iBucketList Terms of Use

The service "iBucketList.com" is offered over the internet by the company iBucketList (registered trade name of Ementes at the Chamber of Commerce: 60030410). The use of iBucketList is connected to the following conditions. By using iBucketList.com, you agree to these conditions.

Deviations from these Terms of Use are only binding if accepted in writing by iBucketList.

Article 1. Use of the service

1.1          iBucketList.com gives you the opportunity to publish a profile of yourself, to add Bucket List items as 'to do' or 'done', to upload or add photos and videos, to add reviews and comments and to contact other users.

1.2          To (fully) use iBucketList.com, you must register first. Once your registration is completed, you can directly login to your account and use the service.

1.3          You must take appropriate measures through your username and password to protect your account from unauthorised use. In particular, you must keep the password secret. iBucketList may assume that everything that happens from your account after login with your username and password, is under your direction and control. So you are liable for all these transactions, unless you have reported to iBucketList that someone else knows your password.

1.4          iBucketList processes your personal data. You consent to any form of processing that falls within the scope of the service. Consult the privacy statement of iBucketList for more information.

Article 2. Use policy

2.1          It is forbidden to use iBucketList for acts that are contrary to the Dutch or any other applicable laws and regulations. This will include the storing or distribution of information through the service that is defamatory, libellous or racist, and the creation of profiles under someone else's name or otherwise occurring as another person, or as an administrator/moderator of iBucketList.

2.2          It is also prohibited by iBucketList to

•             use indecent language;

•             place information in places where it is undesirable (offtopic);

•             disseminate information that is pornographic or erotic (even if it is legal in itself);

•             disseminate information in violation of copyright, or to place hyperlinks to such information;

•              assist others in violating the rights of third parties, such as linking to hack tools or explanation about computer crime that is intended to enable the reader to commit the specified criminal conduct and not be able to defend themselves;

•              violate the personal privacy of third parties, for example, by distributing third parties personal data without necessity or permission or repeated harassment of third parties through these unsolicited communications;

•              to deploy for commercial purposes, unless this is done through 'Packages' for business;

and further all that is contrary to the netiquette.

2.3          If iBucketList ascertains that you violate the above terms, or receives a complaint about this, iBucketList may take action to rectify the breach.

2.4          If in the opinion of iBucketList nuisance, damage or other hazards arise for the operation of the computer system or the network of iBucketList or third parties and/or the services provided via the Internet, in particular by excessive sending of e-mail or other data , leaks of personal or activities of viruses, Trojans and similar software, iBucketList is entitled to take all measures it considers reasonably necessary to avert or prevent this danger. iBucketList is thereby especially entitled to adjust your contribution to it’s own discretion.

2.5          iBucketList is always entitled to report observed offences. Furthermore iBucketList is entitled to provide your name, address, IP address and other identifying information to a third party who complains that you are infringing on his rights or these terms and conditions, provided that the accuracy of the complaint is reasonably plausible enough, there is no other way to get this information and the third has a clear interest in the issuing of the data.

2.6          iBucketList can charge you due to damage incurred by violations of these conducts . You indemnify iBucketList of all third-party claims related to information placed by you.

Article 3.  Availability and maintenance

3.1         iBucketList spant zich in om de dienst beschikbaar te laten zijn, maar garandeert geen ononderbroken beschikbaarheid.

3.2         iBucketList onderhoudt iBucketList actief. Indien onderhoud naar verwachting leidt tot een beperking van de beschikbaarheid, zal iBucketList dit uitvoeren als het gebruik van de dienst relatief laag is. Onderhoud wordt zo mogelijk vooraf aangekondigd. Onderhoud in verband met calamiteiten kan op ieder moment plaatsvinden en wordt niet vooraf aangekondigd.

3.3         iBucketList mag van tijd tot tijd de functionaliteit van iBucketList aanpassen. Daarbij zijn uw feedback en suggesties welkom, maar uiteindelijk beslist iBucketList zelf welke aanpassingen zij al of niet doorvoert.

Article 4. Intellectual property

4.1          The service iBucketList, associated software and all information and images on the website is the intellectual property of iBucketList or have been licensed. This may not be copied or used in any way without separate written consent of iBucketList and/or relevant licensors, except in cases where it is legally permitted.

4.2          Information that you post or store through the service is and will remain your property (or that of your suppliers). iBucketList has a license to use this information for the service and everything that goes with it, including advertising statements about the service.

4.3          The license of the previous paragraph is given for an indefinite period and can not be withdrawn. The right of use continues after termination of the agreement. In exceptional cases where there is an overriding interest against continued use of the information, iBucketList may decide to modify or remove this license.

4.4          It is not possible to adapt or delete (certain) information after placement.

4.5          If you send information to iBucketList, such as feedback about an error, or have a suggestion for improvement, you give her an unlimited and perpetual license to use this information for the service. This does not apply to information that you mark explicitly as confidential.

4.6          iBucketList will not take cognisance of data that you identify as "private data" and save and/or distribute via iBucketList, unless it is necessary to provide good service or iBucketList is legally bound by law or a court order. In that case iBucketList endeavours to minimise cognisance of the data, as far as this lies within its power.

4.7          If iBucketList finds that your contributions are taken over by third-party sites, combined with contributions from others, iBucketList is authorised to act in judicial proceedings in its own name or on behalf of you against this. All costs are, in that case, for iBucketList but you should, if necessary, cooperate with this. This clause does not forbid you to publish your contribution elsewhere, it is only to occur against the acquisition of (substantially) all contributions of iBucketList.

Article 5. Fee for the service

5.1          There is a fee attached to the use of certain functionalities on iBucketList. You will be advised on the costs concerning relevant functionalities. The fee is, optionally, per month or per year, payable in advance.

5.2          Payment can be made by direct debit, by transferring the amount to the bank account of iBucketList or Ementes or by iBucketLists designated 'Payment Service Provider', via iDeal, via PayPal, credit card, PayPal, or according to the payment instructions on the website . Payment options can be adjusted or limited at any time.

5.3         Because the service is delivered directly, ie on your explicit request, it is not possible to make a payment undone by invoking the Dutch Distance Selling Act ('Wet koop op afstand').

Article 6. Liability

6.1          Except in cases of intent or gross negligence, the liability of iBucketList is limited to the amount you paid in the three months prior to the time of the harmful event.

6.2          iBucketList is explicitly not liable for indirect damages, consequential damages, lost profits, lost savings and damage due to business interruption.

6.3          The condition for the existence of any right to compensation is that the damage is reported in writing within two months after discovery to iBucketList.

6.4          In the event of force majeure iBucketList is never obliged to pay compensation for the damage caused thereby to you. Force majeure shall include, but is not limited to, malfunction or breakdown of the Internet, the telecommunications infrastructure, power failures, civil commotion, mobilisation, war, traffic jams, strikes, lockouts, business interruptions, supply delays, fire and flood.

Article 7. Duation and termination

7.1         This Agreement is effective as soon as you use the service for the first time and runs indefinitely.

7.2          If you as a consumer enter into the agreement, you may terminate the agreement at any time with a notice period of one month before the date of termination. Business customers can always terminate with a notice period of two months before the end of a contract period.

7.3          iBucketList may terminate the agreement if you have not made use of the service during eighteen months. They will in that case first send a reminder email to the email address associated with your account.

Article 8. Amendments prizes and conditions

8.1          iBucketList has the right to adjust these conditions as well as the prices at the beginning of a new payment period (as defined in 5.1).

8.2          iBucketList will announce the amendments or supplements at least thirty days prior to entry into force through the service so that you can take note of it.

8.3          If you do not wish to accept an amendment or supplement, you may cancel the agreement up until the date of entry into force. Use of the service after the effective date shall be deemed acceptance of the amended or supplemented terms.

Article 9. Other terms

9.1          This agreement is governed by Dutch law.

9.2          To the extent that the mandatory law does not stipulate otherwise, all disputes relating to iBucketList will be submitted to the competent Dutch court for the district in which iBucketList is located.

9.3          If any stipulations of these terms of use requires a communication "in writing" to be done, this is also satisfied if the communication is done by e-mail or communications through the service are provided, as long as it is sufficiently established that the message is truly received from the alleged sender, and that the integrity of the message is not affected.

9.4          The version of communication or information as stored by iBucketList is deemed to be correct unless evidence to the contrary is provided in this regard.

9.5          If any stipulation of these Terms of Use is found to be invalid, this will not affect the validity of the whole terms of use. The parties shall in this case determine (a) new stipulation(s) as a replacement, which as far as legally possible formalises the intent of the original stipulation.

9.6          iBucketList is entitled to assign its rights and obligations under the contract to a third party that takes over iBucketList or the business activities concerned.