Bucketwish Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the services provided by our website (‘the Service”) made possible through Bucketwish and any information, text, graphics and photos or any other materials uploaded, downloaded, or appearing on the Service (collectively as “Content”). Please read these Terms carefully and contact us if you have any questions. By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy.

Basic Terms

You are responsible for your use of the Service and the Content you post to the Service, and for any consequences thereof. The Content that you submit, post or display will be able to be viewed by other users of the Service and may be viewed by third party services and websites. Your account is set up with default privacy settings and you are responsible for changing those default settings to make your Content more public or private. You should only post Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Bucketwish and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Bucketwish provides may evolve and the form and nature of the Services that Bucketwish provides may change from time to time without prior notice to you. In addition, Bucketwish may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Privacy

Any information that you provide to Bucketwish is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Bucketwish.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters and numbers) with your account. Bucketwish cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

User Communications

Bucketwish has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in Bucketwish’s sole discretion. By using the Service or communicating with Bucketwish or others by means of your access to the Service, you consent to receive communications from Bucketwish, including but not limited to, emails, text or Facebook messages, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Service, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates the Terms of Service.

Ownership

This Service and the content and all intellectual property rights included in or associated with the Service, including, but not limited to patents, copyrights, trademarks, service marks, logos, are either owned by Bucketwish or owned by others licensed to us. All rights, title and interest in and to the Service and such Content remains with Bucketwish as licensors. Additionally, you may not remove or alter any copyright, trademark or other intellectual property or proprietary rights notice or legend contained on the website or in the Content. You agree not to access the service by any means other than through the interface Bucketwish provides via the website or any provided mobile application for use in accessing the Service. Your use of the Website or Service does not grant you any right, license or permission of any kind to reproduce or use Bucketwish’s intellectual property.

Termination

The Terms will continue to apply until terminated by either you or Bucketwish as follows: (1)You may end your legal agreement with Bucketwish at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform Bucketwish when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

(2) We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for Bucketwish; or (iii) our provision of the Services to you is no longer commercially viable. Nothing in this section shall affect Bucketwish’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.

Disclaimer and Limitation of Liability

Please read this section carefully since it limits the liability of Bucketwish and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Bucketwish Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

(1) The Services are “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BUCKETWISH ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Bucketwish Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Bucketwish Entities or through the Services, will create any warranty not expressly made herein.

(2) Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Bucketwish Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Bucketwish Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

(3) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BUCKETWISH ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BUCKETWISH ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BUCKETWISH, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BUCKETWISH ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

General Terms

(1) Waiver and Severability

The failure of Bucketwish to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

(2) Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Duval County, Florida, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).

(3) Entire Agreement

These Terms, our Privacy Policy are the entire and exclusive agreement between Bucketwish and you regarding the Services (excluding any services for which you have a separate agreement with Bucketwish that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Bucketwish and you regarding the Services. Other than members of the group of companies of which Bucketwish LLC is the parent, no other person or company will be third party beneficiaries to the Terms. We may revise these Terms from time to time, the most current version will always be at www.bucketwish.com/tos. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. These Services are operated and provided by Bucketwish LLC, 118 West Adams Street, Suite 230, Jacksonville, FL 32202. If you have any questions about these Terms, please contact us.

Effective: November 1, 2013