Terms of Use

Welcome to Social Buckets. Social Buckets ("SocialBuckets.com", "us", "our" or "we") provides users with a number of services including without limitation search services, the ability to connect with information and people as well as any and all other features, content, or applications offered from time to time by Social Buckets, accessible through the SocialBuckets.com website and all linked pages owned and operated by Social Buckets (collectively the "Site") which are accessible through various devices and medium (collectively the "Social Buckets Services").


This Terms of Service Agreement (the "Agreement") sets forth the legally binding terms for your use of the Social Buckets Services. Use of the Site and/or the Social Buckets Services is also governed by our Privacy Policy, a copy of which is currently located here PRIVACY POLICY, which policy is hereby incorporated into this Agreement by reference. Whether you are simply browsing the Site or are a registered member of Social Buckets (in each and every case, a "User"), by accessing, browsing or using the Site, the Social Buckets Services or by otherwise accessing in any other manner the domain and sub-domains of www.SocialBuckets.com, all of which are owned and operated by Social Buckets, you agree to be bound by all of the terms and conditions of this Agreement, including, without limitation, the fact that each User who posts content on the Site and/or in connection with the Social Buckets Services, and not SocialBuckets.com, is legally the sole and exclusive author, publisher and/or speaker of such content, and therefore assumes any and all liability associated with said content (which liability may include a claim of defamation by another User or any other third party). See paragraph 5 below "Disclaimer of User Postings".


Before you may access or use the Site and/or any of the Social Buckets Services, you must read and agree to all of the terms and conditions of this Agreement, including any and all terms and conditions contained in agreements referenced to or linked herein. Please read this Agreement carefully as you are only authorized to access or use the Site and/or the Social Buckets Services (regardless of whether your access or use is intentional) if you agree to abide by this Agreement. If you do not wish to accept the terms and conditions of this Agreement, please exit the Site immediately and discontinue your use of the Social Buckets Services, if any. You hereby agree that your electronic acceptance of this Agreement has the same force and effect as if you had agreed to it in writing. Nevertheless, we suggest that you save or print a copy of this Agreement for your records before accessing or using the Site and/or any of the Social Buckets Services.


In order to participate in certain Social Buckets Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided for by the additional terms and conditions applicable to the Social Buckets Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement by reference.


Social Buckets reserves the right to modify the terms and conditions of this Agreement, in whole or in part, at any time without notice to Users, so please check them each time you access or use the Site and/or the Social Buckets Services. Any access to or use of the Site and/or the Social Buckets Services by you following the date on which Social Buckets implements changes to this Agreement shall constitute your unconditional acceptance of all such changes.


1. Eligibility. Access to and use of the Site and/or membership in the Social Buckets Services and/or the Social Buckets Services is void where legally prohibited. You must be 14 years of age or over to access and/or use the Site and/or become a registered member of Social Buckets and/or to use the Social Buckets Services. By accessing or using the Site and/or the Social Buckets Services, you represent and warrant to Social Buckets that (i) you are 14 years of age or older (ii) all personal and registration information that you submit to Social Buckets is truthful and accurate (iii) you will maintain the accuracy of such information (iv) you have the right, authority and capacity to enter into this Agreement, and (v) your access to or use of the Site and/or the Social Buckets Services does not violate any law or regulation in the jurisdiction in which you reside. YOUR PROFILE ON THE SITE MAY BE DELETED AND YOUR MEMBERSHIP IN SOCIALBUCKETS TERMINATED WITHOUT WARNING AND WITHOUT REFUND OF ANY MEMBERSHIP FEES OR OTHER MONIES PAID TO SOCIALBUCKETS IF SOCIALBUCKETS SUBSEQUENTLY DETERMINES THAT YOU ARE LESS THAN 14 YEARS OF AGE.


2. Your Account. To become a member in Social Buckets, you will be required to set up an account and to select a user name and password. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL USE OF YOUR SOCIALBUCKETS ACCOUNT. Social Buckets reserves the right to, among other things, and in its sole and entire unfettered discretion without liability whatsoever, to reject or refuse any User's registration, or attempt to register, as a member of Social Buckets, and once registered, to restrict, suspend or terminate such User's access to or use of the Site, all or any part of the Social Buckets Services and/or such User's Social Buckets accounts or membership at any time, for any or no reason, with or without prior notice to such User.


In setting up your Social Buckets account, you also agree to the following rules:
(a) You will provide complete and accurate information about yourself, and update such information in the future to keep it complete and accurate. Social Buckets reserves the right to immediately terminate your Social Buckets account upon written notice to you to this effect if you intentionally provide false or inaccurate personal information, as well as the right to pursue legal action against you for so doing if warranted under the circumstances;


(b) You will abide at all times by all of Social Bucket's rules regarding your access to and use of the Site and/or the Social Buckets Services. You understand, acknowledge and agree that (i) Social Buckets reserves the right to charge you for use of the Site and/or the Social Buckets Services and to change its fees and other charges for such service at any time and from time to time in its sole and entire unfettered discretion, and (ii) if Social Buckets terminates your Social Buckets membership because you have breached this Agreement, you shall not under any circumstances be entitled to the refund of any unused portion of your Social Buckets membership fees or to claim damages of any kind from Social Buckets;


(c) You will not use the Social Buckets account, username, or password of another Social Buckets member at any time, or disclose your password to any third party;

(d) You will not access or use the Site and/or any of the Social Bucket Services using a user name that is, contains or is substantially similar to, a trademark or service mark, or that incorporates words that are defamatory, vulgar, obscene, libelous, hateful, or racially or ethnically or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent the foregoing restrictions;


(e) You will not at any time transmit any content or other information appearing on the Site and/or in connection with the Social Buckets Services to another User or any other third party by way of a screen capture (or other similar method), nor will you display any such information or content in a frame or in any other manner that is different from how it would appear if such User or third party had typed the URL for the Site into the browser line;


(f) You will pay to Social Buckets when due all fees and charges incurred in connection with your Social Buckets account, including applicable taxes, in accordance with the billing terms that are in effect at the time the fees or charges become payable. You will also reimburse Social Buckets for all costs and expenses incurred by Social Buckets in collecting payments from you in connection with your Social Buckets account, including, without limitation, all bank and service charges and all reasonable attorneys' fees; and


(g) You will exit out of your Social Buckets account at the end of each session, and will immediately notify Social Buckets if you know of or suspect any unauthorized use of your Social Buckets account or access to your password.


3. Restricted use. The Site and/or the Social Buckets Services are for the personal use of Social Buckets members only, and may not be used in connection with any commercial endeavors except those that are specifically endorsed or authorized by Social Buckets in advance and in writing. Illegal and/or unauthorized access to or use of the Site and/or the Social Buckets Services, including, without limitation, the collection of usernames and/or e-mail addresses of Social Buckets members by electronic or other means (for example, by the sending spam, other types of unsolicited e-mails or the unauthorized framing of, or linking to, the Site) for commercial or any other purpose whatsoever is strictly prohibited. Accordingly, commercial advertisements, affiliate links, and other forms of solicitation may be removed from Social Buckets member profiles without notice and may result in termination of a User's Social Buckets membership privileges. LEGAL ACTION MAY BE TAKEN BY SOCIALBUCKETS AGAINST A USER FOR ANY ILLEGAL OR UNAUTHORIZED USE OF THE SITE AND/OR THE SOCIALBUCKETS SERVICES.


4. Your Conduct. We would like you to enjoy the Site and the Social Buckets Services. However, for your protection and that of all Users, the posting of certain content on the Site, as well as certain conduct in connection therewith and/or the Social Buckets Services, is strictly prohibited ("Prohibited Behavior"). If you engage in Prohibited Behavior, or Social Buckets determines in its sole and entire unfettered discretion that you are engaging in Prohibited Behavior, your Social Buckets membership and/or your access to or use of the Site and/or all or any part of the Social Buckets Services may be terminated immediately without notice to you or refund to you of any membership fees or other monies paid to Social Buckets.


In addition to the foregoing, legal action may be taken against you by another User or Social Buckets with respect to your having engaged in Prohibited Behavior.


Prohibited Behavior includes, but is not limited to, accessing or using the Site and/or all or any part of the Social Buckets Services to:


a. promote or disseminate information that you know is false, misleading or defamatory; b. conduct any unlawful or illegal activity, such as, but not limited to, any activity that furthers or promotes any criminal activity or enterprise, provides instructional information about making or buying illegal weapons, violates another User or any other third party's privacy or other rights or that creates or spreads computer viruses; c. harm minors in any way; d. transmit or make available any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, lewd, lascivious, filthy, excessively violent, hateful, or racially or ethnically or otherwise objectionable; e. transmit or make available any content that harasses, or that advocates the harassment of, another User or other third party; f. transmit or make available any content that exploits another User or any other third party in a sexual or violent manner; g. transmit or make available any content that contains nudity, violence, or offensive subject matter or contains a link to an adult website; h. solicit personal information from another User or any other third party under the age of 18; i. provide any telephone numbers, street addresses, last names, URLs or e-mail addresses; j. transmit or make available any content that contains any restricted or password only access pages or hidden pages or images; k. solicit passwords or personal identifying information for commercial or unlawful purposes from another User or any other third party; l. make, solicit or promote any sales or commercial activity, such as, but not limited to, contests, sweepstakes, barter or advertising without Social Buckets' express prior written endorsement or authorization; m. transmit or make available any content that contains includes a photograph of another User or any other third party without that person's consent; n. transmit or make available any content that the User does not have a right to make available under any law or contractual or fiduciary relationship, including without limitation, any content that infringes a third party's copyright, trademark or other intellectual property and proprietary rights; o. transmit or make available any content or material that contains any software virus or other computer or programming code (including HTML) designed to interrupt, destroy or alter the functionality of the Site, its presentation or any other website, computer software or hardware; p. interfere with, disrupt or reverse engineer the Site and/or all or any part of the Social Buckets Services in any manner, including, without limitation, intercepting, emulating or redirecting the communication protocols used by Social Buckets, creating or using cheats, mods or hacks or any other software designed to modify the Site and/or all or any part of the Social Buckets Services, or using any software that intercepts or collects information from or through the Site and/or all or any part of the Social Buckets Services; q. retrieve or index any information from the Site and/or all or any part of the Social Buckets Services using any robot, spider or other automated mechanism; r. participate in any activity or action that, in the sole and entire unfettered discretion of Social Buckets results or may result in another User being defrauded or scammed; s. transmit or make available any unsolicited or unauthorized advertising or mass mailing such as, but not limited to, junk mail, instant messaging, "spim", "spam", chain letters, pyramid schemes or other forms of solicitations; t. create Social Buckets accounts by automated means or under false or fraudulent pretenses; or u. impersonate another User or any other third party.


The above list of Prohibited Behavior is not exhaustive and may be modified by Social Buckets at any time or from time to time. If you become aware of the misuse of the Site and/or all or any part of the Social Buckets Services by another User or any other person, please contact Social Buckets through the "Contact Us" section of the Site. Social Buckets reserves the right to investigate and to take all such actions as Social Buckets, in its sole and entire enfettered discretion deems appropriate or necessary under the circumstances, including without limitation, deleting the User's posting(s) from the Site and/or terminating the Social Buckets membership of such User, against any User or third party who directly or indirectly in, or knowingly permits any third party to directly or indirectly engage in, Prohibited Behavior, the whole without or without notice to such User or third party.


5. Disclaimer of User postings. Social Buckets does not claim any rights of any kind (including, without limitation, ownership rights) in the posting made by Users on the Site and/or in connection with all or any part of the Social Buckets Services. All User postings remain the sole and exclusive property, publication, speech and responsibility of the posting User. You therefore understand, acknowledge and agree that:


a. each User, and not Social Buckets, is the sole and exclusive author, publisher and/or speaker of the content it posts on the Site and/or in connection with the Social Buckets Services. Each User, and not Social Buckets, is therefore fully liable for such content (including, without limitation, any and all untruths or inaccuracies), whether caused by the User or by any of the equipment or programming associated with or utilized in the Social Buckets Services.


b. Social Buckets does not endorse, nor does it have control of any kind over User postings on the Site and/or in connection with all or any part of the Social Buckets Services. Social Buckets acts strictly and solely as a passive conduit for the online distribution and publication of content posted on the Site and/or through the Social Buckets Services by Users.
c. Social Buckets does not, and has no obligation of any kind to, screen in advance User postings on the Site and/or in connection with the Social Buckets Services, or to subsequently review, monitor or edit such postings. The content posted by Users on the Site and/or through or in connection with the Social Buckets Services does not necessarily reflect the opinions or policies of Social Buckets and Social Buckets makes no warranties (whether express or implied) of any kind with respect to the content, accuracy and reliability of User postings.


d. Social Buckets does not, and accepts no liability, for monitoring the Site and/or the Social Buckets Services for Prohibited Behavior. Notwithstanding the foregoing, if at any time Social Buckets chooses in its sole discretion to monitor the Site and/or the Social Buckets Services for Prohibited Behavior, Social Buckets shall not be liable to any User or any third party for the content of any User posting (or for the conduct of the User posting the content at issue), nor shall Social Buckets have any obligation to modify, delete or reject any posting that another User or any third party considers inappropriate, illegal, defamatory or otherwise a violation of this Agreement. Social Buckets may, but is not obligated to, nonetheless choose to take any action it deems necessary or appropriate under the circumstances in respect of any User posting that in the sole and entire judgment of Social Buckets constitutes Prohibited Behavior or that otherwise violates this Agreement. See paragraph 4 "Your Conduct" above.


e. Profiles created and posted by Users on the Site may contain links to other websites. Social Buckets accepts no liability for the content, accuracy or opinions expressed on such websites. See paragraph 12 below "Links to other websites".
6. Interruption/Modification of the Site. Social Buckets reserves the right to interrupt the Site and/or the Social Buckets Services with or without prior notice to Users for any reason whatsoever. You understand, acknowledge and agree that Social Buckets will not be liable for any interruption, delay in or failure to perform of the Site and/or the Social Buckets Services, and that you will not be entitled to any refund of Social Buckets membership fees or other monies paid to Social Buckets in this regard. In addition to the foregoing, you understand, acknowledge and agree that Social Buckets has the right at any time and for any reason to modify and/or eliminate any aspect(s) of the Site and/or the Social Buckets Services as Social Buckets deems necessary or appropriate in its sole and entire unfettered discretion without liability of any kind to any User or third party.


7. International Use. When accessing or using the Site and/or the Social Buckets Services, you hereby agree to comply with all local laws and rules of the jurisdiction in which you are located, including, without limitation, those regarding online conduct, the posting of content on the Internet and the defamation of others. Without limiting the foregoing, you also agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States of America and/or the country in which you reside. In addition to the foregoing, it should be noted that software available on the Site and/or in connection with the Social Buckets Services (the "Software") may be subject to the export controls of Canada, the United States of America and/or the country in which you reside. No Software may therefore be downloaded from the Site and/or the Social Buckets Services, or otherwise exported or re-exported by you in violation of such laws. Downloading or using the Software is at your sole and entire risk.


8. Intellectual Property. Except for the personal information and content posted on the Site and/or in connection with the Social Buckets Services by Users, the Site and the Social Buckets Services, as well as any and all other content, property and software included therein, are owned by Social Buckets or its licensors, and are protected by Canadian, US and other international intellectual property laws. Without limiting the foregoing, "SOCIALBUCKETS" and Social Buckets graphics, logos, page headers, buttons, icons, scripts and service names are trademarks, trade names or trade dress of Social Buckets in Canada, the United States of America and/or other jurisdictions. You may not use Social Buckets' trademarks, trade names and/or trade dress in connection with any product or service that is not Social Buckets', that in any manner is likely to cause confusion among Users or in the public or that in any manner disparages Social Buckets. Except as expressly provided herein, Social Buckets and its licensors do not grant you any express or implied rights, license, title or interest in or to its or their respective trademarks, trade names, trade dress or other property (including, without limitation, the Site and/or any of the Social Buckets Services) and all such rights, license, title and interest Social Buckets are specifically retained by Social Buckets.


9. Your License from Social Buckets. Subject to the terms of this Agreement, and so long as you remain compliant with such Agreement, Social Buckets grants you a non-exclusive, limited, non sub-licensable and fully revocable license to access and use the Site and/or the Social Buckets Services (excluding any software code) for your personal non-commercial purposes, and for no others. Notwithstanding the foregoing, you understand, acknowledge and agree that except for content that you post on the Site, you may not under any circumstances modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any other manner exploit, the Site, the Social Buckets Services and/or any of the content thereon or the software contained therein, except as Social Buckets expressly permits in this Agreement or otherwise on the Site. No information or content on the Site or made available to you in connection with the Social Buckets Services may be modified or altered, merged with other data or published in any form including, without limitation, "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate such information or content. Your access to and use of the Site and/or the Social Buckets Services or any of the content thereon or the software contained therein for any purpose other than as expressly permitted in this Agreement is a violation of the intellectual property and other proprietary rights of Social Buckets, and may subject you to civil liability and/or criminal prosecution under applicable laws.


10. Your License to Social Buckets. Users posting content on the Site and/or in connection with the Social Buckets Services, retain all ownership rights in such content and are free to use their content in any manner save and except to engage in Prohibited Behaviour or to otherwise violate any of the terms and conditions of this Agreement. By posting content on the Site and/or in connection with the Social Buckets Services, you hereby grant Social Buckets an irrevocable, worldwide, non-exclusive, fully-paid, royalty-free and sub-licensable license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on the Site and/or through the Social Buckets Services. Social Buckets reserve the right to remove or modify any content you post on the Site and/or in connection with the Social Buckets Services at its sole and entire unfettered discretion with or without prior notice to you or any liability to you, and you hereby waive any moral rights you may have in or to such content under the laws of any jurisdiction. Your license to Social Buckets terminates at the time your content is removed from the Site and/or in connection with the Social Buckets Services. The license does not grant Social Buckets the right to sell your content, nor does your license grant Social Buckets the right to distribute your content outside of the Site and/or the Social Buckets Services. You hereby represent and warrant that (i) you own the content that you post on the Site and/or in connection with the Social Buckets Services or (ii) you otherwise have the right to grant to Social Buckets the license contemplated by paragraph 10 of this Agreement, and (iii) the posting of your content on the Site and/or through the Social Buckets Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any User or any third party. You agree to pay for all royalties, fees, and any other monies owing any User or any third party by reason of any content that you post on the Site and/or through the Social Buckets Services.


11. Complaints. Social Buckets respects the rights and reputations of all Users and third parties. If you have serious reasons to believe that your rights have been violated or that the content posted on the Site and/or through the Social Buckets Services constitutes defamation, please provide Social Buckets' designated agent with the written information specified below:


a. A complete description of the location on the Site where the content that you claim has violated your rights or is defamatory is located; b. Your address, telephone number, and e-mail address; and c. A summary statement by you, including supporting documentation or information, if any, made under penalty of perjury, as to why the content violates your rights or is defamatory. Social Buckets' designated agent for notice of complaints with respect to content posted by Users can be reached at the following URL http://socialbuckets.com/contact-us NOTWITHSTANDING THE FOREGOING, SOCIALBUCKETS HAS NO OBLIGATION WHATSOEVER TO YOU OR TO ANY THIRD PARTY TO RESPOND TO ANY COMPLAINT THAT IT RECEIVES OR TO TAKE ACTION IN CONNECTION THEREWITH. ANY SUCH RESPONSE OR ACTION, IF ANY, SHALL BE AT THE SOLE AND ENTIRE UNFETTERED DISCRETION OF SOCIALBUCKETS.


12. Links to other websites. The Site and/or the Social Buckets Service may contain links to third party websites that are not maintained by, or related to, Social Buckets, and over which Social Buckets has no control. Links to such websites are provided solely as a convenience to Users, and are in no way investigated, monitored or checked for accuracy or completeness by Social Buckets. Links to such websites do not imply any endorsement by Social Buckets of, and/or any affiliation with, the linked websites or the owner(s) thereof. Social Buckets is not responsible for the availability of such websites, and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to, included on or linked from or to the Site and/or the Social Buckets Services. Social Buckets accepts no liability for the accuracy, completeness, accessibility and usefulness of the information, data, opinions, advice or statements contained at such website and your access to and use of all third party websites, including, without limitation, any and all information, material, products and services contained or referred to therein, is solely at your own risk. Social Buckets accepts no liability for any direct, indirect, incidental, special, consequential, punitive or other losses or damages of whatsoever kind arising out of access to or use of any linked website or any information or reliance on any such content, goods or services available on or through any such linked website. In addition to the foregoing, Social Buckets accepts no liability for any direct, indirect, incidental, special, consequential, punitive or other losses or damages of whatsoever kind arising out of access to or use of any third party advertisements that with or without the endorsement or authorization of Social Buckets are posted on the Site or made available to Users through the Social Buckets Services, nor does Social Buckets accept or take any responsibility for the goods or services provided by third party advertisers. Social Buckets is not responsible for the conduct, whether online or offline, of any User of the Site and/or the Social Buckets Services. SOCIALBUCKETS' PRIVACY POLICY IS APPLICABLE ONLY WHILE YOU ARE USING THE SITE AND/OR THE SOCIALBUCKETS SERVICES. ONCE YOU ARE LINKED TO ANOTHER WEBSITE, YOU SHOULD READ THE PRIVACY STATEMENT OF THAT WEBSITE BEFORE DISCLOSING ANY PERSONAL INFORMATION.


13. Indemnification. As a condition of your access to and use of the Site and/or the Social Buckets Services, you agree to indemnify and hold Social Buckets and Social Buckets' directors, officers, employees, agents, attorneys, subsidiaries, affiliates, independent contractors, advertisers, partners, co-branders and sublicensees and each of their respective successors and assigns (collectively, the "Social Buckets Indemnitees") harmless from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including, without limitation, interest, penalties, and reasonable attorneys' fees, that the Social Buckets Indemnitees may incur or suffer relating to (i) any and all content that you post or access on the Site and/or in connection with the Social Buckets Services (ii) your breach of this Agreement, your representations or warranties set forth herein, any applicable law and/or the rights of any kind of other Users or third parties (iii) any dispute you have, or claim to have, with any other User or third party (iv) Social Buckets' resolution, if any, of any dispute you have or claim to have with any other User or third party (v) your improper authorization to or for Social Buckets to collect, use or disclose any of the personal information, data or content provided by you, and (vi) any disclosure made by Social Buckets with your permission, including, without limitation, your consent that Social Buckets disclose your personal information and other information collected as set forth in our Privacy Policy. Furthermore, you fully understand and agree that (a) Social Buckets has the right, but not the obligation, to resolve disputes between Users and/or third parties relating to the Site and/or the Social Buckets Services (b) Social Buckets' resolution of any particular dispute does not a create an obligation of any kind on the part of Social Buckets to resolve any other such dispute, and (c) Social Buckets' resolution of any and all such disputes are final with respect to the Site and/or the Social Buckets Services.


14. DISCLAIMER OF WARRANTIES. YOUR ACCESS TO AND USE OF THE SITE AND/OR THE SOCIALBUCKETS SERVICES IS AT YOUR OWN RISK. THE SITE AND/OR THE SOCIALBUCKETS SERVICES ARE BEING PROVIDED BY SOCIALBUCKETS ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOCIALBUCKETS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND/OR THE SOCIALBUCKETS SERVICES OR THE INFORMATION OR CONTENT INCLUDED THEREIN. SOCIALBUCKETS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE AND/OR THE SOCIALBUCKETS SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. SOCIALBUCKETS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE OR PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAHOO! OR THROUGH OR FROM THE SOCIALBUCKETS SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY. SOCIALBUCKETS DOES NOT AND CANNOT REPRESENT, WARRANT OR GUARANTEE ANY SPECIFIC RESULT TO A USER OR ANY THIRD PARTY RESULTING DIRECTLY OR INDIRECTLY FROM ACCESS TO OR USE OF THE SITE AND/OR THE SOCIALBUCKETS SERVICES.


15. Limitation of Liability. You understand, acknowledge and agree that Social Buckets shall not be liable in any manner or to any extent to you or to any third party for any (i) error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any posting on the Site or in connection with the Social Buckets Services, or (ii) problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet, the Site or in any of the Social Buckets Services or combination thereof, including, without limitation, any injury or damage to any Users or third party's computer related to, or resulting from, downloading software or other materials from the Site and/or the Social Buckets Services. UNDER NO CIRCUMSTANCES SHALL SOCIALBUCKETS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ACCESS TO OR USE OF THE SITE AND/OR ANY OF THE SOCIALBUCKETS SERVICES, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH ALL OR ANY PART OF THE SOCIALBUCKETS SERVICES, OR FROM THE CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE. UNDER NO CIRCUMSTANCES SHALL SOCIALBUCKETS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF SOCIALBUCKETS HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOCIALBUCKETS' TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU OR SUCH THIRD PARTY TO SOCIALBUCKETS FOR THE USE OF THE SITE AND/OR THE SOCIALBUCKETS SERVICES DURING THE TERM OF MEMBERSHIP.


16. General Provisions. a. Term of Agreement. This Agreement shall remain in full force and effect while you access or use the Site and/or the Social Buckets Services or are a member of Social Buckets. You may terminate your paid Social Buckets membership at any time, for any reason, without refund, in the "My Membership" section of the Site, after logging in. Be advised that by cancelling your paid Social Buckets membership, you simply restrict your own access to the Site and/or the Social Buckets Services and that you do not (i) erase your e-mail address from the Site and/or the Social Buckets Services (ii) delete all or any comments, positive or negative, about you previously found on the Site and/or in connection with the Social Buckets Services, or (iii) prevent other Users from writing positive or negative comments about you on the Site and/or in connection with the Social Buckets Services. This Agreement will survive the termination of your Social Buckets membership for any reason.


b. Changes to the Agreement. Social Buckets may modify the terms of this Agreement at any time or from time to time at its sole discretion. Such modified Agreement will be effective immediately upon posting to the Site where the prior version of this Agreement was posted. You agree to be bound to any changes to this Agreement when you use the Site after any such modified Agreement is posted.


c. Gender. Words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter genders and vice versa and words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organizations and corporations.


d. Waiver. No waiver by Social Buckets, whether by conduct or otherwise, of a breach or threatened breach by you of any term or condition of this Agreement shall be effective against, or binding upon, Social Buckets unless made in writing and duly signed by Social Buckets, and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived. The failure of Social Buckets to enforce at any time any term or condition of this Agreement shall not be construed to be a waiver of such provision or of the right of Social Buckets to enforce such provision at any other time.


e. Notices. All notices or other communications to be given by either you or Social Buckets Borrowers shall be in writing in the English language and may be given personally, by telecopy or by registered or certified mail and, if mailed, shall be deemed given ten (10) business days after the letter is deposited in the mail, during normal postal conditions throughout such period.


f. Severability. If any term or condition of this Agreement is finally determined by a Court of competent jurisdiction to be invalid, illegal or incapable of being enforced, all such terms or conditions shall be deemed severed from this Agreement, but every other term or condition of this Agreement shall remain in full force and effect, and in substitution for any such term or condition held unlawful, there shall be substituted a term or condition of similar import reflecting the original intent of Social Buckets to the extent permissible under law.


g. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by you without the prior written consent of Social Buckets, which consent may be withheld by Social Buckets in its sole and entire unfettered discretion. Social Buckets may, without your consent, assign all or any portion of its rights and obligations hereunder to any third party by posting written notice to this effect on the Site and/or in connection with the Social Buckets Services. In such case, all Users shall be irrevocably deemed to have first entered into this Agreement with such third party as of the date the Site first became operational, and not Social Buckets, and shall not therefore have any further claim or recourse against Social Buckets of any kind.


h. Headings. The division of this Agreement into paragraphs and sub-paragraphs and the insertion of headings are for convenience of reference only, and shall not affect or be utilized in the construction or interpretation of this agreement. The terms "this Agreement", "hereof", "hereunder" and similar expressions refer to this Agreement and not to any particular paragraph or sub-paragraph or other portion hereof and include any agreement supplemental hereto. Unless the subject matter or context is inconsistent therewith, references herein to paragraphs and sub-paragraphs are to paragraphs and sub-paragraphs of this Agreement.


i. Other Rules. Social Buckets may have additional or other rules that govern your access to or use of the Site and/or the Social Buckets Services, and may change such rules at any time or from time to time. Those rules will be made available to your prior to or at the time of your access to or use of the Site and/or the Social Buckets Services. Please read those rules carefully.


j. Governing law. This Agreement shall be interpreted and governed by the laws in force from time to time in the State of New York, USA, without regard to principles of conflict of laws that would result in the application of different law. In particular, such laws currently include the Communications Decency Act, section 230 of which provides that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider". Nevertheless, and in addition to the foregoing, you agree to the personal and exclusive jurisdiction of the Courts located in judicial district of Montreal, Quebec, Canada, being the jurisdiction in which the registered offices of Social Buckets are located, in the event of any dispute pertaining to this Agreement, any and all content posted by Users on the Site and/or in connection with the Social Buckets Services. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL OBJECTIONS RELATED TO THE LAW OR CHOICE OF LAW GOVERNING THIS AGREEMENT AND/OR TO THE CHOICE OF THE COURTS LOCATED IN THE JUDICIAL DISTRICT OF MONTREAL AS THE SOLE AND EXCLUSIVE VENUE TO HEAR AND RESOLVE ANY ACTION, CLAIM, DEMAND, SUIT OR PROCEEDING AGAINST SOCIALBUCKETS IN CONNECTION WITH THE SITE, ANY AND ALL POSTINGS THEREON, THE SOCIALBUCKETS SERVICES OR THIS AGREEMENT.


k. Acknowledgement. By hereafter accessing or using the Site and/or the Social Buckets Services, you acknowledge having read, understood and agreed to each and every paragraph of this Agreement. As a result, you hereby irrevocably waive any future argument, claim, demand or proceeding to the contrary of anything contained in this Agreement. The language used in this Agreement is that chosen by you and Social Buckets, and no rule of strict construction will be applied against either you or Social Buckets.


l. Entire Agreement. This Agreement constitutes the entire agreement between you and Social Buckets with respect to your access to and use of the Site and/or the Social Buckets Services, and supersedes all other prior agreements and communications, whether oral or written with respect to the subject matter hereof.


m. Language. You agree that English will be the language of the Site and/or the Social Buckets Services, and of all transactions occurring in connection with the Site and/or the Social Buckets Services, and you agree to waive any right to use and rely upon any other language or translations. The parties hereto acknowledge and agree that they have required that this agreement, as well as all documents, notices and legal proceedings entered into, given or instituted pursuant hereto or relating directly or indirectly hereto be drawn up in English. Les parties reconnaissent avoir exige la redaction en anglais de cette convention, ainsi que de tous documents executes, avis donnes et procedures judiciaires intentees, directement ou indirectement, a la suite ou relativement a la presente convention.


I HAVE READ, UNDERSTOOD AND AGREED TO EACH PARAGRAPH OF AGREEMENT AND I HEREBY IRREVOCABLY AGREE TO ABIDE BY ALL OF ITS TERMS AND CONDITIONS AT ALL TIMES I ACCESS OR USE THE SITE AND/OR SOCIALBUCKETS SERVICES.

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