Terms of Service

BUCKSOUP

TERMS OF SERVICE

The following terms and conditions (these “Terms”) govern your use of the Bucksoup.com website (referred to as the “Site”) as well as the content, products, software, source code and services made available through the Site, Bucksoup™ mobile applications or affiliate websites (collectively, including the Site, the “Services”) by or on behalf of the Site’s owner, Bucksoup, LLC (“Bucksoup”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE MODIFIED OR AMENDED FROM TIME TO TIME BY BUCKSOUP IN ITS DISCRETION. ANY SUCH AMENDMENTS TO THESE TERMS BECOME EFFECTIVE AT THE TIME THEY ARE POSTED TO THE SITE, AND EACH TIME YOU ACCESS OR USE ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AS AMENDED. IF YOU DO NOT AGREE, YOU SHOULD DISCONTINUE USE OF THE SITE AND ALL OTHER SERVICES IMMEDIATELY.

The words “we”, “us” and “our” means Bucksoup. The words “you” and “your” refers to the User, Producer or other person accessing or using the Services subject to these Terms. To the extent you access or use the Services in an agent or employee capacity, you also accept these Terms on behalf of your principal or employer. If your principal or employer has entered into a written agreement with Bucksoup for the provision of Services, then such written agreement will govern your use of the Services on behalf of such principal or employer.  

Definitions

As used in these Terms, in the Standard License Terms, and on the Site:

“Title” means each digital file, digital good, work of authorship, product or property posted and made available for sale using the Services. 

“Producer” means a person or entity that registers through the Services to sell a Title.

“User” means a person or entity that registers through the Services to view or purchase a Title.

“Sale” of a Title means to promote, market, offer, license, transfer, convey or sell rights to a Title, including, without limitation, to license a Title for personal use pursuant to the Standard License Terms (as defined below).  To “sell” means to effect a sale using the Services. Except as expressly set forth in a written Contract between a Producer and User, a sale through the Services does not include or constitute an assignment, transfer or conveyance of any copyrights, trademark rights or patent rights underlying any product, service, work of authorship, invention, method or process comprising, represented by or contained within a Title.

Purpose of the Site

1. Bucksoup™ Services are designed to enable Producers to configure and maintain “shops” on the Site to display and sell Titles to Users, generally for personal use under the Standard License Terms.  You may be a Producer and a User, and the terms below will apply, depending on how you use the Services.

 

Publishing Titles:  Producer Responsibilities and License to Sell

 

2. Title descriptions must be posted by Producers in English and may not include any information enabling or requesting a contact or payment outside of the Services.  Producers are responsible for the content of all Titles and Title descriptions. Producers agree to ensure Title descriptions are accurate, not misleading, and free of offensive language or advertisements for other products or services (except to the extent a third-party product or service is depicted or satirized in a Title lawfully and without infringing any third-party rights). Title descriptions and other features of the Services may not be used to post or transmit content or information that is illegal or violates the intellectual property rights, copyrights or the terms of service of any other service, product, website or third party.

 

3. All information provided in a Producer profile must be true, accurate and complete. Bucksoup reserves the right to verify any and all information provided on a Producer’s profile.

 

4. Subject to these Terms, Titles may include, without limitation: writings, artwork, images, text, audio, video and multimedia files, music, tickets, codes, coupons, entry forms, spreadsheets, formulae, tools, references, and data. 

 

5. PROHIBITED CONTENT:  Titles may not comprise or consist of any of the following: 

• Securities (including but not limited to any private or public company stock, equities, investment contracts, promissory notes, bonds, debentures, partnership interests, limited liability company interests, DAO memberships, options, warrants, derivatives, futures or similar investments or interests in any enterprise)
• Cryptocurrencies, nonfungible tokens (NFTs), crypto tokens, or private keys to digital assets
• Contraband
• Anything that has been stolen or procured directly or indirectly in violation of law or any third-party rights
• Pornography
• Lottery tickets, sweepstakes entries or raffles
• Resales of any kind -- if you are thinking of using the Services to sell someone else's intellectual property, goods, works, tickets or coupons, stop.  Authorized AGENCIES, please contact us before posting coupons, tickets or other Titles on behalf of any Producer.

6. By submitting your Title to Bucksoup for publication, you warrant and represent that the Title is complete, and the Producer identified by you at the time of registration and publication of the Title:

• is authorized to post, publish and sell the Title through the Services;
• owns or possess all rights to the Title necessary to sell the Title through the Services and grant the licenses set forth in these Terms and under each Contract with a User;
• has not assigned, pledged, or encumbered such rights, or has not entered into any agreement which would conflict with the rights granted to Bucksoup and each User purchasing the Title, and agrees not to do any of the aforementioned without first removing the Title from the Services; and
• has full right, power, and authority to enter into these Terms and use the Services.

7. You further warrant each of your Titles meets the following standards for originality:

• the Title does not contain any third-party work of authorship or trademark, except to the extent you have been expressly authorized by its owner to include it in Titles published and sold as contemplated herein;
• the Title does not include images of family, friends or other people, except those who have consented in writing to the publication and sale of their images in Titles as contemplated herein;
• the Title does not include images or other pre-existing content scraped or copied from any third-party website or commercial services (other than content you created on such sites or using such services in accordance with their respective terms of use);
• the Title is not known or believed by you to be the subject of any actual or threatened legal action or proceeding or copyright “take-down notice”; and
• none of your Title content, either in part or in its entirety, is sourced from “Private Label Rights” articles, content resellers or sources that license the same content to other people.

Subject to compliance with these Terms, Producers may sell Titles consisting of works created using generative artificial intelligence models and tools.  Producers generally are solely responsible for compliance with all third-party licenses, terms of service, agreements, and applicable laws and regulations regarding any third-party software, websites or tools used to create Titles.  Producers also are solely responsible for assessing, registering or otherwise securing, defending, asserting and enforcing their intellectual property rights and claims with respect to all Titles, including, without limitation, any works created using generative AI. 

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8. You further warrant that no Title you post for sale:

• has been posted by any other Producer on Bucksoup prior your posting of the Title on Bucksoup
• has been sold elsewhere on the Internet by any third party prior to your posting of the Title on Bucksoup
• violates any right of privacy or other personal right of any person or entity
• is libelous or defamatory against any third party
• plagiarizes or pirates any other work or infringes upon any copyright, trademark or other proprietary right;
• would be dangerous or injurious to Users or others, including from the use of recipes, formulae or instructions
• violates local, state or federal law
• advocates hateful, discriminatory or racist views or actions toward others
• advocates or condones violence against another person, whether or not the other party is a willing participant
• advocates terrorism or any other illegal activities
• advertises Private Label Rights (PLR) or the right to resell a Title or any third-party work 
• contains hyperlinks to third-party affiliate marketing pages, especially if the Title is published for the primary purpose of publishing hyperlinked content that directs Users to affiliate marketing pages
• advertises or promotes other websites or services for the promotion or sale of digital goods
• contains SEO keywords, either in your Title or your metadata tags, that violate these Terms 
• advertises or enables the sale of the Title on any website or service other than Bucksoup, except with our express written consent
• contains photographic or video images of criminal acts of violence upon any person
• constitutes pornography or depicts children or underage minors engaged in sexual acts or situations, witnessing such situations, considering sexual acts, or thinking about sexual acts (images of nudity or erotica that may be displayed legally may be accepted at the sole discretion of Bucksoup.)

9.  Producers promise Bucksoup that they will regularly review communications Users transmit directly to Producers through the Services, to the extent they are able, and will respond to Users in a reasonably prompt and professional manner. 

 

10. You may use our Services pursuant to these Terms to upload, format, publish and sell your Titles. Except as set forth herein, you will retain all rights in your Title, including the copyright, if any; posting your Title on the Services for sale does not change your ownership rights to a work or your intellectual property rights to the Title, subject to the terms of the Contract between you and the User that purchases the Title. (See Standard License Terms below.)  You are solely responsible for filing all copyrights relating to your Title and for protecting and enforcing your copyrights and any other intellectual property.  It is your sole responsibility to place a copyright notice on the Title as applicable.
11. By posting or uploading any Title through the Services: (a) you understand we may make your Title accessible to Users and any other person Bucksoup may authorize in its sole discretion, and such Users and other persons may be able to view, review, comment on it and rate it; (b) you represent and warrant that you own or control all rights in your Title, that such Title is original and does not, and will not, infringe the copyright, trademark or any other right of any person or entity, and that any “moral rights” in the Title have been waived; (c) you grant to Bucksoup a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, transferable right and license to use (including, without limitation, the rights to copy, display, perform, distribute, publish, market, sublicense and sell) the Title through the Services in accordance with these Terms and the policies and procedures posted within the Site; and (d) you authorize Bucksoup to publish your name, likeness and other information provided in your Producer profile in connection with your Titles and in connection with the operation and promotion of the Services. You agree no compensation (other than remittance of net proceeds from the sales of Titles) will be paid or due to you with respect to the use of these properties and information by Bucksoup or its sublicensees.  Bucksoup is under no obligation to post or use any Content you provide and may remove such Content at any time at the sole discretion of Bucksoup.
12. SAVE ALL YOUR CONTENT – WE ARE NOT RESPONSIBLE FOR LOSS OR CORRUPTION OF YOUR FILES. If you use our Services for publishing or selling any Title, you are and remain solely responsible for the protection and preservation of your Title. You should only upload and post copies of Titles that you have stored on your own computer or cloud services. Since computers and other equipment, systems and networks (both yours and ours) are subject to occasional malfunction and attack, you agree that you will not hold Bucksoup responsible for any damage to, corruption of, destruction of or loss of your Title or any other Content. Bucksoup is not responsible for backing up or archiving your Title. If your Title is damaged, lost or corrupted in any way while being transmitted, processed or stored using our Services, Bucksoup will have no obligation or liability to you.
13. Generally, Bucksoup will publish each Title as it is delivered to us, and not edit or modify the Title. Certain changes or errors may occur or be perceived due to Site or Bucksoup app configurations or file size or display constraints or from file conversions. Bucksoup does not guarantee accurate preservation of the original Title’s formatting. However, Bucksoup will not intentionally edit or manipulate the content of a Title, whether for quality, aesthetics, compliance or other purposes. Because Bucksoup provides a Producer-controlled publishing tool, Bucksoup cannot and does not accept responsibility for the quality of any Title (including misspelled words, grammatical errors, factual errors, poor quality pictures, etc., or for any infringing content), Title formatting, design or overall appearance. Producers are responsible for the visual presentation and content of any Title they submit for publication.
14. Bucksoup may decide not to publish a Title or may decide to discontinue its publication for any reason and for no reason, and no reason need be provided. Bucksoup in its sole discretion may provide notice or instructions to a Producer on how to remedy potential issues that might prevent Bucksoup from publishing a Title but shall not control the Title’s content. 
15. We reserve the right to drive traffic to a Title on the Site through (a) general Search Engine Optimization services, (b) crawlable, promotional hypertext links or (c) arrangements with third parties which make searchable certain sample portions of the Title.
16. Except as provided in these Terms, Bucksoup shall only publish electronic versions of a Title, and keeps no other subsidiary or derivative rights to the Title, such as rights to printed editions, DVD editions, theatrical editions, serial rights or media rights other than the right to display and perform the electronic version of the Title.

Pricing and Payment Terms

17. As part of its Services, Bucksoup collects payments from Users in exchange for Bucksoup Credits used to purchase Titles.  Each User hereby authorizes Bucksoup to run credit card authorizations on all credit cards provided by User, to store credit card details as User’s method of payment for services, and to charge User’s credit card (or any other form of payment authorized by Bucksoup or mutually agreed to between User and Bucksoup).  All payments between you and Bucksoup are made and processed through PayPal.  Unless otherwise stated, all fees are quoted in U.S. Dollars.  
18. Upon each purchase of a Title by a User, Bucksoup will debit the User’s Credit balance by the number of Credits corresponding to the purchase price of the purchased Title (typically $1 plus tax). ALL PURCHASES OF BUCKSOUP CREDITS AND ALL PURCHASES OF TITLES ARE FINAL AND NON-CANCELABLE.  Except to the extent prohibited by law, you agree that no refunds will be made for unused Credits.  All Bucksoup fees and charges are non-refundable, regardless of whether parties comply with the Standard Terms or other terms of Contracts between them with respect to any Title or sale.
19. Each Producer earns $0.55 (55 cents) of each $1.00 (one dollar), excluding tax, collected by Bucksoup from the sale of Titles in a shop.  Subject to each Producer’s compliance with these Terms, and so long as no infringement notices with respect to their Titles have been received by us, Bucksoup will remit payment to a Producer once they have earned $25 or more (or such higher Payout Amount threshold that each Producer may set in their discretion on the Site). Payments to the Producer thereafter will be made as and when such $25 or higher earnings threshold is reached. Bucksoup reserves the right to limit the number of payments to each Producer to one per month.
20. Each Producer hereby authorizes Bucksoup to deduct and retain from payments collected from Users Bucksoup service fees in the amount of 45 cents per dollar (excluding tax). Bucksoup fees and other pricing terms and conditions are subject to change in Bucksoup’s discretion from time to time. Pricing changes will be posted on the Site.   If you do not agree with a new fee or other pricing term, you may immediately cease using the Services and terminate your account.  Continuing to use the Services after the date that any pricing change goes into effect constitutes your agreement to and acceptance of these Terms and all amended pricing terms and conditions posted on the Site.
21. No Producer or User shall ask, offer or entice the other to circumvent the Services to effect a sale or purchase of a Title. Title descriptions and other features of the Services may not be used to direct Users to other services, websites, apps or destinations to procure Titles, for free or at any cost.  Any Producer that violates this section shall be liable to Bucksoup for liquidated damages equal to the sum of (a) 45% of the gross revenue generated from all such redirected and circumvented sales plus (b) all costs and expenses incurred by us in connection with enforcement of these Terms.
22. If a User fails to pay amounts due under these Terms, whether by cancelling a credit card, initiating an improper charge back, or any other means, the User’s Bucksoup account will be suspended and no additional payments will be processed. Without limiting other available remedies, the User must reimburse Bucksoup for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys’ fees and other costs of collection as allowed by law. In its discretion, Bucksoup may set off amounts due against other amounts received from or held for the User, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
23. Each Producer must properly discharge and credit its User for all payments Bucksoup remits on behalf of such User. Each User understands and agrees that:
           A. Funds collected from Users are commingled in an account maintained by PayPal and disbursed directly to Producers, net of Bucksoup service fees.
           B. The transmission of funds in the manner described herein is not a separate and discrete service that Bucksoup provides in addition to its Site services. Rather, transmission of funds in an auditable manner is an integral part of the Site services that Bucksoup is providing.
           C. Bucksoup acts as agent of the Producer and not as a trustee or fiduciary with respect to payments received through Bucksoup.
24. You agree that you will not receive interest or other earnings on the funds that Bucksoup handles as your agent and holds in PayPal or other comingled accounts. In consideration for your use of the Site, you irrevocably transfer and assign to Bucksoup any ownership right that you may have in any interest that may accrue on funds held in such accounts. This assignment applies only to interest earned on your funds, and nothing in these Terms grants Bucksoup any ownership right to the principal of the funds you maintain with Bucksoup.
25. Applicable sales taxes are added to the purchase price (typically $1) of each Title and charged in the form of additional Credits to the User at the time of purchase. Bucksoup agrees to remit to relevant tax authorities the actual dollar amount of sales tax required by law to be charged by Bucksoup with each Title purchase. Producers and Users, respectively, are responsible for any and all sales tax or use tax not collected and remitted by Bucksoup. Bucksoup shall have no responsibility for determining the necessity of or for issuing any formal invoices to Producers or Users in connection with any Title sales or provision of Bucksoup Services.
26. Sales transacted through your shop are reported on the Site. Bucksoup will make a good faith effort to pay Producers using the contact information in our records. All payments are made through PayPal or other services selected by Bucksoup in its sole discretion. If Bucksoup owes any Producer less than $25 for sales, we reserve the right, at our discretion, to roll such account balances forward until $25 is reached. It is your responsibility to update your contact information if it changes. If your account is inactive or terminated and we are unable to contact you using the contact information provided, we may also, at our discretion and without prejudice to any other rights we may have, charge a termination fee equal to the total amount of sales proceeds owed to you, to cover administrative and other costs.
27. In connection with the promotion and sale of any Title through the Services, Producers shall not offer or provide to Users any “kick-backs”, revenue shares, commissions or other share of sales proceeds paid or payable by Bucksoup.
28. Producers shall provide Bucksoup with any and all additional taxpayer information as required by the United States Internal Revenue Service (“IRS”) for the purposes of information reporting and withholding.
29. You will have the right to close your shop and your Bucksoup Producer account at any time, by clicking on the [“Delete Shop”] or [“Delete Account”] button on our website (see FAQs) or by contacting us at info@bucksoup.com. We will remove your Titles and terminate your account as soon as practicable following receipt of your request. Any unpaid balance of net sales proceeds will be payable to you within 30 days following the closure of your account.  Once we remove your shop and Titles from the Site, they will not be retrievable, even if you reactivate your account. However, the inclusion of some Content on the Site (e.g., comments you may post on the Site) may be perpetual and irrevocable.
30. STANDARD LICENSE TERMS between Producers and Users: Whenever a User purchases a Title through the Services, a contract is formed directly between the Producer and the User (a “Contract”).  All Contracts shall be governed by the following Standard License Terms:

 

31. A Producer and User may agree to terms in their Contract that supplement or modify the Standard License Terms; however, nothing in such Contract will in any way limit or modify Bucksoup’s rights or the Terms governing any party’s use of Bucksoup Services. These Terms will govern and supersede any term or condition in any side agreement between any Producer and User that purports to expand Bucksoup’s obligations or restrict Bucksoup’s rights under these Terms.
32. Each Producer and User agrees and understands that: (a) the Site is merely a venue where Producers and Users may conduct business; (b) Bucksoup is not a party to the Contracts between Producers and Users; (c) Bucksoup does not, in any way, monitor, supervise, direct, or control any Producer’s work or work product or any User’s use of any Title; (d) Bucksoup shall not have any liability or obligations under or related to Contracts or any acts or omissions by Producers or Users; and (e) Bucksoup makes no representations or warranties as to the merchantability, fitness for any purpose, noninfringement, character, nature, content, components, originality, authenticity, validity, accuracy, completeness, legality, security, utility, fair value or valuation, or quality of any Title, and Bucksoup disclaims any and all liability relating thereto. 
33. Producers and Users agree that Bucksoup does not guarantee or warrant any User’s or Producer’s performance under any Contract. Titles are published and sold through the Services without representations or warranties of any kind, express or implied, by us, our affiliates, subsidiaries, representatives or agents. Bucksoup assumes and undertakes no responsibility for reviewing or testing the quality any Title.  
34. All disputes with respect to Contract obligations must be resolved independently by the Producers and Users who are parties to such Contract. Bucksoup has the right, but not the obligation, to suspend or cancel your access to the Site if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms or violated our rights or those of another party. Without limiting Bucksoup’s other remedies, we may suspend or terminate your account, use self-help in connection with our rights to reclaim any available funds, and refuse to provide any further access to the Site to you if (a) you breach these Terms or other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our customers or for Bucksoup. Once suspended or terminated, you may not continue to use the Site under a different account or reregister under a new account. If you attempt to use the Site under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment method to pay for any amounts outstanding. When your account is canceled, you may no longer have access to any parts of the Site, including data, messages, files and other material you keep on Bucksoup. 
35. Each User and Producer agrees to indemnify, hold harmless and defend Bucksoup from and against all losses, damages, costs and expenses arising out of or related to any claim that such User or Producer has violated any Contract or other agreement with any other user of the Services.

General terms of use of all Services

Information about you

36. You agree the information you provide when you register to use the Services will be true and accurate and kept up to date by you. You agree not to enter false information or impersonate any other person when you use the Services. You must be 18 years of age or older to use the Services.
37. Our Privacy Policy is incorporated herein by reference. By using this Site or other Services, you consent to the use of your personal information including but not limited to your email address for contacting you pursuant to our Privacy Policy.

Use of Services

38. You agree to use the Services only for lawful business purposes and not for any illegal or unauthorized purpose. You shall not upload or otherwise transmit to or through the Services any viruses or other malicious software code. You will not do anything to disrupt the operation of the Services, interfere with anyone’s use of it, corrupt or change the contents of the Site, damage the systems running the Services, or otherwise do harm to the Services and their normal operation. You will not access the non-public areas of the Site for any reason except as permitted by us using your Bucksoup login credentials. You may access Services only through the Site pages, Bucksoup applications and interfaces made available to you for such purpose. Accessing Services using web robots or other automated access methods is prohibited.
39. We may provide you with one or more user ID’s, initial passwords and/or other credentials for you to access the Services. It is your sole responsibility to keep all user IDs, passwords and other means of access to the Services within your possession or control confidential and secure from unauthorized use. All identity information associated with a Bucksoup account must be real and verifiable. Each Bucksoup account must be used by only one person, and each person is allowed to use only one account. Bucksoup reserves the right to validate Producer and User information at any time by any lawful means.
40. Bucksoup is not a personal services company and does not provide creative, technical or consulting services or manage, review or supervise individual Producers or their work. We do not require Producers or Users to verify their identities or backgrounds.  We are not legally responsible for any remarks, information or other content posted or made available through the Services by any Producer, User or third party, even if such information or content is defamatory or otherwise legally actionable.
41. Producers and Users agree to use good judgment when posting information, comments, feedback or other content regarding other users of the Services, Bucksoup or any third party. You may be held legally responsible for damages suffered by any other persons as a result of legally actionable or defamatory comments, remarks, or other information or content you post to the Services. Any offer, attempt or act to falsify feedback, manipulate or coerce another user by threatening negative feedback or to sell or buy any Title, other product or service in exchange for feedback is strictly prohibited. We reserve the right to remove or restrict access to any information or content posted or made available through the Services if ordered to do so by a government authority or if Bucksoup considers such information or content to be in violation of these Terms.
42. Unless specifically requested, please do not send us any confidential information or material. Any information, proposals, requests, manuscripts, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, concepts, methods, designs, plans, techniques or other materials submitted, posted, uploaded, sent or otherwise transmitted to us on or through the Services in any manner, or by email (collectively, “Content”), will be deemed to be not confidential or secret, and may be used by us in any manner consistent with these Terms (including our Privacy Policy). You are solely responsible for all Content you post or upload to the Services. With respect to Content, excluding Titles submitted using our publication tools and personal information governed by our Privacy Policy, you grant to Bucksoup a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, transferable right and license to use, display, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, perform, make, sell and export such Content, in whole and in part, through the Services or in any formats and through any media, as we see fit, and you shall have no claims against Bucksoup for such use or non-use. Although Bucksoup may maintain copies of your Content, we are not required to do so and we may delete or destroy any such Content at any time.
43. You agree not to use or permit the use of the Services directly or indirectly for any of the following:

A. Disclosing personally identifying information or private information of any person without his or her consent;
B. Posting or sending material that is grossly offensive, obscene, lewd, lascivious, pornographic, profane or violent, harassing or otherwise objectionable, libelous, defamatory or threatening or that promotes or encourages hatred, violence, racism or criminal conduct;
C. Uploading or spreading computer viruses, worms, Trojan horses, spyware or other harmful code;
D. Infringing the intellectual property rights or misappropriating trade secrets of any third party;
E. Fraudulently inducing the purchase of goods or services or disclosure of information by any User;
F. Selling or marketing illegal products or services;
G. Selling or marketing products or services or soliciting funds or information in a manner that is prohibited by applicable law or regulation;
H. Deceiving any other user of the Services regarding the identity of you or your organization.

Ownership of Services

44. Bucksoup is only providing you with the right to access and use the Services. Bucksoup retains sole and exclusive ownership of and all right, title, and interest in and to the Services (including ownership of all trademarks, logos, including the Bucksoup name and “bug” logo, trade dress, copyrights, Site content, applications, interfaces, software and source code, trade secret rights and other intellectual property rights and interests pertaining to the Services, but not including your Content) and to all modifications, enhancements and derivatives thereof, subject only to the licenses and privileges expressly granted to you under these Terms. In addition, the Services are presented with a distinctive “look and feel,” and this “look and feel” is the proprietary property of Bucksoup. Bucksoup reserves all rights in and to the Services not expressly granted under these Terms.
45. The Services are protected by U.S. copyright laws and international treaty provisions. You may not use, copy, modify, or distribute the Services (electronically or otherwise), including the source code for any portion of the Services, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by us in writing. You may not modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Services. You may not transfer, lease, assign, rent, or sublicense the rights granted to you under these Terms, or make the Services available for the use of others through your User ID. You may not use any portion of the Services or any standalone utility provided for use with the Services for any purpose other than its intended purpose.
46. You shall not remove, modify or copy any Bucksoup or third-party trademarks accessed through the Site. All third-party marks are the properties of their respective owners and may be used by you only in connection with use of the Services and for no other purpose whatsoever.
47. The Site and any Services may be modified, revised, suspended or discontinued in whole or in part, either temporarily or permanently, with or without notice, in our discretion. No resale, sale or use for commercial purposes of any portion of the Services is authorized or permitted except with our prior written consent in each instance. We reserve the right in our discretion to deny access to the Services by or through any person, network or device.
48. Notwithstanding any provision of these Terms, Bucksoup may establish, promote and sell Titles through its own shops for demonstration or commercial purposes. Users purchasing such Titles remain bound by these Terms. 

Third-party content and services

49. We assume no responsibility or make any representation or warranty with respect to websites or services owned and operated independently by third parties (including but not limited to our partners or affiliates) which may be accessed by you or other users through links on the Site or otherwise from the Services.

Copyright notices

50. We will not knowingly publish content in violation of applicable copyright law. If you believe content has been displayed, reproduced, printed or otherwise distributed by us through this website in violation of any third-party copyright, please notify us in writing. Send your notice to Bucksoup, info@bucksoup.com, attention: Legal, and include the following:

A. electronic or physical signature of a person authorized to act for the copyright owner
B. description of the copyrighted work
C. description of where the infringing content is located on the Site or Services 
D. your office or home address, telephone number and email address
E. a statement of good faith belief that the use of the work is not permitted by the copyright owner, and
F. a statement under penalty of perjury that the above is true and you are authorized to act for the owner.

DISCLAIMERS

51. THE SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR ERRORS. NOT ALL DATA OR COMMUNICATIONS SENT THROUGH THE SERVICES WILL BE RECEIVED BY OR WILL BE CAPABLE OF BEING VIEWED BY THEIR INTENDED RECIPIENTS. OUR SYSTEMS MAY NOT PREVENT THE CORRUPTION OR LOSS OF YOUR CONTENT. THE SERVICES MAY NOT BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS. WE ASSUME NO LIABILITY FOR SUCH INCIDENTS OR CONDITIONS. ALL SERVICES, INCLUDING BUT NOT LIMITED TO CONTENT POSTED BY YOU OR OTHER USERS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.
52. WITHOUT LIMITING THE FOREGOING, BUCKSOUP MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (II) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

LIMITATION OF LIABILITY

53. EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, BUCKSOUP, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNATIVE OR INCIDENTAL DAMAGES OF ANY KIND RELATING TO YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, LOST BUSINESS, INJURY TO REPUTATION, LOSS OF CONTENT OR LOSS OF DATA. FURTHERMORE, EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, THE COLLECTIVE MAXIMUM LIABILITY OF BUCKSOUP, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AGENTS FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL FEES AND CHARGES EARNED, RECEIVED AND RETAINED BY BUCKSOUP (NET OF PAYMENTS TO PRODUCERS) RELATING DIRECTLY TO YOUR USE OF THE SERVICES WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
54. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF CLAIMS OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL LIABILITIES.

Indemnification

55. You agree to indemnify and hold harmless Bucksoup, its subsidiaries, affiliates, members, managers, directors, officers and employees, from and against any and all liabilities, damages, losses, costs or expenses (including but not limited to reasonable attorneys’ fees) arising from or relating to any third party claim, action, proceeding, investigation or demand asserted against Bucksoup based on: (a) any actual or alleged infringement of any intellectual property rights or interests of any third party attributable to any Title or other Content uploaded, submitted, posted, published or distributed by you using the Services; (b) any breach of these Terms by you or anyone accessing the Services using your Bucksoup credentials; (c) any violation of law, regulation or third party rights in connection with your use of the Services; or (d) any complaint by any other user of the Services or by any third party with respect to your Titles or Content or any actual or alleged Contract, agreement or transaction made or performed by you using the Services.

Termination

56. Your right to access and use Services shall terminate immediately upon your breach of any Terms. In the event of termination of your rights or our Services for any reason, you will continue to be responsible for amounts payable to Bucksoup hereunder, for compliance with applicable laws and regulations regarding your sale or purchase of any Title and publication of any Content, your performance of any Contract made by you using the Services, and for any damages and indemnification obligations resulting from your use of the Services.

Miscellaneous

57. Your access to and use of the Services is also governed by information, guidelines and policies made available on the Site. To the extent that there are any conflicts between the terms and conditions of these Terms and the Site, these Terms will govern. 
58. Nothing express or implied in these Terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective permitted successors or assigns, any rights, remedies, obligations or liabilities whatsoever. You may not assign any of your rights hereunder and any purported assignment by you shall be invalid. We may assign any and all rights or obligations under these Terms in our discretion.  
59. If you are provided with any standalone software utilities for use with the Services, you acknowledge that these utilities may be subject to regulation by local laws and United States government agencies which prohibit export or diversion of certain products, information about the products, or direct products of the products to certain countries and certain persons. You represent and warrant that you will not export or re-export such software in violation of these regulations to a national destination prohibited under these regulations or to any person to whom exports, re-exports or transfers are prohibited under these regulations.
60. You are prohibited from using the Site and Services if you are (a) a citizen or resident of a country in which such use is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. or other sovereign country sanctions or embargoes, including without limitation Russia, Cuba, Iran, North Korea, Sudan and Syria; or (c) an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations, or other economic sanction rules of any sovereign nation.
61. You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to Bucksoup for which Bucksoup may not have an adequate remedy in money or damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. Bucksoup’s right to obtain injunctive relief will not limit its right to seek or obtain further remedies.
62. Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

Governing Law and Arbitration

63. These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its choice of law principles. By using this Site or other Services and/or providing us with your personal information, you waive any claims under the laws of other countries or territories located outside of the United States or states other than California relating to our provision of Services or processing of your information pursuant to these Terms. Persons who access the Site and Services from other locations do so on their own initiative and are responsible for compliance with any applicable local laws. You agree that any dispute arising out of your use of the Services or these Terms will be finally determined by binding arbitration before a single arbitrator in accordance with the rules of the America Arbitration Association (including the Supplemental Procedures for Resolution of Consumer-Related Disputes if applicable). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall be conducted in the English language in Los Angeles, California.

Updated:  November 15, 2023