DICC.COM Terms of Use

1. Welcome to dicc.com, DICC Creations and Dolphin Island Country Club

This page explains our terms of use. When you use dicc.com and DICC CREATIONS, you’re agreeing to all the rules below. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations—hence the brief summaries in these blue boxes, which are not part of the official legal terms.

By using this website (the “Site”) and services (together with the Site, the “Services”) offered by DICC CREATIONS, LLC (together with its and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors—collectively, “DICC CREATIONS,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and Cookie Policy, and agreeing to follow any other rules on the Site, like our Community Guidelines.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively—we’ll tell you the exact date they go into effect. If you keep using DICC.com after a change, that means you accept the new terms.

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DICC.com is for your personal, non-commercial use, except as explained in section 4 and section 5 below.

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2. About Creating an Account

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You must be 18 or over to sign up for a DICC.com account. You’re responsible for your account and all the activity on it and for knowing your local jurisdiction’s rules about entering into agreements such as this.

You can browse DICC.com without registering for an account. But to use some of DICC.com’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@dicc.com.‍

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

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3. Things You Definitely Shouldn’t Do

This section is a list of things you probably already know you shouldn’t do—lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please behave yourself. Don’t do this stuff.

Millions of people use DICC.com. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:

• Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
• Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
• Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to DICC.com or another party).
• Don’t abuse other users’ personal information. When you use DICC.com you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a DICC CREATIONS project: don’t use it for other purposes, and don’t abuse it.

We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things—most of which boil down to “don’t mess with our system.”

• Don’t try to interfere with the proper workings of the Services.
• Don’t bypass any measures we’ve put in place to secure the Services.
• Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to DICC CREATIONS or another party.
• Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
• Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
• Don’t take apart or reverse engineer any aspect of DICC.com in an effort to access things like source code, underlying ideas, or algorithms.

4. How the Project Works

Most of our Terms of Use explain your relationship with DICC CREATIONS. This section is different—it explains the relationship between the Management Team and Unit Purchasers of DICC CREATIONS projects, and who’s responsible for what. This is what you’re agreeing to when you back a DICC CREATIONS project.

DICC CREATIONS provides a crowdfunding platform for the Management Team’s Project. Anyone who supports the Project is accepting the DICC CREATIONS offer, and forming that contract.

The contract is a direct legal agreement between DICC CREATIONS and their Unit Members. Here are the terms that govern that agreement:

When the Project is successfully capitalized through all phases, the DICC CREATIONS beneficiaries must complete the Project and fulfill the benefits and make an attempt to meet rewards described via the Unit Program. Once the Project has done so, they’ve satisfied their obligation to their Unit Members.

Throughout the process, the Project owes their Unit Members a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, Unit Members must understand that they’re not buying something when they back a project—they’re helping to create something new, not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.

If DICC CREATIONS beneficiaries are unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for Unit Members. A Management Team member in this position has only remedied the situation and met their obligations to Unit Members if:

• they post an update that explains what work has been done, how Unit Member purchases were used, and what prevents them from finishing the project as planned;
• they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to Unit Members;
• they’re able to demonstrate that they’ve used Unit Member purchases appropriately and made every reasonable effort to complete the project as promised;
• they’ve been honest, and have made no material misrepresentations in their communication to Unit Members; and

5. How Unit Purchasing Works

This section goes over the details of purchasing and enabling the Project—things like how money gets collected, whether purchases can be changed or canceled, and how the Management Team can contact Unit Members to provide rewards.

These are the terms that apply when you’re backing the Project:

• You’re only charged at once upon committing to the Project. You’ll provide your payment information when you purchase, and you will be charged. Your payment will be collected upon purchase, and released to the Management Team shortly after the Unit Purchase has been made (once the transaction is proven to be complete and finalized).

• You can increase your Unit Purchased amounts at any time before the Project’s milestone deadline (with one exception). Once the Project milestone has been reached, you can only cancel or change your purchase by making special arrangements directly with the Management Team via the Early Redemption aspects of the Program.

• The estimated delivery is DICC CREATIONS estimate. The month and year listed on each reward is the Management Team’s estimate of when they will provide the reward and benefit—not a guarantee to fulfill by that time. The schedule may change as the Management Team works on the project. The Management Team has thought carefully, set an estimated delivery they feel confident they can work toward, and communicate with Unit Purchasers about any changes.

• The Management Team may need to send you questions about your reward. To deliver rewards, the creator might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, you’ll need to provide the information in a reasonable amount of time. The Management Team should not ask for personal information that is not necessary to provide your reward, and should never request sensitive personal information such as your Social Security number or payment information. Contact us at support@dicc.com if you receive a request for information that seems inappropriate or excessive.

• DICC CREATIONS doesn’t offer refunds. Responsibility for finishing a project lies entirely with the Project Management Team. DICC CREATIONS doesn’t hold funds on the Project’s behalf, cannot guarantee the Management Team’s work, and does not offer refunds.

6. Stuff We Don’t Do and Aren’t Responsible For

We don’t oversee the Projects’ performance, and we don’t mediate disputes between Unit Members.

DICC CREATIONS isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release DICC CREATIONS from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

7. Our Fees

Creating an account on DICC.com is free. As the Project is reaching its Unit Sales goal, our payment partners collect fees. Our partners’ fees may vary slightly based on your location.

We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some purchases by Unit Members are collected by payment providers. Each payment provider is its own company, and DICC CREATIONS isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of DICC CREATIONS.

8. Other Websites

If you follow a link to another website, what happens there is between you and them—not us. DICC CREATIONS may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

DICC CREATIONS partners with other companies for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.

9. Your Intellectual Property

We don't own the content you post on DICC CREATIONS, but we do have your permission to use or copy it however we need. We generally use it to promote projects and showcase our community. Ultimately, you're responsible for the content you post, and you're vouching to us that it's ok to use.

10. DICC CREATION’s Intellectual Property

The content on DICC CREATIONS is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.

DICC CREATION’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

DICC CREATIONS grants you a license to reproduce content from the Services for personal use only. This license covers both DICC CREATION’s own protected content and

user-generated content on the Site. (This license is worldwide, non-exclusive,

non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from DICC CREATIONS or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

11. Deleting Your Account

You can delete your account at any time, but doing so won’t automatically remove some content you’ve already posted.

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.) You can contact us at support@dicc.com for additional information or to request project page deletion (this is not available in all circumstances).

12. Our Rights

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.

To protect the health and integrity of our system and to help ensure that the Management Team and Unit Members enjoy a safe and secure environment, DICC CREATIONS reserves these rights:

• We can make changes to the DICC.com Site and Services without notice or liability.
• We have the right to decide who’s eligible to use DICC CREATIONS. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of our Terms or any other rules on the Site, like our Community Guidelines and rules for starting projects—we may cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use DICC CREATIONS in that jurisdiction.
• We have the right to cancel any purchase to the Project, at any time and for any reason.
• We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

DICC CREATIONS is not liable for any damages as a result of any of these actions.

It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancellations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.

13. Warranty Disclaimer

We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

DICC CREATIONS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM DICC CREATIONS SHALL CREATE ANY WARRANTY.

14. Indemnification

If you do something on DICC CREATIONS that winds up getting us sued, you have to help defend us.

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of DICC CREATIONS. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

As part of this, by accepting these Terms of Use, you consent to service of process for any action that could be brought against DICC CREATIONS, for any reason.

15. Limitation of Liability

If something bad happens as a result of your using DICC CREATIONS, we’re not liable (beyond a small amount).

To the fullest extent permitted by law, in no event will DICC CREATIONS, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall DICC CREATION’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

16. Dispute Resolution and Governing Law

We’re located in Belize, and any disputes with us have to be handled in Belize under Belize law.

We at DICC CREATIONS encourage you to contact us if you’re having an issue before resorting to the courts. Our DICC CREATIONS support team is on hand and ready to answer your questions. You can email support@dicc.com so that one of our support team agents can personally reply to you and attempt to resolve your issue. These resources are easily accessible and free.

In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Belize, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that DICC CREATIONS and its Services are deemed a passive website that does not give rise to jurisdiction over DICC CREATIONS or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than Belize. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of DICC CREATIONS, shall be filed only in the state or federal courts located in Belize, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

17. The Rest

These are our official terms and our rules for how things work. You can verify any confusing or conflicting information you see elsewhere by referencing what we’ve explained on this page. These Terms and the other material referenced in them are the entire agreement between you and DICC CREATIONS with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and DICC CREATIONS with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or DICC CREATIONS to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get DICC CREATION’s prior written consent. DICC CREATIONS has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. DICC CREATIONS will provide you notice via email, written notice, or by

conspicuously posting the notice on our Site.

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