The service "iBucket" is offered over the internet by iBucket, a company registered in the Netherlands (63010682). The use of iBucket is subject to the below terms and conditions. Using iBucket constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by iBucket.
Article 1. Use of the service
- The service iBucket allows you to publish a profile for yourself, participate in online discussions and get in contact with other users. iBucket does not actively assist in doing so but does moderate to ensure the service is used legally and appropriately.
- To use iBucket, you first need to register. After completing registration, you can directly log into your account and use the servce.
- You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. iBucket may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified iBucket that someone else knows your password.
- iBucket processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of iBucket for more information.
- It it is not permitted to use iBucket for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist, or to create profiles on iBucket under the names of other people or to pretend to be another person, or a moderator/maintainer of iBucket.
- In addition, on iBucket it is forbidden to
• use indecent language;
• publish information where it is unwanted (offtopic);
• publish information that is pornographic or erotic (even if legal under applicable law);
• publish information in violation of copyright or hyperlinks to such information;
• assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);
• violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
• exercise commercial activities;
and to do anything that violates applicable netiquette.
- Should iBucket discover that you violate any of the above, or receive a complaint alleging the same, then iBucket may intervene to end the violation.
- If in the opinion of iBucket the continued functioning of the computer systems or network of iBucket or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, iBucket may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. iBucket in particular is entitled to change your contributions at its own discretion.
- iBucket is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
- iBucket guarantees availability of the service 99,9% of the time.
- iBucket actively maintains iBucket. In case maintenance is reasonably expected to negatively impact availability, iBucket carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
- iBucket may from time to time adapt iBucket. Your feedback and suggestions are welcome but ultimately iBucket decides which adaptations to carry out (or not). iBucket shall announce planned adaptations at least thirty days in advance.
- The service iBucket, the accompanying software as well as all information and images on the website is the intellectual property of iBucket. None of these items may be copied or used without prior written permission of iBucket, except and to the extent permitted by mandatory law.
- Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). iBucket receives a limited license to use this information for the service.
- You can terminate the license of the previous clause by removing the information in question and/or to terminate the agreement.
- You may change or remove information you publish or store using the service at your own discretion.
- If you send information to iBucket, for example a bug report or suggestion for improvement, you grant iBucket a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
- iBucket shall refrain from accessing data you store or transfer using iBucket, unless this is necessary for a good provision of the service or iBucket is forced to do so by law or order of competent authority. In these cases iBucket shall use its best efforts to limit access to the information as much as possible.
- iBucket is offered completely at no charge.
- Except in case of intentional misconduct or gross negligence iBucket shall not be liable for the use of the service or any damages in connection therewith.
- iBucket in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
- Damages may only be claimed if reported in writing to iBucket at most two months after discovery.
- In case of force majeure iBucket is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
- This agreement enters into force as soon as you first use the service and then remains in force until terminated.
- If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
- iBucket is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event iBucket shall first send a reminder mail to the e-mail address connected to your account.
- iBucket may change or add to these terms and conditions as well as any prices at any time.
- iBucket shall announce through the service changes or additions at least thirty days before their taking effect.
- If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of iBucket after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
- Dutch law applies to this agreement.
- Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with iBucket shall be brought before the competent Dutch court for the principal place of business of iBucket.
- For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the iBucket service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
- The version of any communication of information as recorded by iBucket shall be deemed to be authentic, unless you supply proof to the contrary.
- In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
- iBucket is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of iBucket or the associated business activities.
End User License Agreement
Scope of the license
iBucket hereby grants to the legitimate acquirer of iBucket ("you") a usage right for this App. This license is personal. The App may be used only on the device onto which the App was downloaded and installed. The purpose of the App is to provide a social networking service, while users are of course free to use iBucket for any purpose within the boundaries of these terms and conditions and the law.
It is not permitted
- to decompile or reverse engineer the source code of the App, except to the extent permitted by mandatory law or applicable open source license;
- to supply copies of the App to third parties;
- to sublicense the App or to make the App available to third parties, by rental, Software-as-a-Service constructs or otherwise;
- to modify the App, except to the extent permitted by mandatory law;
- to remove or make unreadable notices of iBucket as copyright holder of the App.
All rights to the App, accompanying documentation and all modifications and extensions thereto rest and remain with iBucket. You only acquire those rights and permissions that follow from this agreement or those that are granted separately in writing. You may not use, copy or publish the App except as permitted. The App contains open source software from third parties. Their respective rights holders grant you a usage right under the applicable open source licenses. These are included in the documentation. This end user license agreement does not apply to this open source software, and nothing in this end user license agreement shall be construed as limiting or contradicting any right granted to you under an applicable open source license.
The usage right is granted at no charge.
iBucket allows the making of purchases within the context of the App. To make such in-ap purchases, iBucket is dependent on the payment system operated by Apple’s Appstore, including the underlying payment systems from e.g. credit card processors. iBucket is only required to effectuate an in-app purchase when this payment system has confirmed payment. As to in-app purchases you acknowledge that there is no right to revoke or cancel the purchase under the Distance Selling Act. In-app purchases may have the purpose to extend the functionalities of the App. These upgrades are a one-time acquisition.
The App processes your personal data. For more information consult the privacy statement that can be found in the main menu of the App.
iBucket periodically releases updates that may fix bugs or improve the functioning of the App. Available updates shall be notified to you through notifications provided by Apple’s Appstore, but it is your responsibility to monitor these notifications. Updates are applied similarly through these platforms, which requires an active internet connection. Installing updates requires your separate consent. A proper application of upates requires the availability and good functioning ofApple’s Appstore, over which iBucket has no control. iBucket is not responsible or liable for an incorrect execution of updates. No liability exists for any damage as a result of bugs fixed in an update you did not install. An update can set terms additional to or different from the present document. You will be notified in advance and you will be allowed to refuse such updates. Installing such an update constitutes your acceptance of the additional or different terms, which shall then be incorporated into this agreement.
You are solely responsible for installing and activating the App and the accompanying Web service. You can provide feedback about the App via Apple’s Appstore, after which iBucket shall evaluate your feedback and contact you if necessary.
Guarantees and liability
iBucket guarantees that iBucket contains no viruses, backdoors or malicious routines; that iBucket violates no third-party rights (such as copyrights), excluding any violations arising out of a particular use of the App; it will use its best efforts to investigate any reported bugs as soon as is practical and to repair such bug or create a workaround( iBucket may delay repairing bugs with limited impact until the next planned update); but nothing else. Except in cases of intentional misconduct or gross negligence or the violation of a warranty granted above iBucket is not liable towards you, regardless of ground, for any damages in connection withiBucket. No liability exists in case damages were not reported timely after discovery to iBucket. In addition no liability exists if the cause of damage is beyond the control of iBucket (force majeure). The App communicates via the internet with a server under control of iBucket to provide the complete service. iBucket uses its best efforts to have this server available at all times, but makes no guarantees in this regard. From time to time iBucket can make updates to the server, which may lead to a temporary unavailability. iBucket will do its best to inform you in advance about unavailability. Everything in this document regarding updates, support and liability applies equally to the server. No liability exists for damages directly or indirectly resulting from incorrect functioning of Apple’s Appstore.
Term of the agreement
This agreement enters into force when you start use of the App and remains in force until terminated. The agreement may be terminated by both you and iBucket at any time by providing one month's notice. This agreement terminates automatically and immediately in case you enter into bankruptcy, apply for a suspension of payments, your assets are seized, you pass away, or in case you enter into liquidation, legal dissolution or winding-up. After termination of the agreement (regardless of reason) you must cease all use of iBucket. In addition you must remove all copies (including backup copies) of iBucket from all computer systems under your control.
Dutch law applies to this end-user license agreement. Unless dictated otherwise by mandatory law, all disputes arising in connection with this agreement shall be brought before the competent Dutch court for the principal place of business of iBucket. A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement. In such a case the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible. iBucket may assign its rights and obligations under this agreement to a third party that acquires the relevant business or the copyrights to iBucket from it.