Terms of Use

Effective Date: July 01, 2024

These Terms of Use (“Terms”) govern your access to and use of the Bucket Funds website (the “Site”) and all associated services offered by Bucket Funds and its affiliates (collectively, “Bucket Funds,” “we,” or “us”).

By accessing or using the Services, you agree to be bound by these Terms, our Privacy Policy, and Cookie Policy (collectively, the “Agreement”). These documents are incorporated herein by reference. We may update the Agreement at any time by posting the revised terms on the Site. Your continued use of the Services after such revisions constitutes your acceptance of the revised Agreement.

The Services are intended for your personal, non-commercial use only, except as expressly permitted elsewhere within the Agreement.

Section I. Account Creation

1.1. Eligibility: You must be at least eighteen (18) years of age to create an account with Bucket Funds.

1.2. Account Registration: You may browse the Site without registering for an account. However, certain functionalities require registration, including creating a username and password. You agree to provide accurate and complete information during registration. Usernames may not be offensive, impersonate another person, or violate any intellectual property rights. We reserve the right to terminate your account for violations of these provisions.

1.3. Account Responsibility: You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your password. You agree to notify us immediately of any unauthorized use of your account.

Section II. Prohibited Conduct

2.1. Unlawful Activity. You agree not to engage in any activity that violates any applicable law, statute, ordinance, regulation, or contractual obligation. This includes, but is not limited to, infringing on intellectual property rights, engaging in deceptive or fraudulent practices, or breaching any legal duty owed to another party.

2.2. Misinformation. You agree not to post or disseminate any information that you know to be false, misleading, or inaccurate.

2.3. Prohibited Content. You agree not to offer rewards or content that is illegal, violates Bucket Funds’ policies, or is otherwise harmful or inappropriate. This includes, but is not limited to, content that is threatening, abusive, harassing, defamatory, obscene, or invasive of another person’s privacy.

2.4. Spam and Unsolicited Communications. You agree not to send unsolicited or unauthorized advertising, marketing, or promotional materials. This includes spam, chain letters, and mail lists.

2.5. System Disruption. You agree not to take any actions that could disrupt the proper functioning of the Services. This includes, but is not limited to, introducing viruses, attempting unauthorized access to systems or data, or imposing unreasonable loads on Bucket Funds’ infrastructure.

2.6. Data Security. You agree to respect the privacy and security of other users. You will not misuse any personal information obtained through the Services. This includes information about other users, backers, or collaborators. Sharing such information with unauthorized third parties is strictly prohibited.

2.7. Reverse Engineering. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to access the source code or underlying ideas of the Services.

2.8. Reservation of Rights. Bucket Funds reserves the right to take any action it deems necessary to enforce these Terms of Use, including suspending or terminating your account.

Section III. Campaign Mechanics and Creator/Backer Relationship

3.1. Introduction. This section outlines the relationship between creators and backers on Bucket Funds, and the terms governing their interaction. These terms apply when you create or back a campaign on the platform.

3.2. Funding Platform. Bucket Funds acts as a platform to facilitate crowdfunding for bucket list projects. Creators launching campaigns (“Creators”) invite backers to contribute funds (“Backing”) through a contractual agreement.

3.3. Independent Contractor Relationship. The agreement between a Creator and their backers is independent of Bucket Funds. These Terms of Use govern in the event of any conflict with supplemental terms established by a Creator for their project.

3.4. Creator Responsibilities. During and especially after a successful campaign, Creators owe backers a high standard of effort, transparent communication, and dedication to project completion. Backers acknowledge that their contributions are not purchases of tangible goods, but rather, support for a Creator’s dream. Creators will encounter potential changes, delays, or unforeseen circumstances that may hinder project completion or reward fulfillment. Rewards are not guaranteed.

3.5. Incomplete Campaigns. If a Creator cannot complete the campaign and fulfill rewards, they must make a reasonable effort to find an alternative solution that best concludes the campaign for backers. To satisfy their obligations, Creators must:

• Provide a detailed update explaining completed work, fund usage, and reasons for the campaign’s deviation from its initial plan.
• Demonstrate good faith and diligence in bringing the campaign to the best possible conclusion under the circumstances, within a timeframe communicated to backers.
• Prove appropriate use of funds and best efforts to complete the campaign as promised.
• Maintain honest communication with backers, avoiding material misrepresentations.
• Offer to return any unused funds to backers who haven’t received rewards (proportionate to their pledges). Alternatively, explain how remaining funds will be used for an alternate campaign completion approach.

3.6. Creator Responsibility for Fulfillment. Creators are solely responsible for fulfilling their campaign’s promises. Failure to comply with these terms may lead to legal action by backers. Bucket Funds reserves the right to take appropriate actions regarding disputed campaign funds during such situations.

Section IV. Funding Mechanics

4.1. Pledge Terms

4.1.1. Payment Processing: Pledges are processed and charged to your payment method at the time you make them.

4.1.2. Pledge Modification and Cancellation: Pledges cannot be cancelled or changed after five (5) business days of being made. You may, however, request a refund directly from the project creator after their campaign payout is issued. Bucket Funds is not responsible for facilitating cancellations or refunds after the five (5) business day window.

4.2. Reward Fulfillment

4.2.1. Estimated Delivery Dates: Estimated fulfillment dates provided by Creators are solely estimates and do not constitute guarantees. Creators are encouraged to carefully plan their campaigns, set realistic delivery dates, and maintain clear communication with backers regarding any schedule changes.

4.2.2. Backer Information: To receive rewards, backers may be required to provide additional information to the Creator, such as mailing address or shirt size. Creators should only request information necessary for reward fulfillment and must avoid collecting sensitive personal information like Social Security numbers or payment details. If you receive a request for seemingly inappropriate or excessive information, contact Bucket Funds customer support.

4.2.3. Refund Policy: Bucket Funds does not offer refunds. Project Creators are solely responsible for campaign completion. Bucket Funds does not guarantee the quality of a Creator’s work and cannot facilitate refunds on their behalf.

4.3. Creator Terms

4.3.1. Pledge Refunds: Creators have the option to issue full or partial refunds to individual backers at their discretion, even after a campaign is funded. Issuing a full refund to a backer terminates the agreement between the Creator and the backer for that specific pledge.

4.3.2. Fees: Bucket Funds and its payment processors will deduct applicable fees from the total campaign funds before disbursement to the Creator’s bank account.

4.3.3. Pledge Collection: Due to potential issues like expired credit cards, the final amount of funding received by a Creator may be less than the total amount pledged (minus fees).

4.3.4. Payment Disputes: Bucket Funds will attempt to resolve payment disputes initiated by backers with their issuing banks. Creators may be required to provide evidence to support the validity of the charge. In the event of a successful chargeback by a backer, the Creator is responsible for reimbursing the disputed amount. Creators authorize Bucket Funds to charge the credit card used for campaign creation to recover such chargeback fees.

4.3.5. Funding Delays: Creators should be aware of potential delays in campaign approval, funding collection, and overall project execution. Creators are advised not to rely on pledged funds until they are actually accessible in their account.

Section V. Disclaimers and Limitations of Liability

5.1. User Disputes and Campaign Performance. Bucket Funds does not oversee the performance of campaigns or mediate disputes between users. Creators and backers are solely responsible for resolving any issues arising from their interactions on the platform. Bucket Funds does not endorse any user-submitted content.

5.2. Limitation of Liability. By using the Services, you agree to release Bucket Funds from any claims, damages, or demands arising from user disputes, campaign performance, or your use of the Services. This includes known and unknown, suspected and unsuspected, disclosed and undisclosed liabilities. You acknowledge all content accessed through the Services is used at your own risk, and you are solely responsible for any resulting damages or losses.

Section VI. Fees

6.1. Fee Structure. Bucket Funds charges a 15% platform fee on the total amount raised by successfully funded campaigns and late pledges. Standard payment processing fees will also apply.

6.2. Campaign Creation Fees. Creating an account is free. Campaign listing incurs a one-time $5 fee charged to the Creator upon campaign approval.

6.3. Successful Campaign Fees. For successful campaigns, Bucket Funds deducts a 15% platform fee and standard payment processing fees (which may vary by location) from each collected pledge, including late pledges. We will announce any fee changes on the Site.

6.4. Payment Processor Independence. Payment processors are independent companies, and Bucket Funds is not liable for their actions. Backer pledges are collected by these processors.

6.5. Taxes. You are solely responsible for any additional fees and all applicable taxes associated with your use of Bucket Funds. This includes, but is not limited to, local, state, and federal taxes. Creators are specifically responsible for collecting and remitting any taxes related to their fundraising campaigns.

Section VII. Third-Party Websites

7.1. External Links. Bucket Funds may contain links to other websites, such as campaign pages, user social media profiles, and comments. Clicking on these links directs you to a third-party website, and your interaction with that site is governed by their terms of service. Bucket Funds does not control or endorse these external sites.

7.2. Payment Processor Terms. Bucket Funds partners with payment processors for transactions. By backing or creating a campaign, you also agree to the terms of service of the relevant payment processor.

Section VIII. User Content and Intellectual Property Rights

8.1. Content Ownership. You retain all ownership rights to the content you submit to Bucket Funds (“Content”). This includes text, images, videos, and other materials associated with your campaign page.

8.2. Content License Grant. To operate the Services and promote projects, you grant Bucket Funds a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, reproduce, create derivative works of, publicly display, distribute, disseminate, communicate, commercialize, and exploit your Content. This includes, but is not limited to:

• Highlighting your campaign through features like “Popular Lists” based on pre-determined criteria like project clarity, engaging visuals, and community interest.
• Showcasing your campaign on the Bucket Funds homepage based on factors like creativity, honesty, and alignment with the platform’s vision.
• Featuring your campaign based on user interaction metrics, advertising efforts, browsing history, and other user data collected in accordance with our Cookie Policy.

Bucket Funds reserves the right to implement and remove such features and promotions at its sole discretion.

8.3. Content Modification. We reserve the right to edit, translate, or modify your Content as necessary for service functionality or display purposes.

8.4. Content Warranties. You warrant that your Content does not infringe on the intellectual property rights of any third party. This includes copyrights, trademarks, and proprietary rights. You further warrant that you have the necessary permissions to grant the licenses outlined in Section 8.2.

8.5. Third-Party Royalties. You are solely responsible for any royalties or licensing fees owed to third parties associated with your Content.

8.6. User Responsibility. You are solely responsible for the Content you submit and any consequences arising from its posting.

8.7. Disclaimer of Liability. Bucket Funds is not liable for any errors or omissions contained within your Content.

Section IX. Intellectual Property Rights

9.1. Ownership. Bucket Funds Services are protected by various intellectual property rights, including copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights. You agree to respect all copyright and other legal notices displayed on the Services.

9.2. User License. Bucket Funds grants you a non-exclusive, worldwide, non-sublicensable, non-transferable, revocable license to access and reproduce content from the Services for personal, non-commercial use only. This includes both Bucket Funds’ own content and user-generated content.

9.3. Commercial Use Prohibition. Any use of content from the Services for commercial advantage or any other commercial purpose requires prior written permission from Bucket Funds or the relevant copyright holder. “Commercial purpose” includes any use involving sale, license, rental, or other exploitative or commercial activity.

Section X. Copyright Infringement

10.1. DMCA Compliance. Bucket Funds adheres to the Digital Millennium Copyright Act (“DMCA”). We respond to notices of alleged copyright infringement that comply with the DMCA and our Copyright Policy. We reserve the right to remove allegedly infringing content and terminate accounts of repeat infringers at our sole discretion.

10.2. Reporting Infringement. To submit a copyright infringement claim, please contact our customer service team via email.

Section XI. Account Termination and Content Removal

11.1. Account Deletion. You may deactivate your account at any time through your account settings. However, we may retain certain information as permitted by law for legitimate business purposes.

11.2. Content Persistence After Account Deletion. These Terms of Use remain applicable to your prior and ongoing use of the Services. This includes our rights regarding any Content you previously submitted. For example, deleting your account will not automatically remove your campaign page or other user-generated content.

11.3. Campaign Removal Requests. If you wish to request removal of your campaign page after deleting your account, please contact us. Special circumstances may be required for campaign removal due to backer agreements and other considerations.

11.4. Privacy Policy. Our Privacy Policy provides more information about account deletion and data retention practices. 

Section XII. Bucket Funds’ Rights and Authority

12.1. Platform Maintenance and Modifications. Bucket Funds reserves the right to modify or make changes to the Services at any time without prior notice or liability.

12.2. User Eligibility and Account Management. Bucket Funds reserves the right to determine user eligibility for the Services and may, in its sole discretion, limit or restrict access to accounts. This may include account cancellation in cases of severe or repeated violations of these Terms of Use or other platform guidelines. Bucket Funds reserves the right to update its eligibility criteria at any time.

12.3. Global Compliance. Access to the Services may be prohibited by law in certain jurisdictions. You agree to comply with all applicable laws and regulations regarding your use of the Services.

12.4. Pledge and Campaign Management. Bucket Funds reserves the right to cancel any pledge to a campaign or to reject, cancel, interrupt, remove, or suspend any campaign at any time and for any reason.

12.5. Regulatory Compliance. Bucket Funds reserves the right to withhold funds in accordance with applicable laws and regulations.

12.6. Dispute Resolution. Bucket Funds reserves the right to force refunds of campaign funds collected by our payment processor, prior to payout, if deemed necessary or appropriate to resolve disputes between creators and third parties arising from the creator’s use of the platform.

12.7. User Verification. Bucket Funds reserves the right to verify your identity and investigate account details at any time. You agree to cooperate with such verification requests, including providing additional information and engaging in reasonable verification methods (such as live video sessions) as required to protect platform integrity and prevent fraud or other misconduct. Refusal to cooperate may result in campaign or account cancellation, suspension of campaign payouts, forced refunds, or other actions deemed necessary by Bucket Funds in its sole discretion.

12.8. Limitation of Liability. Bucket Funds is not liable for any damages arising from actions taken pursuant to this Section XII.

12.9. Transparency Regarding Actions. While Bucket Funds generally does not publicly comment on the specifics of account actions, the account holder will be notified of the reason for the action, and the possibility of remedy (if applicable), unless legal or safety concerns dictate otherwise. For account cancellations specifically, Bucket Funds will attempt to provide advance notice of the reason for cancellation, except in cases involving illicit content, safety concerns, counterfeiting, fraud, malware, spam, data breaches, cybersecurity risks, or suitability issues.

Section XIII. Disclaimer of Warranties

13.1. As-Is Services. Bucket Funds provides the Site and Services “as is” and “as available” for your use. We make no express or implied warranties regarding the Services, including warranties of merchantability, non-infringement, or fitness for a particular purpose. No advice or information obtained from Bucket Funds, whether oral or written, shall create any warranty.

Section XIV. Indemnification

14.1. User Defense and Indemnification. You agree to defend, indemnify, and hold harmless Bucket Funds, its directors, employees, partners, suppliers, and content providers from any and all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) arising out of or related to:

• Your use or misuse of the Site or Services.
• Your breach of any terms or conditions set forth in these Terms of Use.

14.2. Right to Assume Defense. Bucket Funds reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause. In such case, you agree to cooperate with Bucket Funds in asserting any available defenses.

14.3. Service of Process. By accepting these Terms of Use, you consent to service of process for any action brought against Bucket Funds.

Section XV. Limitation of Liability

15.1. Limitation of Damages. To the fullest extent permitted by law, Bucket Funds, its directors, employees, partners, suppliers, or content providers shall not be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages arising out of or related to your use of the Site or Services. This includes, but is not limited to, damages for:

• Loss of profits
• Data loss
• Cost of procurement of substitute goods or services
• Conduct or content of any third party on the Site.

15.2. Maximum Direct Damage Liability. In no event shall Bucket Funds’ total liability for direct damages exceed one hundred US Dollars ($100.00).

Section XVI. Dispute Resolution and Governing Law

16.1. Governing Law and Forum. These Terms of Use (and all other incorporated rules, policies, or guidelines) shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of laws principles. The application of the Uniform Computer Information Transaction Act (UCITA) and the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

16.2. Dispute Resolution and Forum Selection. Bucket Funds and its Services are considered a passive website that does not establish general or specific personal jurisdiction over Bucket Funds or its affiliated entities (parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders) in any jurisdiction other than the State of New Mexico.

16.3. Binding Agreement to Exclusive Jurisdiction. You agree that any claim, action, lawsuit, or proceeding arising out of or relating to these Terms or your use of the Services must be filed, commenced, or prosecuted solely in a state or federal court located in Bernalillo County, New Mexico. You further agree to waive any right to a trial by jury in any such dispute and submit to the personal jurisdiction of these courts for all litigation purposes.

Section XVII. Entire Agreement and Severability

17.1. Entire Agreement. These Terms of Use, together with any referenced materials herein, constitute the entire agreement between you and Bucket Funds regarding your use of the Site and Services. This agreement supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic.

17.2. Severability. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

17.3. No Waiver. The failure of either party to exercise any right or remedy under these Terms shall not be construed as a waiver of any other right or remedy.

Section XVIII. Assignment

18.1. User Restrictions. These Terms are personal to you and may not be assigned, transferred, or sub-licensed without the prior written consent of Bucket Funds.

18.2. Bucket Funds’ Rights. Bucket Funds reserves the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. You will be notified of such assignment or delegation via email, written notice, or by conspicuous posting on the Site.