Last edited: October 06, 2016
(referred to throughout as “we,” “us” and “our”) we are committed to providing the best possible service to our customers through our website, www.bucketnote.com
, govern your access to and use of the Services and constitute a binding legal agreement between you and us.
TERMS AND CONDITIONS FOR USE OF THE SITE
- Generally. BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF THE SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO THESE TERMS WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SERVICES AND LEAVE THE SITE IMMEDIATELY.
WE MAY REVISE THESE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS PERIODICALLY. IF, AT ANY TIME, YOU DO NOT AGREE WITH THE TERMS, PLEASE CEASE ALL USE OF THE SERVICES AND LEAVE THE SITE IMMEDIATELY.
- Services. Subject to your compliance with these Terms, bucketnote hereby grants you permission to use the Services. bucketnote is an app and a web-based platform, which allows you to preserve your memories, thoughts and important milestones for friends, family and future generations when you’re gone. With bucketnote’s features, you can upload photos, videos, voice memos and write notes while saving the entries as you go. Your bucketnotes will be kept secure and private until after your death and delivered at that time.
As set forth below, we provide several verification opportunities as part of our Services to ensure that you are deceased before any bucketcapsule, bucketnote or other posthumous messages are distributed on your behalf.
Your bucketpals play an important part in verification and we recommend you select your bucketpals with care.
Your bucketpals will not be able to access the information contained in your bucketnotes and/or bucketcapsules.
The bucketnote delivery and activation process is as follows:
There are two (2) ways bucketnote will deliver your bucketnotes - bucketchecks and/or bucketpals. You must choose one or both.
- bucketcheck option
- If you select bucketchecks, we’ll email/text you periodically (weekly, monthly, bi-annually or annually) to make sure you’re still with us. You choose how often and whether by email and/or text.
- If you’ve selected bucketchecks and you don’t respond to your bucketcheck, we’ll send you a series of fourteen (14) verification emails (one a day) to confirm your status (alive or dead).
- If you don’t respond after the FINAL verification email, your notes will be sent after a seven (7) day grace period.
- Unless you’ve selected the “check with a friend” option (you can select up to five (5) friends) whereupon we will send the selected individual(s) seven (7) consecutive emails (one a day) to confirm your status (alive or dead). They will have this time to let us know if you’re still with us. If we receive no response from your friend(s), we will send out your notes after a seven (7) day grace period.
- bucketpal option
- If you decide you’d rather not have a bucketcheck, you’ll need to select a bucketpal (choose up to five (5) friends) who will activate your notes after you’re deceased by punching in a bucketcode on our Site at the right time.
- When your bucketnotes are activated via a bucketcode by a bucketpal, you will receive seven (7) emails on consecutive days to stop your notes from being sent in case you’re still alive. If there is no response after that seven-day period of time, your notes will be sent after another seven (7) day grace period.
- bucketcheck & bucketpal option
- If you choose bucketchecks AND bucketpals for delivery, a bucketcode entered by a bucketpal will supersede a bucketcheck. In other words, someone’s bucketcheck might be six months from now, but if a bucketcode is entered (after the seven (7) emails sent to the user and seven (7) day grace period) the notes will be sent regardless of when the bucketcheck is meant to happen.
WE ARE NOT PROVIDING YOU WITH LEGAL ADVICE AND THIS IS NOT A LAST WILL AND TESTAMENT SERVICE. WE CANNOT AND DO NOT PROVIDE LEGAL ADVICE. WE ARE PROHIBITED FROM PROVIDING ANY KIND OF ADVICE, EXPLANATION, OPINION, OR RECOMMENDATION TO YOU ABOUT POSSIBLE LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES. THERE IS NO OBLIGATION LEGAL OR OTHERWISE FOR A BUCKETPAL TO FOLLOW THE DIRECTIONS YOU PROVIDE VIA THE SERVICES. INFORMATION AND MATERIALS YOU PROVIDE THROUGH THE SERVICES ARE NOT SUBJECT TO ATTORNEY-CLIENT OR OTHER LEGAL PRIVILEGE AND THE INFORMATION PROVIDED ON THE SITE IS NOT LEGAL ADVICE. IF YOU ARE IN NEED OF LEGAL ADVICE FOR YOUR SPECIFIC SITUATION, YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR STATE.
Use of this Site. You may only use this Site for the Services as described on the Site and shall not use this Site for any other purposes. We reserve the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any user.
- bucketnote also has an add-on feature to its mobile application – the bucketcapsule, which lets you send a multimedia (video, text, audio and photographs) to one recipient up to 100 years in the future. You can pick a date such as grandchild’s birthday (date-specific capsules) or an event like the wedding of a child or birth of a first grandchild (event- based capsules).
- For event-based capsules you must choose at least one bucketpal (and up to five) to handle the delivery of your capsule via a bucketcode. For date-specific capsules, if you don’t have the recipient’s email or mobile (such as for an infant), you must choose a bucketpal to enter the information and handle delivery via a bucketcode. If you do have an email and/or mobile for a date-specific capsule, we suggest you also select a bucketpal to update the recipients’ information as mobiles and emails tend to change over time.
- If you have selected bucketpal(s) we will send them annual reminders about your bucketcapsule until it's delivered. Your bucketpal(s) will have the option to opt out of the reminder.
This Site is to be used by you for your personal use only. Commercial uses of this Site is strictly prohibited. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious.
You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any content or information contained herein. You agree that you will not, through any means, interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for us and/or our third party suppliers, providers, distributors or vendors.
BucketNote Rights & Responsibilities.
If we identify files or processes which pose a threat to the proper technical operation of the Site or to the security of other users, we reserve the right to delete those files or to terminate those processes.
If we suspect your user name is being used by someone who is not authorized, we may temporarily disable your access in order to protect your Information and to preserve system security. In all such cases, we will contact you within twenty-four (24) hours to inform you of the suspected unauthorized access to your account. If you have been locked out of your account, please contact us at email@example.com for assistance.
We are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications. Further, we are not responsible for incorrect or inaccurate information regardless of the cause of such error or accuracy and shall not be liable for damages resulting therefrom.
Proprietary Rights Information. This Site is owned and operated by us. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images, patents, trade secrets, technologies or other proprietary rights (the "Materials") are owned by us and our various third party suppliers, providers and distributors. You may not copy, reproduce, republish, upload, post, modify, transmit or distribute this Site or the Materials without our prior written consent. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Site materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited. All rights not specifically granted herein are reserved.
Trademarks. The trademarks, logos, service marks and trade dress displayed on this Site including but not limited to “bucketnote,” “bucketpals,” “bucketcode” and “bucketcapsule” (collectively, the "BucketNote Trademarks") are our registered and common law trademarks. Any reproduction or use of any of the BucketNote Trademarks without our prior, express written consent is prohibited. In addition to BucketNote Trademarks, there may be other third party trademarks displayed on the Site as well. Nothing contained on this Site or provided by or through the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the BucketNote Trademarks or third party trademarks displayed on through the Services without the prior written consent of bucketnote or the applicable third party trademark owner or holder.
User Content. Any Information that you submit to the Site or through the Services, including text, communications, video, audio, images, data, or other information (collectively, the “User Content”), remains your property and responsibility and you retain copyright and all other intellectual property rights on all works created by you. Upon submission of User Content to the Site or through the Services, you grant us the rights to post the User Content on the Site and grant access to the User Content in accordance with the instructions on the Site. bucketnote has no proprietary interest in your User Content. We are not the publisher or author of the User Content. We take no responsibility and assume no liability for any content posted by you or any third party to the Site or through the Services.
You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content. Please do not submit confidential or proprietary information to us through this Site.
All comments, feedback, information or material submitted to us through the Site or related to the Services is excluded from the definition of User Content and shall be owned by us and considered non-confidential information. We may use your comments, feedback, information and materials for training and to improve the Services and the Site without any further permissions or obligation to you.
Notice and Procedure for Making Claims of Copyright Infringement. We respect the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please follow the instructions below.
Notifications of claimed copyright infringement under the Digital Millennium Copyright Act (“DMCA”) should be sent to our designated agent at BUCKETNOTE, LLC or mailed to: 50 Montrose Rd., Yonkers, NY 10710, attention: Steve Clark. To be effective, the DMCA notification must be a written communication that includes the following:
Linked Websites. This Site may include links to other websites. We have not reviewed all of the information on these other websites. The inclusion of these links in no way indicates our endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites. We are not responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the content, materials, products or services on such websites. If you decide to access other websites, you do so at your own risk.
Use of Third Party Suppliers. In order to offer the Services, we may use third party suppliers, providers or vendors. YOU AGREE THAT WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR VENDORS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, LOSS OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS OR VENDORS.
Personal Information, Credit Card Information. YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONAL INFORMATION, RELATED TO OR RESULTING FROM USE OF THE INTERNET, THE SERVICES OR ANY WEBSITES LINKED OR ASSOCIATED WITH THE SERVICES. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR, THROUGH THE SERVICES OR ANY WEBSITE LINKED TO THIS SITE. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING, WITHOUT LIMITATION, CREDIT CARD INFORMATION, PERSONAL INFORMATION, EMAIL ADDRESSES OR PHONE NUMBERS), AND WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works on the Site;
- 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 permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the 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.
EXCLUSION OF WARRANTY, DISCLAIMER. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, AND ANY RELATED INFORMATION, CONTENT AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. WE DO NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERUPTED OR AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURED, OR ERROR FREE. NOR ARE THE SERVICES GUARANTEED TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US TO YOU WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- Denial of Access. We may, at any time and without notice, in our sole and absolute discretion, in addition to any other rights or remedies available to us, and without any liability whatsoever to you, terminate or restrict your access to the Services.
- Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
- Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
- Severability. The provisions contained in these Terms shall be severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- Waiver. No failure on our part to exercise, and no delay in exercising, any right or remedy arising hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. Our waiver of any provision hereof shall not be deemed to constitute the waiver of any other provision hereof. All of our rights and remedies under these Terms shall be cumulative and not alternative.
- Attorney's Fees. If we take any action to enforce these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.
- Modification. We may at any time modify these Terms, and your continued use of the Services will be conditioned upon the terms and conditions in force at the time of your use. Accordingly, you agree to review these Terms periodically, and your continued access and/or use of the Services shall be deemed your acceptance of, and agreement to, the changed Terms.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OUR AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY EXPENSES OR DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(A) YOUR USE OF THE SERVICES; (B) ANY FAILURE OR DELAY, INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICES; OR (C) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY THIRD PARTY PROVIDERS, SUPPLIERS OR DISTRIBUTORS OF PRODUCTS OR SERVICES RELATED TO THE SERVICES; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to you. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US, OUR AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES.
IN THE EVENT WE ARE HELD LIABLE FOR ANY DAMAGES RELATED TO THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID FOR BY YOU THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE SERVICES BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
Indemnification. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms or the documents incorporated by reference, or your violation of any law or the rights of a third party. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Governing Law. Any disputes arising out of or related to the Services shall be governed by and construed and enforced in accordance with, the laws of the State of New York applicable to contracts entered into and to be performed entirely within the State of New York. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of New York, New York County for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Contact Information. If you have any questions or concerns regarding these Terms or if you need further assistance with respect thereto, you may contact us using the information provided below. We will use our best efforts to respond to your questions or concerns promptly.
50 Montrose Rd.
Yonkers, NY 10710