Terms of Service

Welcome to 1Point3Acres!

This agreement is a legally binding agreement between 1Point3Acres, LLC and its affiliates (collectively, "1Point3Acres", "Us" or "We") and you concerning access to and use of the mobile apps and the website(s) (collectively, the "Site"), and the subscription service ("Service") provided by 1Point3Acres. These Terms also apply to any features, content, software, functionality that are, or may be, available through the Service or Site or that interact with the Service and post these Terms.

Please read these terms and conditions of use ("Terms", "Terms of Use", or "Agreement") carefully. If you do not agree to these Terms, please do not use the Site and/or the Service.

1. ELIGIBILITY:

To be eligible to access the Site and/or the Service, you must meet the following criteria (the "Eligibility Criteria"):

(a) You must create and activate an account with 1Point3Acres; and
(b) You must obey our general community standards (the “Community Rules”)

If 1Point3Acres believes any information associated with your account does not meet the Eligibility Criteria, or that you have otherwise violated this Agreement or any law, we have the right at our sole discretion to suspend, terminate or refuse you access to the Service, your account and/or the Site and any of its resources.

2. CHANGES TO TERMS:

1Point3Acres reserves the right to modify the terms and conditions of this Agreement or to change, modify or otherwise alter any feature of the Service and/or the Site at any time in its sole discretion. Changes to this Agreement may be communicated to you by making the revised Agreement available for your review on the Service and/or the Site. Please review the Terms and Privacy Policy periodically for any changes. The date that these Terms were last modified can be found at the end of this Agreement. Any modifications to this Agreement, including, but not limited to, any modifications to the warranty disclaimers or limitations of liability contained in this Agreement, will supersede the prior Agreement provisions for all activity occurring after the revised version has been made available.

To the extent any change materially impacts the availability of the Service, such as a change to your Subscription, in addition to posting the revised document on the Service, we will communicate such a change directly to you via the email address associated with your account. Your continued use of the Service and/or the Site after the changes come into effect and, in the case of any Subscription, your failure to cancel the same within the relevant notice period, will mean you accept and agree to be bound to the changes.

3. CONSENT TO ELECTRONIC COMMUNICATIONS:

Your registration and use of the Service constitutes consent to receiving electronic communications from 1Point3Acres regarding your account. You agree that any such communications will satisfy any legal requirements, such as that notice be provided to you in writing. You also consent to receiving promotional messages, offers, surveys, and requests electronically.

If you no longer want to receive non-transactional communications, you may unsubscribe at any time using the link at the bottom of the electronic communication. Please note that changes made to your notification settings may not take effect immediately, and there could be a delay before your new settings become effective.

4. REPRESENTATIONS:

By accessing, previewing, or otherwise using the Service in any manner, you represent and warrant that you are a subscriber with an account in good standing. You represent and warrant that you have read and agree to abide by this Agreement, and that you have read and are aware of and in agreement with our Privacy Policy.

5. LICENSE:

1Point3Acres grants you a limited, non-exclusive, non-transferable license to access the Site on your personal Internet-connected devices, solely as provided in this Agreement for your personal use and only as long as you continue to meet all of the Eligibility Criteria and are not otherwise in breach of this Agreement. Please note that in order to access the Service and/or the Site, your device must be connected to the Internet, and you will be solely responsible for the cost and maintenance of any such Internet connection. Additionally, the Service will only operate on certain hardware and software platforms. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the Service. Please check the requirements periodically, as 1Point3Acres reserves the right to change or cease support of any hardware or software platforms at any time.

This license will enable you to access video, audio, graphics, photos, text, special features, and/or messages (collectively "Content") via the Service and/or the Site in accordance with the terms of this Agreement during the timeframe in which your account is active and for the duration of the access window for each individual Content item.

Account sharing is strictly prohibited. Any unauthorized copy of the Service, the Site, Content, underlying software, or any portion thereof will constitute a violation of copyright. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and the Site.

1Point3Acres may control the maximum amount of Content per account (across all Content on the Service) regardless of the number of devices on which the Service is available. 1Point3Acres may change the maximum amount of Content and/or registered devices per account that you may use at any time, in its sole discretion. 

6. PAYMENT FOR SERVICE:

The Service

1Point3Acres creates and maintains a digital credit system that defines the level of user access to the features, content, and functionality of the Site. Such credits are rewarded to users based their long-time engagement and high-quality contributions to the Site. The Service allows subscribers to bypass such credit requirements and immediately obtain the highest user access level.

Payment

1Point3Acres does not process payment to the Service directly. 1Point3Acres uses third-party payment processing services (the "Payment Processors") from Paypal, Stripe, Alipay, WeChat and Yuansfer for all payment processing. You will be provided with options to select a Payment Processor at your will.

You must provide a current and valid method of payment, such as a credit card or debit card (a "Payment Method"), to the Payment Processor. Your Payment Method provided will be processed by such Payment Processor and not through 1Point3Acres. Any inquiries related to payments through your Payment Processor should be directed to your Payment Processor directly. You are responsible for all charges incurred in connection with your Subscription.

7. AUTO-RENEWAL AND BILLING

Your subscription will not be automatically renewed if you purchase a subscription with a fixed time period such as one month, six month or one year, or with a fixed amount of digital credits in any form.

If you purchase a subscription with automatic renewal, you agree to pay 1Point3Acres a subscription fee and any applicable taxes and service fees on a designated cycle for the Service (collectively, the "Subscription Fee") through the Payment Processor. Subject to Paragraph 8 ("Promotional Offers"), the first Subscription Fee will be charged to your Payment Method on the date the Payment Processor processes your Subscription purchase. Thereafter, the Subscription Fee will be charged to your Payment Method by the Payment Processor on a recurring basis in accordance with your designated cycle.

Billing Cycle

Your billing will be processed by the Payment Processor. The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your Subscription.

Subscription Price Changes

1Point3Acres reserves the right to change the price for a Subscription to the Service in its sole discretion and will be responsible for communicating any price changes to you in accordance with the law.

Updating Payment Method

You may update your Payment Method at any time by accessing your account with the Payment Processor.

If at any time the Payment Processor is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee.

A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, 1Point3Acres reserve the right to suspend your account and access to the Service, until such time as the Payment Method has been updated to permit the Payment Processor to charge the Subscription Fee.

Cancellation

You can cancel your Subscription at any time. You must cancel your Subscription before it renews for a subsequent month in order to avoid being charged for the next month's Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly Subscription period.

Since 1Point3Acres does not process payment directly, you agree that you will cancel your Subscription directly with the Payment Processor.

8. No Refunds

REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH. In such a circumstance, you will continue to have access to your Subscription until the end of the monthly billing cycle. 1Point3Acres reserves the right to offer refunds, discounts or other consideration in select circumstances at our sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.

You agree that NO REFUNDS OR CREDITS WILL BE PROVIDED IF YOUR ACCOUNT IS SUSPENDED OR TERMINATED in accordance with Paragraph 13 (“Suspension and Termination”).

9. PROMOTIONAL OFFERS:

No refunds, adjustments or price protection will be applied to your Subscription Fee in the event of a new/subsequent discount or promotional offering after you sign-up for the Service.

As a condition of these Terms, you agree not to register multiple times for the same promotional offer using multiple names, addresses, email addresses or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your account.

10. COPYRIGHTS AND TRADEMARKS:

The Service and the Site, and all materials incorporated in the Service and the Site (including, but not limited to text, photographs, graphics, video and audio) are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights under laws of the United States and other countries. The copyright proprietors have licensed this Content for private use only and not for public exhibition. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under U.S. laws. In particular, as of the date of publication of these Terms, criminal copyright infringement, including without monetary gain, is investigated by the FBI and is punishable by up to 5 years in prison and a fine of $250,000.

Some of the characters, logos or other images incorporated by 1Point3Acres on the Service and the Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by 1Point3Acres ("Trademarks"). All other trademarks are the property of their respective owners. Use of the Trademarks of 1Point3Acres or of any other party is not authorized in any manner other than as incorporated into the Service and the Site.

11. POSTINGS:

(a) To the extent that use of the Service and/or the Site provides you or other users an opportunity to post and exchange information, content, ideas and opinions ("Postings"), be advised that 1Point3Acres does not screen, edit, or review Postings prior to their appearance on the Service or the Site or elsewhere, and Postings do not necessarily reflect the views of 1Point3Acres. To the fullest extent permitted by applicable laws, 1Point3Acres excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the Service or the Site or elsewhere. 1Point3Acres reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of this Agreement or in violation of the Community Rules and notions of decency. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material, content and information they contain and that such Postings shall not infringe any proprietary right, intellectual property right or other rights of third parties.

(b) Please act responsibly when using the Service and/or the Site. You may only use the Service and/or the Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Service and/or the Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if any third party claims that material you have contributed to the Service and/or the Site is unlawful, you will bear the burden of establishing that it is lawful.

(c) After creating a post using the Service and/or the Site, within 30 minutes, you may continue to edit the post. After the 30-minute time limit, you will not be able to edit the post but the Service and/or the Site provides a Supplement function for you to add new updates to your post and all such updates will be displayed together with the post.

(d) You agree that you will not delete any of your posts. You may submit a request for deletion to our support team but the decision is at our sole discretion.

12. COPYRIGHT NOTICE:

If you believe that any content appearing on the Service and/or the Site has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to our support team:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of where the alleged infringing material is located;
• 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;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• 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 authorized to act on the copyright owner's behalf.

Our support team can be reached via the following link:
https://www.1point3acres.com/contact

13. SUSPENSION AND TERMINATION:

1Point3Acres may suspend or terminate your Subscription and access to the Service, Site, and/or your account immediately for any reason or for no reason whatsoever, including if 1Point3Acres reasonably determines that you are in violation of this Agreement or the Community Rules or receives information that you no longer meet the Eligibility Criteria. In such an event, you must cease all use of the Service and the Site. The suspension or termination of your Subscription is in addition to, and not in lieu of, any rights and remedies available to 1Point3Acres under this Agreement or under applicable laws.

This Agreement is effective until terminated; however, your past and any future use of the Service and/or Site shall be governed by the terms of this Agreement. Your rights under this Agreement will terminate automatically without notice from 1Point3Acres if you fail to comply with any term(s) of this Agreement.

14. RESTRICTIONS ON USE OF MATERIALS:

(a) You may not copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense or in any way exploit any part of the Service and/or the Site, or attempt to interfere with the operation of the Service in any way, except that you may access and display material and all other Content displayed on the Service for non-commercial, personal use for a limited time only as strictly authorized herein. You may not use any data mining, robots, virus, worms, bugs, or similar data gathering and extraction tools on the Service or on any portion of the Service and/or the Site, or frame any portion of the Service and/or the Site, or attempt to tamper, hack, corrupt, or impair the administration and/or security of the Service and/or the Site. Without limiting the generality of the foregoing, you may not distribute any part of the Service over any network, nor sell or offer it for sale. You may not assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without 1Point3Acres's prior written consent which may be withheld in 1Point3Acres's sole discretion (and any such purposed assignment, pledge or transfer without such prior written consent shall be void ab initio). In addition, these files may not be used to construct any kind of database. You acknowledge that your use of the Service and your account is non-transferable. Any authorization to copy material granted by 1Point3Acres in any part of the Service and/or the Site for any reason is restricted to viewing a single copy for non-commercial, personal use only, and is subject to your keeping intact all copyright, trademark and other proprietary notices. Using any material on any other service or networked computer environment is prohibited. Also prohibited are: hacking, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software or digital rights management feature on the Service and/or the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software or any feature of the Service and/or the Site, or intercepting and/or recording network communications transmitted between the Service and/or the Site and 1Point3Acres.

(b) 1Point3Acres respects the intellectual property rights of others and asks users of the Service and the Site to do the same. 1Point3Acres reserves the right, at any time, to prosecute any violation of copyright or other intellectual property laws to the fullest extent of the law, including both civil and criminal penalties.

15. CUSTOMER SERVICE:

For all inquiries related to the Service or the Site, please visit our FAQ's via the following link: https://www.1point3acres.com/bbs/misc.php?mod=faq

If you are unable to resolve your question using the Help Center, please contact our support team via the following link: https://www.1point3acres.com/contact

16. DISCLAIMER OF WARRANTIES:

YOUR USE OF THE SERVICE AND/OR THE SITE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICE AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 1POINT3ACRES AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 1POINT3ACRES AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 1POINT3ACRES AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT IN THE SERVICE, THE SITE, OR ANY SITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

17. LIMITATION OF LIABILITY AND TIME LIMITATION FOR CLAIMS:

1POINT3ACRES AND ITS AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO FAILURE OF PERFORMANCE, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, WORM, TROJAN HORSE PROGRAM OR DISABLING CODE, DELAY IN OPERATION OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE AND/OR THE SITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT ON THE SERVICE AND/OR THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF 1POINT3ACRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT 1POINT3ACRES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. YOU ASSUME THE RISK IN USING THE SERVICE AND/OR THE SITE AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE AND/OR SITE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT WITH JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 26 (DISPUTE RESOLUTION), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE. YOU AND WE EACH WAIVE-THAT IS, GIVE UP-THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.

18. HYPERLINKS TO AND FROM THIRD PARTY SITES:

The Service and/or the Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of 1Point3Acres, and you acknowledge that (whether or not such sites are affiliated in any way with 1Point3Acres) 1Point3Acres is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the Content of such sites. The inclusion of such a link does not imply endorsement of any site by 1Point3Acres.

19. SYSTEM ABUSE:

(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Service and/or the Site.

(b) You are prohibited from using crawlers, browser plugins or any other non-authorized automated means to access any content or resource, contained on the Service and/or the Site.

(c) You are prohibited from using any services or facilities provided in connection with the Service and/or the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited.

(d) If 1Point3Acres believes that you have engaged in any fraudulent activity in connection with your use of the Service and/or the Site, we reserve the right to take any action to remedy such activity, including without limitation, termination of your account.

20. INVESTIGATIONS/VIOLATIONS:

1Point3Acres reserves the right to investigate suspected violations of this Agreement, and may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. We may suspend any users whose conduct is under investigation and may remove such material from its servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these terms of this Agreement has occurred, we may warn users, suspend usernames and passwords, terminate accounts or take other corrective action deemed appropriate. We may also provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS 1POINT3ACRES AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 1POINT3ACRES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER 1POINT3ACRES OR LAW ENFORCEMENT AUTHORITIES.

21. INDEMNITY:

You agree to indemnify and hold harmless 1Point3Acres and its respective directors, officers, employees, contractors, shareholders, subsidiaries, affiliates, partners (collectively, the "Indemnified Parties"), from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Service's servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide us with such cooperation as is reasonably requested by us.

22. FORCE MAJEURE:

1Point3Acres shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.



IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE SITE AND/OR THE SERVICE.

Last updated: August 13, 2021