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.
- bucketcheck option
- 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.
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.
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.
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.
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.
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:
- 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.
- 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.
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.
50 Montrose Rd.
Yonkers, NY 10710