Terms of Service
Terms of Service
Effective May 10, 2019
This Terms of Service document (these “Terms”) contains the terms and conditions under which you or your organization (“you”) may use any website or other service that (a) is owned and made available by The Bucket.com, LLC (“The Bucket,” “we,” “us”) and (b) includes a link or other reference to these Terms (collectively, the “Service”). The Service includes our website thebucket.com and any other websites owned or controlled by us, as well as our online resources, such as articles, reviews, directories, media, discussion forums, and any other service or content made available by us on or through any of our websites or third-party platforms.
- Acceptance of These Terms
These Terms form a binding contract between you and us. By accessing or using the Service in any way, or by registering with us, you acknowledge and agree that (a) you have read these Terms, (b) you understand all of the terms and conditions of these Terms, and (c) you will comply with and be legally bound by these Terms. If you do not agree with any part of these Terms, you may not use the Service.
2. Changes to These Terms; Additional Terms
Additional terms may apply. For example, if you or your organization sponsors or participates in an event offered or sponsored by us, you may be required to agree to event-specific terms as a condition to such sponsorship or participation. Your organization may have a separate, written agreement with us relating to content, advertising, or other services or activities, in which case your use of the Service may also be subject to that agreement. In addition, terms required by third parties, such as providers of social-media platforms, or products and services available for purchase, may apply as applicable to your use of the Service in conjunction with products and/or services provided by such third parties, as more fully described below.
3. Access to the Service; Changes and Limitations
On the condition that you comply at all times with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Service for your personal use.
We may establish limits concerning use of the Service, including the maximum number of days that User Content (defined and discussed below) will be retained by the Service, the maximum number and size of postings, messages, or other User Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that we have no responsibility or liability for the deletion or failure to store any User Content or other content maintained or transmitted by the Service. You also acknowledge that we may review, improve, change, suspend, or discontinue the Service or any features, information, materials, or content on the Service at any time, with or without notice to you, and without liability. You agree that we, in our sole discretion, have 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 your User Content within the Service, for any reason, including, without limitation, if we believes that you have acted inconsistently with the letter or spirit of these Terms, and we shall not be liable to you or any third-party for any termination of your access to the Service. You agree not to attempt to use the Service after any such termination.
4. Third-Party Services and Dealings with Third Parties and Other Users
Use of certain features of the Service may include use of third-party products, content, and/or services (“Third-Party Services”) identified on our website. For example, certain collaboration or other tools that enable user interactions may be provided by third parties. We may display articles, commentary, advertisements, and other content from third parties through the Service or provide information about or links to Third Party Services, including promotional offers. The Service may also include features that allow you interact with other users or to comment on features of the Service, including Third-Party Services and User Content (including your User Content).
Your interactions with any such third parties and your use of any Third-Party Services is at your sole risk and may be governed by separate terms and conditions (which may include separate privacy policies) relating to your use of those Third-Party Services. Similarly, your interactions with other users are solely your responsibility, including your obligation to comply with the terms below relating to User Content and Restrictions on Use of the Service.
We make no representation or warranty as to the accuracy, completeness, authenticity or any other aspect of Third-Party Services and User Content, and we are not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of Third-Party Services or User Content. If you are not able to access or use the Third-Party Services for any reason, you may not be able to use the applicable feature of the Service, in which case your sole remedy will be to terminate your use of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that we are under no obligation to become involved, and you hereby release The Bucket, its affiliates, and their respective officers, directors, employees, agents, successors and assigns from all claims, demands and damages (actual and consequential) of every kind or nature, known, suspected or unknown, arising out of or in any way related to such disputes.
5. Restrictions on Use of the Service
You are solely responsible for your conduct (and the conduct of anyone else who uses the Service on your behalf or via your account) with respect to the Service. You agree not to do any of the following:
- rent, lease, lend, sell, sublicense, or create derivative works of the Service;
- distribute the Service or make the Service available over a network where it could be used by multiple devices at the same time;
- modify, disclose, decompile, reverse engineer, disassemble, attempt to derive the source code, underlying ideas, or algorithms of the Service or any part of the Service, except to the extent required by applicable law;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, monitor, scrape, reformat, frame, mirror, or index any portion of the Service (including any content available via the Service), or transmit any computer virus, worm, defect, Trojan Horse or other item of a destructive or disruptive nature;
- remove, alter, or obscure any copyright, trademark, or other proprietary rights notice or labels on or in the Service;
- use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit our other users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service;
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by us;
- collect personal information about other users for any purpose without verifiable consent of such users;
- send bulk emails or other communications, surveys, or other mass messaging, or engage in keyword spamming, or otherwise attempt to manipulate search results of the Service or any third-party website;
- use the Service for any other illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms;
- attempt to gain unauthorized access to the Service or any of our systems or networks;
- use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation our rights or the rights of any third party;
- impersonate or misrepresent your affiliation with any person or entity;
- build a competitive product or service, or copy any features or functions of the Service;
- disclose to any third party any performance information or analysis relating to the Service;
- post, link or transmit User Content, repeatedly post the same or similar User Content, or otherwise impose, in our sole determination, an unreasonable or disproportionately large load on our infrastructureor
- cause or permit any third party to do any of the foregoing.
6. User Content
The Service may contain features that allow users and third parties to post, submit, store, transmit, link, or otherwise provide User Content to us or our personnel, other users of the Service, or other visitors to our website. “User Content” means postings, comments, messages, articles, stories, files, images, photos, video, sounds, and other information and materials. User Content is the sole responsibility of the party from which such User Content originated, and you are entirely responsible for all User Content that you post, transmit or otherwise make available on or via the Service. You further acknowledge and agree that we may not be able to control, and we are not responsible for, any User Content, and that we are under no obligation to pre-screen, approve, monitor, remove, or return any User Content (although we have the right, without obligation, to do so for any reason). You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable or in violation of our User Content guidelines. You agree that you must evaluate, and bear all risks associated with, the use of any User Content.
In addition to the restrictions listed above, regardless of whether you believe you have been prompted by the Service or other users, you agree that you will not, and will not permit or enable anyone else to, upload, use, create, transmit, store, display, distribute, share, or otherwise provide any User Content that:
- is false, illegal, or fraudulent, or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, to any animal or to any property;
- contains or comprises any confidential information not required to be disclosed in connection with use of the Service, including without limitation any medical or mental health information about yourself or any other person;
- is obscene, pornographic, indecent or sexually explicit;
- depicts violence, or make any threats to commit violent acts, including self-harm;
- is derogatory, demeaning, inflammatory, malicious, defamatory, abusive, offensive, hateful, harassing, humiliating (publicly or otherwise), libelous or otherwise objectionable;
- you do not have a right to make available under applicable law or under contractual or fiduciary relationships; or
- infringes, misappropriates or violates the intellectual property or proprietary rights of others (including, but not limited to, rights of privacy and rights of publicity).
7. Proprietary Rights
The Service and its entire contents, features and functionality (including, but not limited to, all information, software, data, text, displays, images, scripts, icons, typefaces, media, source and object code, queries, algorithms, and the design, selection and arrangement thereof) is owned by The Bucket, its licensors, or other providers of such materials and is protected to the maximum extent permitted by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and international treaties. Except for the limited right to use the Service as set forth above, no right, title, or interest in or to the Service or any party of the Service is transferred to you, and all rights not expressly granted to you in these Terms are reserved by us and our licensors. User Content displayed on or through the Service may be protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service, in whole or in part, or the collective work, is prohibited. You further agree not to reproduce, duplicate or copy User Content from the Service without express written consent, and you agree to abide by any and all copyright notices displayed on the Service. You may not use any trademarks, logos, product or service names, designs or slogans displayed on or through the Service for any purpose without prior, written permission from us or our applicable licensor.
8. Your License Grant to Us
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, survey responses or other information or materials that you provide regarding us or the Service, whether by email, posting through the Service, or otherwise (“Feedback”).Any Feedback you submit will become our sole property, and we will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Accordingly, please do not send Feedback to us if you expect to be paid or want to continue to own or claim rights in your Feedback. You agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
10. Infringement Claims
We respect intellectual property rights, and we expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at email@example.com.
Please include the following information in your notice:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or other intellectual property claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to contact the complaining party, such as an address, telephone number and, if available, email address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or applicable law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright or other infringement to our users by means of a general notice on our website, electronic mail to a user’s email address in our records, or by written communication sent to a user’s address in our records. In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, and at our sole discretion, the right to access and use the Service for those users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Service and/or terminate the right of any user to access and use the Service for the infringement of any intellectual property rights of others, whether or not there is any repeat infringement.
The restrictions and other provisions in these Terms apply to the fullest extent permitted by applicable law. Please report any violations of these Terms by emailing us at firstname.lastname@example.org. You may expose yourself to liability if, for example, User Content you submit contains material that violates any of the restrictions listed above. Without limiting the foregoing, if you violate (or are alleged to have violated) any such restrictions, your license to use the Service will immediately and automatically terminate without notice, and we may delete your account and pursue any remedy available to us under these Terms and applicable law. We reserve the right, but are not obligated, to investigate any violation of such restrictions or other misuse of the Service or breach of these Terms. Enforcement of these Terms is solely at our discretion, and failure to enforce these Terms in any instance does not constitute a waiver of our right to enforce these Terms in any other instance. Nothing in these Terms creates any private right of action on the part of any third party or any reasonable expectation that the Service will be free from conduct or content that violates the such restrictions.
12. Important Disclaimers
You agree that use of the Service is entirely at your own risk. The Service is provided on an “as is” and “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, any 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, we do not warrant, and we hereby disclaim all liability for (a) the security, reliability, timeliness, completeness, accuracy, and performance of the Service, (b) other services, goods, or other materials or information, including advice, received through or advertised on the Service, or accessed through any links on the Service, (c) the failure of the Service to meet your requirements or expectations, and (d) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any of its contents. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
We do not provide medical advice or diagnose or identify medical conditions, including mental health conditions, and you agree not to disclose any such conditions to, or seek any such advice, diagnosis, or identification from, us or our personnel or other users of the Service via the Service. The content and/or information provided via the Service do not constitute and should not be interpreted as therapy or as medical advice, medical opinions or medical services, and there is no doctor-patient relationship or therapist-patient relationship between us or our personnel or other users and you. The Service is not a substitute for the advice of a medical professional or therapist, and the information made available on or through the Service should not be relied upon when making medical decisions, or to diagnose or treat a medical or other health condition, including a mental health condition. If you require medical advice, medical services, or therapy, please consult a medical professional directly.
13. Limitation of Liability
In no event will we or our third-party service providers be liable to you for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever, arising out of or related to the Service or these Terms, regardless of the cause of the damages or the theory of liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed, or emotional distress), product liability, strict liability or any other theory, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
In no event will we our or our third-party service providers’ total liability arising out of or related to the Service or these Terms exceed U.S. $100.
You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, representatives, heirs and assigns harmless, at your sole expense, from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of or resulting from (a) your use of the Service or the use of the Service by a third party accessing your account, including any infringement of rights of third parties, or (b) your breach of these Terms.
This provision requires you and us to arbitrate certain disputes and limits the manner in which both parties can seek relief. Please read it carefully. Arbitration prevents either party from suing the other party in court or from having a jury trial.
You and we agree to arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Service, except that neither you nor we shall be required to arbitrate any dispute in which either party seeks equitable and/or other relief for the alleged unlawful use of intellectual property rights. Arbitration will be conducted confidentially in Boston, Massachusetts, by a single arbitrator in accordance with the rules of the American Arbitration Association. Except as expressly provided in these Terms, the arbitrator shall have the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, whether the dispute is heard in arbitration or in court, no arbitration or claim under these terms will be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Service, and neither you nor we will commence against the other a class action, class arbitration, or other representative action or proceeding.
Governing Law and Dispute Resolution. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. The state and federal courts located in Suffolk County, Massachusetts, will have exclusive jurisdiction over any suit in connection with the Service or these Terms that is not subject to arbitration, and you and we hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. If a party initiates any proceeding regarding these Terms and such proceeding is not subject to arbitration, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of these Terms.
Assignment. You may not assign, delegate or transfer these Terms, in whole or in part, without our prior written. Any attempted or purported assignment, delegation or transfer in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of the parties’ respective heirs and assigns.
Electronic Communications. You agree to receive electronically all current and future notices, disclosures, communications and information from us and that such electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
Force Majeure. We will not be liable for any loss or damage arising from any event beyond our reasonable control, including, but not limited to, natural disaster, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
Headings. Headings of sections are for convenience only and have no legal or contractual effect.
Severability. If any provision of these Terms is held to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect, and the invalid, illegal or unenforceable provision shall be construed so as to give the closest possible valid, legal and enforceable meaning to the original intent of the parties.
Survival. Sections 7-16 will survive any termination of these Terms.
17. Contact Information.
If you have any questions or concerns regarding these Terms or the Service, please contact us at email@example.com.
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