bucketlist.club

This Agreement (“Agreement” or “Terms of Use”) states the terms of use and conditions under which You (collectively referred to as “You” or “Your”) are permitted to use the Bucket List Club website at www.bucketlist.club (“Site”) as a guest or a registered user, which includes computer software and, as applicable, associated media, printed materials and “on-line” or electronic documentation, and includes any updates or new versions thereof provided to You by Bucket Technology, LLC (“Licensor,” “We,” “Us,” or “Our”) in connection with the operation of the services provided as a part of the Site when and for so long as properly obtained and maintained from Licensor (the “Service”). Carefully read all the terms and conditions of this Agreement before using the Site.

BY USING THE SITE, OR BY CLICKING THE “I AGREE” OR SIMILAR ICON YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BETWEEN LICENSOR AND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SITE.

Changes to the Terms of Use We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them to www.bucketlist.club/home/terms. Your continued use of the Site following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check www.bucketlist.club/home/terms so You are aware of any changes, as they are binding on You.

Accessing the Site and Account Security We reserve the right to withdraw or amend the Site and the Service in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

Regarding "bucket list idea" suggestions, you agree to not submit anything that you do not have the right to share, and you agree to grant BLC all rights to use any submission provided by you.

BLC reserves the right not to use anything submitted to the Website and you acknowledge that BLC is under no obligation to you regarding your use of the Website.You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

You are expressly and emphatically restricted from all of the following:

  • Making all arrangements necessary for You to have access to the Site.
  • Ensuring that all persons who access the Site through Your internet connection are aware of these Terms of Use and comply with them.

Certain areas of this Website are restricted from access by you and BLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Site that all the information You provide is correct, current and complete. You agree that all information You provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by Our Privacy Policy available at www.bucketlist.club/home/privacy, and You consent to all actions We take with respect to Your information consistent with Our Privacy Policy.

If You choose, or are provided with, a user name, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Site or portions of it using Your user name, password or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms of Use.

Ownership The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are proprietary to Licensor and affiliates, its licensors or other providers of such material are protected under applicable United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All right(s), title(s) and interest(s) in and to the Site, including all copies thereof, shall remain with Licensor, Licensor’s affiliates, and its licensors. This Agreement does not constitute a sale of the Site, but only conveys to You a limited right to use the Site in accordance with the terms of this Agreement. Licensor and its licensors own and retain all worldwide rights, title, copyright and other interests, in and to the Site including, without limitation, all source code, object code, executable code, libraries and audio, video, text, and graphical representation (screen layout). The Site is protected by copyright laws and other international treaty provisions. Therefore, You must treat the Site like any other copyrighted material, subject to the provisions of this Agreement.

BUCKET LIST CLUB, the BUCKET LIST CLUB logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Licensor or its affiliates or licensors. You must not use such marks without the prior written permission of the Licensor. All other names, logos, product and service names, designs and slogans in the Site are the trademarks of their respective owners.

License Grant and Termination When You properly obtain and maintain the Service from Licensor or its authorized distributors, You are granted a limited, revocable, nonexclusive, nontransferable license to use the Site in object code (electronic) form only, for personal purposes only, in connection with the Service so obtained, contingent on Your compliance with the terms of this Agreement. No proprietary notices in or on the Site shall be altered or removed.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, store or transmit any portion of the Site. If You print, copy, modify, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, Your right to use the Site will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made. No right(s), title(s) or interest(s) in or to the Site or any content on the Site is transferred to You, and all rights not expressly granted are reserved by the Licensor. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

You may not, without Licensor’s prior written consent or as otherwise expressly authorized under this agreement:

  • Use, copy, modify, reconfigure, divide, sublicense or distribute the Site or related materials;
  • Relicense, sublicense, rent, lease or lend the Site or related materials or use the Site or related materials for third-party training, hosting, or time sharing;
  • Remove or modify from the Site or related materials any markings or any notice of Licensor or its licensors’ proprietary rights;
  • Make the Site or related materials available in any manner to any third party for use in the third party’s business operations;
  • Cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Site (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by the Site);
  • Disclose results of any program benchmark tests; or
  • Re-host or use the programs or related materials on equipment, operating systems or a platform other than the approved equipment.

Additionally You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Licensor, Licensor’s employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Us, may harm the Licensor or users of the Site or expose them to liability.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

All rights in the programs and related materials not expressly granted in this agreement are reserved or retained by Licensor. No right or license exists, is granted or conferred or may arise by implication or estoppel.

Your right to use the Site shall terminate, and/or Licensor may at its option suspend or deactivate Your use of the Site, upon Your failure to comply with any term or condition of this Agreement, any unlawful use of the Site, or any abusive conduct involving the Site that is outside the normal contemplated use thereof.

All terms in the sections entitled “Limited Warranty and Disclaimer” and “Limitations” shall survive termination of the licenses granted herein.

Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Licensor’s Designated Agent at ecampbell@dunlapcodding.com.

You may use the below information to submit Your notice of copyright infringement. The easiest way to submit Your notice is by e-mailing Your notice.

Service Provider: Bucket Technology, LLC

Name of Agent Designated to Receive Notification of Claimed Copyright Infringement: Emily Campbell

Full Address of Designated Agent to Which Notification Should be Sent: 609 W. Sheridan, OKC, OK 73102

Telephone Number of Designated Agent: (405) 607-8600

Facsimile Number of Designated Agent: (405) 607-8686

Email Address of Designated Agent: ecampbell@dunlapcodding.com

To be effective, the Notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the work claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. 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 owner, its agent, or the law; and
  6. 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.

Licensor enforces reserves the right to terminate any User of the Site who are repeat infringers.

Activation and Use Terms

  • Remote Access. The single primary user of each Licensed Device designated for the Service has permission to access from any other device. You may also allow other users to access the Site to provide You with support services. The Site may not be accessed or used by other persons or for other purposes under the same license at the same time.
  • Trial and Conversion. Versions of the Site in some cases may be licensed on a trial basis. Your rights to use trial versions of the Site software are limited to the trial period. In such a case, the trial version and the duration of the trial period will be indicated during the activation process. You may have the option to convert Your trial rights to a full license by following the instructions given to You. It is Your responsibility to adhere to the limitations on use of trial versions of the Site.
  • Mandatory Activation. Activation associates the use of the Site with the Service and the licensed devices designated for the Service. During activation, the Site may send information about the Site and Your device to Licensor or its designees. This information may include the version or model of Your device, the license version and the product ID of the software offered on the Site, Internet protocol address of the device and information derived from the hardware configuration, including unique identifiers of the hardware, firmware, or operating system. BY USING THE SITE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION AND TO THE USE OF THAT INFORMATION BY LICENSOR OR ITS DESIGNEES FOR PURPOSES OF THIS AGREEMENT.
  • Validation. The Site may from time to time be subject to validation procedures employed by Licensor or its designees. Validation verifies that the Site has been activated and is properly licensed. Validation in some cases also may permit You to use certain features of the Site or to obtain additional benefits. During a validation check, the Site will send information about the software to Licensor or its designees. This information may include the version of the software available on the Site in use and the product key. BY USING THE SITE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION AND TO THE USE OF THAT INFORMATION BY LICENSOR OR ITS DESIGNEES FOR PURPOSES OF THIS AGREEMENT. If the Site fails the validation for any reason, the functionality of the software may be affected. For example, You may then need to reactivate the software to continue use.
  • Consent for Internet-Based Services. Licensor provides Internet-based services with the software. Additional software features of Licensor or other service providers may be provided via the Internet. In some cases, You will not receive a separate notice when they connect. You may switch off these features or not use them if You so choose. For more information about these features, contact technical support. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF SALES, PAYMENT PROCESSING, LICENSOR, EMPLOYEE AND CUSTOMER INFORMATION AND TO THE USE OF THAT INFORMATION BY LICENSOR OR ITS DESIGNEES FOR PURPOSES OF THIS AGREEMENT.
  • Computer Information. Certain features associated with the Site or the Service use Internet protocols that send to the appropriate systems computer information, such as Your Internet protocol address, the type of operating system, browser and name and version of the software You are using, and the language code of the device where You installed the software, and most importantly, data. Licensor or its designees use this information to make the Internet-based services available to You. The information collected may include swipe (data uploads, data and software downloads, payment processing, validation, etc.), remote data access, customer feedback system.
  • Collection and use of Personal Information. Based on your preference settings, by entering Your personal information, such as First Name, Last Name, Phone Number, Email or other such information, You agree that Licensor and its designees may use that information for marketing purposes, including but not limited to, contacting You directly for services, or passing Your information on to third parties for marketing of related services or products. Please review the Privacy Policy at www.bucketlist.club/home/privacy for further information.

Third Party SoftwareUse of some third party materials included in or required for operation of the Site may be subject to other terms and conditions provided by a third party Licensor. Such other terms and conditions are effective and shall apply solely between You and the named third party Licensor or licensor that supplies such third party materials. Licensor is not responsible for such terms and conditions or their performance or non-performance, whether by the named third party Licensor or Licensor, or by You.

If software identified as “open source software” or “freeware” is listed as third party materials, Your license or rights in such software is not provided by Licensor and instead shall be established directly between You and the third party owner or licensor of that software in accordance with its terms and conditions. Unless otherwise indicated by Licensor, such software is considered to be separate and distinct (in programming, operation and for legal purposes) from the Site provided by Licensor, and You may exercise Your rights in such software independent of the Site and the terms of this Agreement applicable to the Site.

Limited Warranty and DisclaimerYou understand that Licensor cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.

Licensor will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Site or Services or items obtained through the Site or to Your downloading of any material posted on it, or on any site linked to it.

The Site licensed herein is licensed “as is” and neither licensor nor its representatives or distributors makes any representations or warranties of any kind, express or implied, as to the Site, its use, or the results of such use. All warranties and conditions of any kind, past or present, whether statutory, common-law or from a course of dealing or usage of trade, including, without limitation, implied warranties of title or non-infringement of third party rights, merchantability or fitness for a particular purpose, are hereby expressly disclaimed to the fullest extent permitted by law.

Without limiting the foregoing, Licensor does not warrant or represent that the operation of the Site will be uninterrupted or error-free, or that any defect within the Site will be corrected. Furthermore, Licensor does not warrant or make any representation regarding the results of Your use of the Site in terms of capability, correctness, accuracy, reliability or otherwise, or that the Site will meet Your requirements, or that the Site is secure. No presentation, specimen, oral or written information or advice given by Licensor or any representative of Licensor shall create a warranty.

Maintaining Operating System: Licensor cannot be responsible for the performance or maintenance of the computer or mobile-device’s operating systems (Windows, Linux, Mac OS, iPhone OS, Android, or other) that You employ. This includes bugs, viruses, spyware and other malware. Your operating system requires occasional security patches, updates, and service packs. You need to ensure that whenever possible it is set to update automatically and that it is receiving and installing updates and other maintenance releases. We also recommend that You install antivirus software where possible.

Third party software and hardware: Licensor cannot be responsible for other software installed on the system by the end user. Common examples include applications (apps); email, office, publishing and accounting software, antivirus software, etc. We also cannot be responsible for any hardware, whether it was purchased from Us or not. The reliability, security, and warranty of hardware is between You and the hardware manufacturer. Providing support to hardware or software not created by Us puts Us in a position of being responsible if it fails. We cannot accept this responsibility.

Limitations As the user of the Site, You are solely responsible for the selection of the Site to achieve Your intended results, for the use made of the Site, and for the results obtained from the Services and the Site. In addition, You are solely responsible for selection of appropriate equipment, including the Service. You agree to follow the instructions contained in the Site or materials provided from time to time in connection with the Site, for use of the Site.

IN NO EVENT SHALL LICENSOR, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (THE “LICENSOR PARTIES”) BE LIABLE FOR ANY LOSSES, INJURIES OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITE, ANY SITE OR APP LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, TO ANY PERSON OR ENTITY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, MULTIPLE, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER) ARISING OUT OF OR RELATING TO ANY USE, INABILITY TO USE, CONDITION, PERFORMANCE, DEFECT OR FAILURE IN, OR IMPROPER USE OF, THE SITE OR THE RESULTS OF THE SITE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOOD WILL, LOSS OF DATA, LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, OR DAMAGES FOR LOST OR CORRUPTED DATA), EVEN IF THE LICENSOR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to You. The limitations provided in this Agreement are intended to apply to the fullest extent allowable under applicable law.

You release and waive all claims against the Licensor, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing, from any and all claims, damages, liabilities, costs and expenses arising out of Your use of the Site. If You are a California resident, You waive any rights You may have under § 1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You agree to release unknown claims and waive all available rights under California Civil Code § 1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of the Licensor Parties.

Export You acknowledge that the software available on the Site may be subject to restrictions and controls imposed by the United States Export Administration Act (the “Act”) and the regulations thereunder. You agree and certify that neither the software available on the Site nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purposes prohibited by the same.

Verification Upon the request of Licensor or its designee, You agree to provide to Licensor promptly upon Licensor’s request a certificate that provides such information as Licensor may request regarding Your use of the Site and related materials in order to allow Licensor to verify compliance with this Agreement.

You agree to create, retain and provide to Licensor and its auditors accurate written records, system tool outputs, and other system information sufficient to provide auditable verification that Your use of the Site and related materials is and has been in compliance with this Agreement, including, without limitation, all of Licensor’s applicable licensing and pricing terms, and compliance with Licensor’s intellectual property rights. You agree to run scripts and tools requested by Licensor and to report the results thereof to Licensor as part of such verification.

Upon reasonable notice, Licensor or its designee shall be entitled to verify Your compliance with the terms of this Agreement for all environments in which You or anyone acting on Your behalf uses the Site or related materials. Each party shall be responsible for its own costs and expenses incurred in connection with the verification. In such verification, You will give Licensor access to the personnel, resources and facilities of You, Your affiliates and Your contractors, including the right to inspect all copies of the Site and related materials in Your or their possession or use. Licensor or its designee may use an independent auditor to assist with such verification, provided Licensor has a written confidentiality agreement in place with such auditor.

Licensor will notify You in writing if any such verification indicates that You, Your affiliates, or Your contractors have used any Site or related materials in excess of its authorized use or are otherwise not in compliance with this agreement. You agree to promptly pay Licensor any charges that Licensor specifies in an invoice for: (a) any such excess use, and (b) any additional charges and other liabilities determined as a result of such verification.

Miscellaneous This Agreement shall be construed in accordance with the laws of the State of Oklahoma.

You agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Oklahoma, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Notwithstanding the foregoing, Bucket Technology, LLC., may seek a temporary or permanent injunction (or other equitable relief), and file the necessary underlying suit, in any court having jurisdiction over the parties anywhere in the world as necessary to protect Bucket Technology, LLC’s intellectual property or other proprietary rights.

This Agreement may not be altered or amended except by a written document signed by an authorized officer of Licensor.

If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties and the remainder of this Agreement shall remain in full force and effect.

This Agreement constitutes the entire agreement between You and Licensor with respect to the Site and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral, regarding the Site.

Licensor may modify the Site at any time for any reason.

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: assist@bucketlist.club.