Last updated: August, 9 2014
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
MyBucketListing regards the licensed innovation privileges of others and is focused on helping third parties ensure their rights. Our Statement of Rights and Responsibilities restricts users from posting content that abuses an alternate party's licensed innovation rights. When we receive a legitimate notice of IP encroachment, we immediately terminate access to the infringing content. We additionally cancel the account of repeat infringers in suitable circumstances.
User Content, Trademark and Copyright
Trademark protects the brand names and logos used to identify companies and their products. MyBucketListing, LLC permits you to post content, including media such as photos. All data, images and other information you post is referred to as User Content. You retain all rights for the User content and are solely responsible for what you post.
By making this User Content on MyBucketListing.Org available you grant MyBucketListing, LLC and it’s users the non-exclusive, transferrable and royalty-free rights to use, store, re-post, display, modify and reproduce your User Content on MyBucketListing.Org. We reserve the right to remove User Content for any reason, including for the reason of that we believe it violates our Terms and Conditions.
MyBucketListing, LLC respects the Trademark rights of others. User accounts with content that violates another Trademark may be changed or permanently suspended.
Community Payments Terms
If you are under the age of eighteen (18), you may utilize MyBucketListing Payments just with the contribution of your guardian or lawful guardian. You ought to survey these Terms with your parent or guardian as to make sure you understand all rights and obligations.
Completing items on your Bucket List can be dangerous and may encourage you to participate in risky activities. Completing the items on your Bucket List you may risk bodily injury or death. Be sure to check all variables, including weather, your health and fitness level as well as activity experience and other factors that may come into play. You assume all risks associated with completing items on your bucket list associated with our services and or posted on MyBucketListing.Org and agree to release and hold harmless MyBucketListing, LLC and owners and whose property you complete your tasks, and community members who serve as reviewers, translators, moderators and participants in group Bucket Listings and administrators from any liability for injury or loss suffered by you through the use of our services to the fullest extent permitted by applicable law.
If you use our products and services for commercial use in violation of our terms as determined by our sole and absolute discretion you agree to indemnify and hold harmless MyBucketListing, LLC, its owners, officers, directors, employees, agents and affiliates from and against any claims, law suits, disputes, liabilities, damages, losses, expenses and costs. Including and without limitation reasonable legal and accounting fees, including cost of defense of claims, law suits or proceedings brought on by third parties in any way related to your use of our products, your User Content or breach of any of our terms.
1. Making Purchases
When you make a purchase utilizing any of the MyBucketListing Payment Methods, you consent to give a valid funding instrument. When you have finished this transaction, we will then deliver the content you wish to buy.
Please make sure you verify the details of the transaction. Your total price may include taxes and other charges, every one of them are your obligation.
If you buy a membership to an advertisement, we will bill you immediately, and afterward again at the start of every membership period. The accompanying terms apply for subscriptions obtained through MyBucketListing:
If a free trial period is offered and you do not cancel throughout the free trial period, you will be charged at the end of the free trial period and at the start of every subsequent subscription period.
You can cancel subscriptions anytime on your Account Settings page.
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH MYBUCKETLISTING.ORG
2. Payment Methods
Payment Methods. We want to make MyBucketListing Payments convenient, so we allow you to fund your transactions using a number of different sources, like credit cards and debit cards and PayPal.
When you give a financing instrument to us, you affirm that you are allowed to use that funding instrument. When you subsidize a transaction, you approve us (and our assigned payment processor) to charge the full amount to the financing instrument you assign for the transaction. You likewise approve us to gather and store that funding instrument, alongside other related transaction data.
Approval. In the event that you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for a sum, which may be as high as the full amount of your purchase. We will charge your card at the time you charge for the transaction, or shortly after. In the event that you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being promptly available to you.
Failed funding. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you will be solely responsible for that fee.
3. Some actions we may choose
At-will use. We may revoke your eligibility to use MyBucketListing at any time at our sole discretion.
By purchasing advertisement or any other services on MyBucketListing, you agree that we may make any inquiries that we consider important, either specifically or through outsiders, concerning your identity and creditworthiness.
Right to cancel. We may cancel any transaction if we believe the transaction violates the Terms or the Statement of Rights and Responsibilities, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.
Sharing of data. To prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected outsiders and share details of interest of any payments you are connected with, in the event that we think doing so may avoid monetary loss or a violation of the law.
Abandoned Property. If you leave a Balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a Balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your Balance to the appropriate governing body as required by law.
4. Disputes and Reversals
No liability for spend transaction. All funding transactions are final unless required by law.
Duty to notify us. If you believe that an unauthorized or otherwise unapproved transaction has occurred in your account, you agree to notify us immediately. Unless you submit the case to us inside 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us emerging out of or generally related to the transaction.
5. Provisions Applicable to Advertisers
Consent to pay. When you purchase advertising or promoted posts on or through MyBucketListing, you consent to pay all amounts specified in the request, alongside any applicable taxes.
Security. You are in charge of keeping up the security of your advertising account, and you understand that you will be charged for any orders placed through your advertising account.
Cancelation. You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads.
Tax liability. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
Delinquent accounts. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
6. Notices and Amendments to These Terms
Notice to you. By using the MyBucketListing Payments service, you agree that we may communicate with you electronically any important information regarding your purchases or your account. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
Notice to us. Except as otherwise stated, you must send notices to us relating to MyBucketListing Purchases and these Terms by postal mail to: MyBucketListing, LLC. 1015 S. Val Vista Dr. #51, Mesa AZ, 85204
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") are our terms of service that oversees our association with clients and other people who collaborate with MyBucketListing. By using or accessing MyBucketListing, you consent to this Statement. Additionally, you will find resources at the end of this document that help you understand how MyBucketListing works.
Limitation and Liability
WE TRY TO KEEP MYBUCKETLISTING UP-TO-DATE, BUG-FREE, AND SAFE. YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MYBUCKETLISTING AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MYBUCKETLISTING WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT MYBUCKETLISTING WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. MYBUCKETLISTING IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MYBUCKETLISTING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MYBUCKETLISTING WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MYBUCKETLISTING'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
MyBucketListing Advertising Guidelines
At MyBucketListing, we want ads to contribute to the overall user experience. The following guidelines are not intended to serve as legal advice and adherence to these guidelines does not necessarily constitute legal compliance. Advertisers who are using our services, are responsible for guaranteeing that their ads comply with all applicable laws, statutes, and regulations.
Statement of Rights and Responsibilities
The Ad Guidelines, as well as our Statement of Rights and Responsibilities, apply to all ads and commercial content (“ads”) provided by or appearing on MyBucketListing.
Advertising appearing within applications on MyBucketListing Platform must comply with all Policies.
It is against our policy for Ads to contain false, misleading, fraudulent, or deceptive claims or content.
II. Data and Privacy
No data of any kind collected, derived or obtained from or in connection with a MyBucketListing ad and MyBucketListing users’ interaction with a MyBucketListing-served ad may be received or used by an entity not acting on behalf of a MyBucketListing advertiser.
You may not use MyBucketListing advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis to assess the performance and effectiveness of your MyBucketListing advertising campaigns. In no event may you use MyBucketListing advertising data, including the targeting criteria for a MyBucketListing ad, to build or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
You are allowed to use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines.
You may not directly or indirectly transfer or sell any data to, or use such data in connection with any ad network, ad exchange, data broker, or other party not acting on behalf of an advertiser and the advertiser’s MyBucketListing advertising campaigns. By indirectly we mean you cannot, for example, transfer data to a third party who then transfers the data to an ad network.
III. Ad Creative and Positioning
All sections of an ad, including any text, images, or other media, must be appropriate to the product or service being offered and the audience viewing the ad. Ads cannot contain media such as flash animation that plays automatically without a user's interaction or expands within MyBucketListing after a user clicks on the ad. Ads may not position products or services in a sexually suggestive manner. Ads may not contain content that exploits political agendas or "hot button" issues for commercial use. Additionally, ad text must include proper grammar and the use of all symbols, numbers, or letters must adhere to the true meaning of the symbol.
Ads must clearly represent the company, product, service, or brand that is being advertised. Products and services promoted in the ad copy must be clearly represented on the landing page, and the destination site may not offer or link to any prohibited product or service. Additionally, ads may not suggest false relevancy to generic offers.
Ads may not imply, directly or indirectly, within the ad content a user's personal characteristics within the following categories:
Race or ethnic origin;
Sexual orientation or sexual life;
Disability including physical or mental health;
Membership in a trade union;
Ads must lead to a functioning landing page that does not interfere with a user's ability to navigate away from the page.
IV. Ad Content
Advertisers must guarantee that their ads consent to all pertinent laws, regulations and rules. All claims in ads must be satisfactorily substantiated. Ads should not offend other users. Ads and any offers promoted inside the ads cannot be false, beguiling or deceiving or contain spam. Ads must not contain or promote illegal products or services. Ads must not violate the rights of any third parties. The following specific content guidelines apply:
Unacceptable Business Model
Ads may not promote the sale or use of adult products or services, including but not limited to toys, videos, publications, live shows, or sexual enhancement products. Ads for family planning and contraception are allowed provided they follow the appropriate targeting requirements.
Ads that promote or reference alcohol are prohibited in the following countries: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, Norway, Pakistan, Russia, Saudi Arabia, United Arab Emirates, Yemen and any other jurisdiction where such ads are prohibited by law. Where permissible, ads that promote or reference alcohol must: (i) Comply with all applicable local laws, required or recommended industry codes, guidelines, licenses and approvals and (ii) apply age and country targeting criteria consistent with MyBucketListing's targeting guidelines and applicable local laws. Where a user's age or country cannot be determined, the ad must not be displayed to the user.
Ads for adult friend finders or dating sites with a sexual emphasis are not permitted. Ads for other online dating services are only allowed with prior authorization from MyBucketListing.
Drugs and Tobacco
Ads may not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products, or drug or tobacco paraphernalia.
Gambling and Lotteries
Ads that promote or facilitate online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker, are only allowed in specific countries with prior authorization from MyBucketListing. Lotteries run by government entities may advertise on MyBucketListing, provided that ads must be targeted in accordance with applicable law in the jurisdiction in which the ads will be served and may only target users in the jurisdiction in which the lottery is available.
Pharmaceuticals and Supplements
Ads must not promote the sale of prescription pharmaceuticals. Ads for online pharmacies are prohibited.
Ads that promote dietary and herbal supplements are generally permitted, provided they do not promote products containing anabolic steroids, chitosan, comfrey, dehydroepiandrosterne, ephedra, human growth hormones, melatonin, and any additional products deemed unsafe or questionable by MyBucketListing in its sole discretion.
Software Ads may not contain or link directly or indirectly to a site that contains spyware/malware downloads or any software that results in an unexpected, deceptive or unfair user experience, including but not limited to software which:
"Sneaks" onto a user's system;
Performs activities hidden to the user;
May alter, harm, disable or replace any hardware or software installed on a user's computer without express permission from the user;
Is bundled as a hidden component of other software whether free or for an additional fee;
Automatically downloads without MyBucketListing's express prior approval;
Presents download dialog boxes without a user's action;
May violate or infringe upon the intellectual property rights of any third party, including copyright, trademark, patent or any other proprietary right.
Unacceptable Business Model
Ads may not promote a business model or practice that is deemed by MyBucketListing in its sole discretion to be unacceptable or contrary to MyBucketListing's overall advertising philosophy or to any applicable law.
Ad Community Standards
Advertisement that receive a significant amount of negative user feedback, or are otherwise deemed to violate our community standards, are prohibited and may be removed. In all cases, MyBucketListing reserves the right in its sole discretion to determine whether particular content is in violation of our community standards.
Ads may not constitute, facilitate or promote illegal activity.
Ads may not insult, attack, harass, bully, threaten, demean or impersonate others.
Advertisements are not allowed to contain "hate speech," of any kind or any category. These categories include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language.
Ads that are targeted to minors may not promote products or services that are illegal for use by minors in their jurisdiction, or that are deemed to be unsafe or inappropriate.
Ads may not contain adult content, including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
Ads may not be shocking, sensational or disrespectful, or portray excessive violence.
Rights of Others
Ads may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
We reserve the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy.
These guidelines are subject to change at any time.