preparing and/or filing tax returns. In the event any of the formulas and/or calculations utilized in any of the Services offered by Dime are incorrect, then Dime will reimburse you any penalties and/or interest imposed by the Internal Revenue Service and/or your state of residence to the extent that such are imposed as a result of any such erroneous formulas and/or calculations. The Accuracy Guarantee is limited to penalties and/or interests as stated in this section and to no other amount(s). Furthermore, notwithstanding anything herein to the contrary, Dime’s liability pursuant to this Paragraph is limited to our Limitation of Liability as stated in this Agreement. Under no circumstance will Dime pay to you an amount that exceeds our Limitation of Liability as stated in this Agreement.
If you believe that an above-described calculation or formula error has occurred, you must notify Dime as soon as you are made aware of the mistake (and in no event later than 45 days after the interest or penalty is assessed) by phone at 1-415-644-8982 or mail at:
Dime Media Inc. - Accuracy Guarantee
442 5th Avenue #1467
Manhattan, NY 10018
Dime will then contact you to resolve the issue. In order to investigate your issue, Dime requires supporting information such as a copy of the IRS/state notice, evidence of payment of the specified penalty and/or interest, etc.
(21) Acceptable Use Policy
This Dime Acceptable Use Policy (“AUP”) is designed to protect the integrity, reliability and stability of the networks, systems, application, and related services of Dime Media Inc. (the “Dime Platform”) and is applicable to any user of the Dime Platform, including, but not limited to Dime customers (collectively, “Users”). Use of the Dime Platform by a User must, at all times, conform to this AUP, as well as any other terms and conditions between the User and Dime. By accessing or using any part of the Dime Platform, User agrees to be bound by this AUP. Each User shall be responsible for its direct use of the Dime Platform, as well as that of any third-party that such User has enabled to use the Dime Platform. Dime reserves the right, in its sole and exclusive discretion, to modify this AUP. Dime shall use commercially reasonable efforts to post notification of any such changes to this AUP on its website or through the Dime mobile app. However, continued use of or access to the Dime Platform following the posting of any changes constitutes acceptance of those changes. This AUP replaces any previous AUPs that may have been previously posted by Dime regarding the subjects addressed below.
- User’s use of the Dime Platform must, at all time, comply with all applicable laws, regulations and government orders.
- Each User shall be solely responsible for all User login credentials, including identifications (“UserID(s)”) and passwords, issued to it or generated through the Dime Platform and any actions by anyone using such UserID(s). User shall not disclose or share its UserID(s) or password with anyone and is responsible for all activities that occur with respect to its account, whether or not it knows about or authorizes them. If a User reasonably believes that its UserID(s) and/or passwords have been compromised, it shall notify Dime immediately. User agrees that Dime shall not be liable for any loss or damage arising from your failure to comply with this Section.
- A User may need to register for third-party services (e.g., Apple’s App Store, Google Play, Plaid, Abound, or Stripe) and/or otherwise enable various third-party services that may directly integrate with User’s Dime experience (“Third-Party Services”). By enabling Third-Party Services within the Service, a User agrees to allow Dime to pass User’s log-in credentials or other information (e.g., tokenized authentication information) to such Third-Party Service providers for this purpose. Please remember that the manner in which Third-Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Dime shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Service or site that may be enabled within the Service. In addition, Dime is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with such Third-Party Services, and such Third-Party Services may revoke a User’s right to access and/or authenticate to such Third-Party Service at any time. As such, Dime is not liable for any damage or loss caused or alleged to be caused by or in connection with User’s use of or reliance on any such Third-Party Service. Dime enables these features merely as a convenience to Users and the inclusion of such features does not imply an endorsement or recommendation of them.
- Dime shall be free to implement, use, modify or otherwise exploit, User’s ideas, suggestions or materials (or any part thereof) related to the Dime Platform without any payment or other obligation to User, and User agrees never to assert against Dime any claim based on any proprietary rights therein. User acknowledges that Dime may modify, update or otherwise change the Dime Platform without notice from time to time.
- User acknowledges and agrees that the Dime Platform may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Dime, User agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Dime Platform or the Service Content. In connection with User’s use of the Dime Platform, User shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Dime Platform or the Service Content other than as specifically and explicitly authorized herein or in another written agreement between the User and Dime (e.g., the Terms of Use or a Dime Customer Agreement) is strictly prohibited. The technology and software underlying or related to the Dime Platform is the property of Dime. User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Dime Platform. Any rights not expressly granted herein are reserved by Dime.
- With respect to the Dime Platform, User shall not do (nor shall it encourage or enable any other individual to do) or attempt to do any of the foregoing:
A. post, upload, publish, submit or transmit any material on the Dime Platform that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, service mark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, indecent, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm to or against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
B. export, re-export, or permit downloads of any content in violation of the export or import laws of the United States;
C. use, display, mirror or frame the Dime Platform or any individual element therein;
D. access, tamper with or use non-public areas of the Dime Platform or the systems of Dime or Dime’s providers;
F. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dime or any of Dime’s providers or any other third party (including another User) to protect the Dime Platform or its systems, including, but not limited to any attempt to circumvent User authentication or security of any host, network or account;
G. execute any form of network monitoring that will intercept data not intended for the User;
H. interfere with or deny service to any User of the Dime Platform (e.g., a denial of service attack) including, but not limited to use of any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a User’s session;
I. take any actions that restrict or inhibit anyone in his or her use or enjoyment of the Dime service, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services;
J. introduce or seek to introduce into the Dime Platform or its systems, the networks or systems of any of Dime’s providers or those any other third party, any computer code, programs, procedures, mechanisms or programming devices (including, without limitation, any code typically identified as a virus, Trojan horse or worm) that is or are designed to, or would enable User or any third party, to disrupt, modify, delete, damage, deactivate, disable, harm, access without authorization or otherwise impede the operation of the any Dime, provider or end user system, or any other associated software, firmware, hardware, computer system or network;
K. transmit, collect or store any personally identifiable information from the Dime Platform from other Users without their express permission;
L. impersonate or misrepresent an affiliation with any person or entity;
M. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation to other Users of Dime via the Dime Platform;
N. Use the Dime Platform for any commercial purpose or for the benefit of any third party except as intended through the provided functionality of the Service; or
O. Collect any personally identifiable information, including account names or other User identities or contact information, from the Service, nor use Dime Platform or any part thereof for commercial solicitation purposes. - Dime respects the intellectual property of others and expects all Users to do the same. Dime may, in its sole discretion, disable and/or terminate the accounts of any User who it reasonably believes has violated or infringed the intellectual property or other rights of any third-party. If User believes that its content has been used or duplicated by a third-party in such a way that would constitute copyright infringement, or if it believes its intellectual property rights have been otherwise violated, it should provide to Dime’s designated Copyright Agent (set forth below) the following information (a “Notice”), as required by Section 512(c)(3) of the Digital Millennium Copyright Act:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that User claims has been infringed;
- A description of where the material that User claims is infringing is located on the site, with enough detail that Dime may find it;
- User’s physical address, telephone number, and email address;
- A statement by User that it has a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by User, made under penalty of perjury, that the above information in such Notice is accurate and that User is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Deliver this Notice, with all items completed, to Dime’s Designated Copyright Agent:
Copyright Agent c/o
Dime, Inc.
442 5th Street
#1467Manhattan, NY 10018