This is an agreement (“Agreement”) between 310816 Entertainment (“we”, “us”, “our”, company”, “310816 Entertainment”) and you, an End User (either an individual or an entity) (“you”,”user”, “yours”, or”subscriber”) of applications, services and software (“Service”) as described herein. By establishing, activating, using, or paying for the Service, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms, and to the prices, charges, and conditions provided to you in association with your enrollment. This Agreement governs the license, installation and use of the Service available to you through various digital marketplaces, as well as the use of related services provided by us including, but not limited to web-based services, application services, reporting services and agency services. If you do not agree to these terms, do not purchase access to the Service, do not use the Service and immediately delete the Service from any device the Service was installed on and/or accessed. We reserves the right to modify these terms without notice. Your continued usage of the Service constitutes your acceptance of these terms. Violation of any terms will result in suspension and/or termination of your account with us.
Reasonable use policy
310816 Entertainment has prepared this Reasonable Use Policy (“Policy”) as a guide for its customers to understand the intended and permissible uses of our service, and to prevent exploitation, fraud, and abuse of its unlimited plans and features. This Policy is based upon the relevant provisions in our Terms of Service and is applicable to all our services.
Normal, Reasonable Use
310816 Entertainment’s service is engineered to process and deliver utilization levels of our typical customers’ patterns (hereafter also referred to as “normal” use). “Unlimited” refers to that type and level of usage. “Typical” refers to the patterns of at least 95% of our customers on a particular plan. Normal traffic profiles and utilization do not include service levels that may arise from business, multiple or extended family, community or fraudulent use. “Unlimited” does not refer to those types and levels of usage. Utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, on a class of service may create network congestion that will manifest itself in increased issues for themselves and others.
310816 Entertainment’s unlimited service plans and features are only for single (and not extended or multi- or personal, non-commercial) or co-branded use only. Co-branded use is defined as 310816 Entertainment’s service that is provided by a third party partner under that third party partner’s marketing brand, with or without reference to 310816 Entertainment. This means that only the account holder, may use 310816 Entertainment’s unlimited service plans. If your service plan allows you to extend the service or feature(s) to another individual, all use under that service plan is aggregated and must conform to single or co-branded use.
Normal, Reasonable Mobile and Business Use
310816 Entertainment unlimited service plans and features are for normal commercial use and are not device specific. 310816 Entertainment’s unlimited business service plans and features are for normal business use. Normal, reasonable use on 310816 Entertainment’s unlimited plans must be in accordance with this Reasonable Use Policy, our Terms of Service and consistent with the types and levels of usage by typical customers on the same business plan. Unauthorized or excessive use beyond that normally experienced by typical business customers may create network congestion that will manifest itself in increased issues for themselves and others, and may result in service termination.
310816 Entertainment evaluates customer usage in comparison to typical levels of permissible usage engaged in by legitimate customers.
Each of the following is impermissible under 310816 Entertainment’s unlimited plans and considered outside of normal business use:
- sharing access with others who are not registered users
- operating outside of intended business purpose
- operating any other enterprise, including not-for-profit or governmental
- resale to others
- excessive image upload beyond intended use.
- use of bots
- inordinate amount of project sharing
- excessive use of storage capacity beyond typical usage
Most users do not have any unusual usage patterns in terms of unique data usage, image uploads and so on. A customer’s aggregate usage may be considered outside of normal use if it exceeds typical intended use in a manner unsustainable for 310816 Entertainment to continue to provide a service to complying users. Other abnormal usage patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy will result in account suspension or deletion.
Based on such a combination, 310816 Entertainment may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers on the same plan, and may take appropriate steps described below to enforce this Policy and the Terms of Service (“310816 Entertainment’s”).
310816 Entertainment may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of uploads or shares used is not excessive, when a customer’s patterns during more than one month reflect excessive:
- unique documents;
- document lengths;
- frequency of uploads;
- sharing access;
- short duration usage;
- number of uploads made during a month;
- number of uploads made to the service during a month;
- support messages made during a month;
- number of logins terminated and re-initiated consecutively, which, in the aggregate, result in excessive use during a specific time frame; or
- other patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy
For Lawful and Appropriate Purposes Only; 310816 Entertainment’s Rights
You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party’s intellectual property or personal rights.
We reserve the right to review your account and take further action, including, but not limited to, immediate suspension of your 310816 Entertainment service if account usage is beyond normal standards for typical customers on the same plan, impermissible or detrimental to other customers’ ability to use the service or adversely affects our operations. We may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers on the same plan(s). If we determine that you are engaging in abnormal or impermissible usage, we will use commercially reasonable efforts to inform you and may provide you with the opportunity to correct the improper usage. If we afford you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your service to a more appropriate plan, charge applicable rates for that plan, implement other limitations or suspend or terminate your service with or without notice. If we believe that our service has been used for an unlawful purpose, we may immediately terminate your service with or without notice and/or forward the relevant communication and other information to the appropriate authorities for investigation and prosecution. We reserve all of our legal rights.
310816 Entertainment reserves the right to change this Policy at any time. Changes shall become effective when a revised Policy is posted to the releaseform.app website.
310816 Entertainment grants you a limited, revocable, non-exclusive, non-transferable license to download, install and use the Service on device(s) strictly in accordance with the terms of this Agreement.
The Service is offered as free or paid. The paid Service is offered on a month-to-month payment basis.
You agree not to, and you will not permit others to:
- rent, lease, sell, license, assign, transmit, host, distribute,outsource, disclose or otherwise commercially exploit the Service or make the Service available to any third party.
- modify, copy, clone, disassemble, decrypt, reverse compile or reverse engineer any part of the Service.
Modifications and updates
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Service or any related service to which it connects, with or without notice and without liability to you.
From time to time we may provide changes, enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades, changes, removals and other modifications (“Changes”).
Changes may add, modify or delete certain features and/or functionalities of the Service. You agree that we have no obligation to (a) provide any Changes, or (b) continue to provide or enable any features and/or functionalities of the Service to you.
You further agree that all Changes will be (a) deemed to constitute an integral part of the Service, and (b) subject to the terms and conditions of this Agreement.
The Service may display, include or make available third-party content (including, but not limited to, data, information, applications and other products or services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Suspension and Termination
We may at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. You may terminate this Agreement by uninstalling and/or deleting the Service and all copies thereof from any device the Service was installed on and/or accessed.
Upon termination of this Agreement, you shall cease all use of the Service and delete the Service from any device the Service was installed on and/or accessed. Upon termination of this Agreement all rights granted to you under this Agreement will also terminate.
Termination of this Agreement will not limit any of 310816 Entertainment rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Intellectual Property Rights
Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from us to you. The Service, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of 310816 Entertainment.
You agree to indemnify, defend and hold harmless 310816 Entertainment and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Service or your breach of this Agreement. Furthermore, you agree that 310816 Entertainment assumes no responsibility for the content you submit or make available through the Service.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will 310816 Entertainment or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Service or the content and services for: (a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages; (b) direct damages in amounts that in the aggregate exceed the amount actually paid by you for the Service.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or company was advised of the possibility of such damages.
Disclaimer of warranties
The Service is provided to licensee “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, 310816 Entertainment, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limiting the foregoing, neither 310816 Entertainment nor any 310816 Entertainment’s providers, partners and/or affiliates make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of 310816 Entertainment are free of viruses, scripts, trojan horses, worms, malware or other harmful components.
Without limitation to the foregoing, 310816 Entertainment provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
You may not export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Service, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
We reserves the right, at our sole discretion, to modify or replace this Agreement at any time with or without notice. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and you shall cease all use of the Service and delete the Service from any device the Service was installed on and/or accessed.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
The laws of New York, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
If you have any questions about this Agreement, please contact us by sending an email to firstname.lastname@example.org
The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services owned and/or provided by us, which we will provide to you at the time of such use or purchase.