Terms of Use

Terms of Use

Welcome to HubBucket Inc. ("HubBucket").

Please read these Terms carefully because they are a binding agreement between You and HubBucket, inc., (“HubBucket” or “We”).

These terms of service (“Terms of Service”) govern your operation of HubBucket, Inc. and its subsidiaries’ (“HubBucket”) websites, services and applications (the “Services”). By using or accessing the Services, you agree to be bound by these Terms of Service, as updated from time to time in accordance with Section 12 below. There may be instances when we offer additional terms specific to a product, application or service. To the extent such additional terms conflict with these Terms of Service, the additional terms associated with the product, application or service, with respect to your use of the product, application or service, will prevail. References to “us,” “we,” and “our” mean HubBucket, Inc.

1. USING THE SERVICES

Some Services may allow you to:

Add your own original content or post your content in blog or user comment areas (“Your Content”). Remember that all information that is disclosed in blog, comment or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Content

  • Use the Services as modified with Your Content
  • Arrange for third parties to have access to Your Content subject to these Terms of Service

By submitting Your Content to the Services, you hereby grant HubBucket a worldwide, royalty-free, non-exclusive, sublicenseable and transferable license to use, distribute, reproduce, prepare derivative works of, perform and display Your Content in connection with the Services and HubBucket’s business, including without limitation for promoting the Services, in all media now known or hereafter devised through any media channels. You acknowledge that use of the Services is for your personal use only.

Except as expressly permitted herein, you shall not:

Access the Services by any means other than instructions provided by HubBucket
Use the Services for any illegal or unauthorized purpose
Share with any third party any access codes or account information, including without limitation your username and password that you may create or HubBucket may provide in connection with the Services

And/Or upload, post or otherwise distribute or facilitate distribution of any content that:

  • Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, sexually oriented or tortious;
    Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
  • Constitutes the selling or trading of any merchandise;
  • Constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting or participating in chain letters or marketing/pyramid schemes;
  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • Contains links to sites that violate these Terms of Service, such as pornographic sites, defamatory sites, and so on; or Impersonates any person or entity.

We generally do not pre-screen, monitor or edit the content posted by users of the Services. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

You are responsible for all activity that occurs under your account and you are solely responsible for maintaining the confidentiality of your access codes and account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information.

2. OWNERSHIP

All rights (including without limitation, copyrights, trademarks, patents and trade secrets) in the Services and the content contained therein, other than Your Content, (“HubBucket Content”) are and will remain the sole and exclusive property of HubBucket and/or its licensors.

No title to or ownership of any portion of the Services, the HubBucket Content or any other products or services manufactured, sold and/or distributed or otherwise made available by HubBucket, or any proprietary rights related to those products/services, is or will be transferred pursuant to or by virtue of this agreement. HubBucket hereby grants you a limited, non-exclusive, nonsublicensable, revocable license to display and reproduce the HubBucket Content (other than software code) solely for your personal use in connection with using the Services in accordance with these Terms of Service.

3. FEEDBACK

You may from time to time provide HubBucket with suggestions, ideas or other feedback regarding the Services (“Feedback”). Both parties agree that HubBucket shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.

4. TERM AND TERMINATION

  • We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice.
  • Upon termination, all rights granted to you in these Terms of Service will immediately cease.
  • To the extent that you have a subscription that extends beyond termination of these Terms of Service, unless such termination is due to your breach, the subscription shall remain in force for the period set forth in the subscription’s terms or subscription order.
  • Any provision of these Terms of Service that expressly or by implication is intended to continue in force after termination or expiration of these Terms of Service will survive.

5. INDEMNIFICATION

A) To the extent permitted by applicable law, you will defend, indemnify and hold harmless HubBucket, its licensees, and their respective affiliates, parents and subsidiaries and their respective officers, directors, agents, representatives, successors and assigns (the “HubBucket Indemnitees”) from and against all liability and expense, including without limitation reasonable counsel fees and costs, arising from any claim, suit or proceeding brought against a HubBucket Indemnitee (i) claiming that Your Content infringes or misappropriates any patent, copyright, trademark, trade secret or other proprietary right of any third party or (ii) in connection with your violation of these Terms of Service.

B) In the event of a claim triggering your obligation to indemnify, you shall provide us with (i) prompt written notice of any such claim; (ii) control over the defense and settlement of such claim and (iii) proper and full information and assistance to settle or defend any such claim.

6. DISCLAIMER

The services are provided "as is", without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, reliability, availability or fitness for a particular purpose. the entire risk as to the results or performance of the services as assumed by you. in no event will HubBucket or its licensors be liable to you for any damages, including without limitation lost profits, lost savings, or other incidental or consequential damages arising out of the use of inability to use the services, even if HubBucket has been advised of the possibility of such damages. the terms of this sections 6 shall apply to the fullest extent permitted by the law in the applicable jurisdiction.

7. CORRECTIONS

The Services may contain errors or inaccuracies and may not be complete or current. HubBucket, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

8. INJUNCTIVE RELIEF

You agree that any breach of your obligations with respect to HubBucket's proprietary or intellectual property rights will result in irreparable injury to HubBucket for which money damages are inadequate, and you therefore agree that HubBucket shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.

9. FERPA (US only)

Please see HubBucket’s policy regarding FERPA here.

10. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible in a way that constitutes copyright infringement, you may notify the HubBucket Inc., General Counsel: HubBucket Inc., Attention: HubBucket Legal Department, 287 Decatur Street, Brooklyn, NY 11233, by providing the following information:

  • The signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
  • A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  • Identification of the specific location on this website where the material that you claim is infringing is located.
  • Your name, address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

11. PRIVACY POLICY & CONSENTS

HubBucket’s Privacy Policy is located here. HubBucket will process and store profile information that you provide to HubBucket (name and email) in accordance with this policy. HubBucket may also send you service announcements, administrative messages and other information in connection with your use of the Services. You may opt out of particular communications.

Where access to the Services has or will be provided to you through your institution or school’s (“Institution’s”) online learning management system using a ‘single sign on’ (SSO), then in accessing this Services you consent to HubBucket:

  • Collecting the following personal information about you from the Institution: first and last name, institution, course name
  • Disclosing personal information to your Institution directly relevant to your use of the Services, such as results of assessments set by instructors and other analytics regarding your access to the Services.

12. MISCELLANEOUS

We make no representation that the Services are appropriate or available for use in your location, and accessing them from locations where their contents are illegal is prohibited. If you choose to access this site from any such locations, you do so on your own initiative and are responsible for compliance with local laws. These Terms of Service represent the entire agreement between us and supersedes any proposals or prior agreements, oral or written, and any other communication between us relating to the subject matter of these Terms of Service. We reserve the right, at our discretion, to update or revise these Terms of Service.

Please check the Terms of Service periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes. Please note that by using the Services, you agree that you are entering into a legally binding agreement (even if you are using the Services on behalf of a company).

You acknowledge that you have read these Terms of Service, and agree to be bound by its terms and conditions. The laws of the country set forth below shall apply according to your country of residence, without regard to conflicts of law rules. The corresponding jurisdiction shall be the forum for adjudication of all disputes arising in connection with this agreement:

UNITED STATES (and all other countries not expressly stated herein)
  • Applicable Law—State of New York
  • Agreed Jurisdiction—New York, NY
UNITED KINGDOM and EMEA (excluding Germany)
  • Applicable Law—England and Wales
  • Agreed Jurisdiction—England and Wales
CANADA
  • Applicable Law—Ontario
  • Agreed Jurisdiction—Province of Ontario
GERMANY
  • Applicable Law—Federal Republic of Germany
  • Agreed Jurisdiction—Weinheim
AUSTRALIA
  • Applicable Law—State of Victoria
  • Agreed Jurisdiction—Melbourne
SINGAPORE
  • Applicable Law—Singapore

Agreed Jurisdiction Singapore—Arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of SIAC for the time being in force. The language of the arbitration shall be English. The decision of the arbitrator shall be final and may be used as a basis for judgment in any country.

ALL ASIA PACIFIC (excluding Australia and Singapore)

Applicable Law—Singapore

Agreed Jurisdiction Singapore—Arbitration in Singapore administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of SIAC for the time being in force. The language of the arbitration shall be English. The decision of the arbitrator shall be final and may be used as a basis for judgment in any country.

13. LEGAL NOTICE FOR NEW JERSEY RESIDENTS

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., no seller, lessor, creditor, or lender shall offer to any consumer or prospective consumer any written contract which violates any clearly established legal right of the consumer under state or federal law, or contain a provision by which the consumer waives its rights. For the avoidance of doubt, no provision of these Terms of Service shall apply to any consumer in New Jersey if the provision violates any clearly established legal right of that consumer.

These Terms govern your use of the websites that link to these Terms. In these Terms, the word “Sites” refers to each of these websites and the services offered on those Sites. You automatically agree to these Terms and to our Privacy Statement simply by using or logging into the Sites.

Please note that we offer many services. Your use of HubBucket products or services are provided by HubBucket pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Sites.

A. Your Accounts

You may be required to create an account and specify a password in order to use certain services or features on the Sites. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.

In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.

You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.

B. Success Community
  • HubBucket Community
  • HubBucket Partner Community

Please note that if you register for one of the HubBucket training services, log into the Help and Training portal, the HubBucket Community or HubBucket Partner Community on our Sites and don’t already have a HubBucket Community Account, we will automatically create a HubBucket Community Account for you.

The personal information (such as name, company information, institution, organization, photos etc.) that may be collected during the course of registering for our HubBucket Community, logging into the Help and Training portal, the HubBucket Community or HubBucket Partner Community sites may be used or shared with our group companies or our agents for the purpose of improving quality of our services.

If you request information about or access those partners’ products or services via HubBucket you agree to have your personal information shared with HubBucket partners for marketing purposes. The HubBucket Community is a free site created for HubBucket clients, customers, partners, prospects, and attendees of certain events. The HubBucket Community is subject to the Event Terms of Service and the HubBucket Community Terms, including the HubBucket Community Participation Guidelines. Please read those carefully.

Your first name and last name may be displayed on your on your HubBucket Community account, which is visible to other members of the HubBucket Community. Your HubBucket Community account is for your use only and cannot be shared or used by anyone else. You are solely responsible for maintaining the confidentiality of your HubBucket Community username and password, and are entirely responsible for any and all activities under your HubBucket Community account. You agree to notify HubBucket immediately of any unauthorized use or any other breach of security involving your username and password or account. HubBucket will not be liable for any loss incurred as a result of an unauthorized use of a username/password or account.

You acknowledge and agree that the HubBucket Community and other similar forums are public spaces and that your participation in such communities creates no expectation of privacy. Further, you acknowledge that any Content you communicate in a community may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in communities or other aspects of the Sites and may employ anonymous user names when doing so. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER CONTENT PUBLICLY AVAILABLE IN A COMMUNITY OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.

C. Modifications and Termination

We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Sites at any time.

D. Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Sites.

You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.

Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

E. Content Posted by Others

We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.

F. Your Use of the Sites

Please do not use the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms).

It should be common sense, so we won’t bore you with a list of things you shouldn’t do. But if we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.

Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.

G. Intellectual Property (Trademark and Copyright)

If you believe any Content on the Services infringes your copyrights, you may request that remove the Content from the Services (or disable access to that Content) by following the instructions on this page.

You can find our Trademark and Copyright Usage Guidelines on this page and our Permission to Use Trademark and/or Copyrighted Work Form on this page.

H. Social Networks

The Service may include features that operate in conjunction with certain third party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through the Services is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

I. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER HUBBUCKET, INC. NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

J. Liability for our Services

EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

K. Additional Details

We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.

The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. We do not control or endorse any products being advertised.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).

These Terms are governed by and construed in accordance with the laws of New York, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in New York, NY, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.

  • HubBucket’s Basic Personal Information Protection Policy
  • Disclosure Requests

HubBucket accepts and responds to any requests such as disclosure, correction, addition, or deletion and veto of use or provision of personal information (the “Disclosure Requests”) from the person who provided his/her personal information. For detailed procedures of disclosure request, please refer to the HubBucket’s Basic Personal Information Protection Policy.

Contact for inquiries regarding Personal Information Handling: ("Chief Privacy Officer") privacy@hubbucket.xyz

These terms were last updated on May 11, 2019.