Your Acceptance: 316 Gifts, Inc. (“316 Gifts”) provides services to you under the following Terms of Use, which may be revised periodically without prior notice. These Terms of Use establish a legally binding agreement between 316 Gifts and you, governing your utilization of the Website. By accessing and/or using the www.threesixteengifts.com Website or any other websites and social media profiles owned or controlled by 316 Gifts (collectively referred to as the “Website”), you indicate your acceptance of both these Terms of Use and the 316 Gifts Privacy Policy, which is expressly incorporated into these Terms of Use. You are only authorized to use the Website if you agree to comply with all applicable laws and these Terms of Use. Please review these Terms of Use thoroughly. If you do not agree to these Terms of Use, refrain from using the Website.

Website Access: 316 Gifts grants you permission to use the Website in accordance with these Terms of Use, under the following conditions: (i) Your usage is for personal purposes only; (ii) You will not copy or distribute any part of the Website without prior written consent; (iii) You will not modify the Website except as necessary for its intended use; and (iv) You agree to abide by these Terms of Use. 

By accessing the Website, you confirm that you are of legal age to enter into a binding contract and are not prohibited by law from using the Website. You also agree to provide accurate and up-to-date information. Failure to do so may result in account suspension or termination. You agree not to use automated systems to access the Website, except for public search engines indexing materials for public use. You also agree not to collect personally identifiable information or use the Website’s communication systems for commercial solicitation purposes.

The Website: These Terms of Use are applicable to all users of the Website, including those who contribute information, ideas, or other materials or services. The Website may include links to third-party websites not owned or managed by 316 Gifts. 316 Gifts does not control, and is not responsible for, the content, privacy policies, or practices of any third-party websites. By using the Website, you release 316 Gifts from any liability related to your use of any third-party website.

CUSTOMER SERVICES AND OBLIGATIONS : You will be considered a “Customer” of Songlorious if you complete the online ordering process, submit the designated payment, and if We accept your order request.  Upon receipt and acceptance of your order, an independent third-party Music Artist will compose an original Song based on the Content and order specifications (such as length, mood, and voice preference) you’ve provided to Us.  We and the Music Artist reserve the right to decline any order or to not honor specific content or order requests that would violate these Terms.  We will then deliver to You a digital copy of the Song in the agreed-upon format and, if requested, publish a copy of that song to the specified online platform.

Upon delivery of the Song, We grant to You a perpetual, worldwide, royalty free, nonexclusive license to the Song for your personal use only.  You shall have no right to copy, sell, lease, publicly perform, license, distribute, or otherwise grant rights in and to the Song to others.  Additional license rights, including commercial use rights, may be granted by Us to You upon request.  No ownership rights in or to the Song will be transferred, assigned, or sold to You unless otherwise agreed upon in writing. 

​MUSIC ARTIST SERVICES AND OBLIGATIONS : By submitting an application to become a Music Artist, you agree to these Terms and you represent and warrant that you fulfill the Music Artist requirements listed on the application page.  If selected to become a Songlorious Music Artist, you will be granted access to potential Song orders.  Upon accepting a Song order, you agree to compose an original Song consisting of both music and lyrics that conforms with the details and Content in the order and by the stated deadline.  Upon submission of a Song in accordance with these Terms and the order, We will remit payment to You in the agreed-upon amount via the agreed-upon platform.  The sole compensation for composing a Song will be the amount stated in the order proposal and acceptance.  No additional compensation, including royalties, shall be to due to You.  Failure to deliver the completed Song by the deadline or to comply with the details and Content in the order will negate any requirement for payment from Us to You and We reserve the right to withdraw an order from any Music Artist at any time and for any reason or no reason.  You or We may terminate your role as a Music Artist at any time.

​Upon submission of a Song in response to an order, you hereby grant to Us a perpetual, nonexclusive, royalty-free, worldwide right and license to sublicense the Song to the Customer, to post the Song to Spotify or other online platform of Our choice, to monetize the Song via the online platforms, to reproduce the song, and to publicly post and perform the Song to promote You and 316. You shall retain all ownership rights and title in and to the Song subject to any Content incorporated into a Song that is licensed from the Customer.

By becoming a Music Artist, you hereby grant to Us the right to use your name, likeness, and biographical information to promote 316 and your actions as a Music Artist for so long as you remain a Music Artist.  If you cease acting as a Music Artist, all licenses to Songs shall remain in effect and 316, LLC shall retain the right to display your name in connection with Songs you composed.

Payment Terms: The cost of a 316 Gifts product or other offering is clearly stated on the respective page of our Website where you make the purchase. By making a purchase, you agree to fulfill all payments according to the payment terms applicable at the time of purchase, which may include service, transaction, or processing fees.

Payment: You can buy a 316 Gifts product by using a valid payment card with accurate payment details (Visa, MasterCard, or other accepted issuers). Your payment card usage is subject to your agreement with and the privacy policy of the respective payment card provider, not these terms.

Refunds and Revisions: Refunds for 316 Gifts products are All our songs are customized, i.e. written, composed, recorded on demand specifically for client hence we accept 100% payment in advance and there is no provision of Refund.

Intellectual Property Rights: The content generated by 316 Gifts, including text, graphics, photos, interactive features (“Content”), and the trademarks, service marks, and logos contained within (“Marks”), are either owned by or licensed to 316 Gifts, subject to copyright and other intellectual property rights under both U.S. and foreign laws, as well as international conventions. Content on the Website is provided to you AS IS for informational and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose without prior written consent from 316 Gifts or as expressly provided herein. 316 Gifts reserves all rights not expressly granted in and to the Website and the Content.

A user receiving a custom musical recording, consisting of a master audio recording and the original composition (“Master”), is granted a limited license to use the Master solely for personal use. Users do not have the right to copy, sell, lease, publicly perform, or license the Master. No ownership or rights of any kind in the Master are transferred, assigned, or sold to the user through its purchase via the Website. 316 Gifts may, at its discretion, grant users additional rights to share the Master solely through mechanisms provided on the Website or upload the Master for distribution on certain streaming services. Any such grant of additional rights does not alter or waive the rights outlined hereunder and is solely provided for users to enjoy and listen to the Master.

User Submissions: The interactive nature of postings on 316 Gifts means that we cannot take responsibility for materials posted by users. We do not endorse the ideas, opinions, or content submitted by users, and we make no guarantees regarding their reliability, accuracy, or quality. You acknowledge and accept any risks associated with using user-submitted content, including relying on its accuracy or completeness. Users are solely responsible for their own submitted content and its consequences. While you retain ownership rights to your submitted content, we expect users to adhere to standards of behavior and respect the legal rights of others. We do not guarantee confidentiality for any user-submitted content. We reserve the right to remove content and terminate user access to the Website at our discretion and without prior notice.

By submitting content (“User Submissions”), you agree not to submit any content that:

• Contains political or religious content.

• Promotes specific political parties, candidates, or religious beliefs.

• Includes hate speech or discriminatory rhetoric based on political or religious affiliations.

• Violates any applicable laws or regulations.

316 Gifts reserves the right to remove or suspend any User Submissions that violate this policy. Users who repeatedly violate this policy may have their accounts terminated.

This condensed version outlines the prohibited content without going into extensive detail. It provides clear guidelines for users while maintaining brevity.

Copyright Infringement: 316 Gifts respects the intellectual property rights of others and expects our users to do the same. Therefore, you may not post, modify, distribute, or reproduce any user-submitted content that is copyrighted material belonging to others without obtaining their prior written consent. We reserve the right to remove any user-submitted content that we believe may infringe copyright rights, and to terminate the accounts of users who are believed to be infringers.

If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you must send a written communication that includes the following:

– A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

– Identification of the copyrighted work claimed to have been infringed.

– Identification of the infringing material and information to locate it.

– Contact information of the complaining party.

– A statement that the complaining party has a good faith belief that use of the material is not authorized.

– A statement that the information provided is accurate, and the complaining party is authorized to act on behalf of the copyright owner.

Please send such written notice to our designated agent at:

DMCA Complaints

threesixteengifts.com

Email: info@316gift.com

Modifications to the Website: 316 Gifts reserves the right to modify or discontinue the Website, either temporarily or permanently, at any time and without prior notice. 316 Gifts shall not be held liable to you or any third party for any such modifications, suspensions, or discontinuations of the Website.

Termination: 316 Gifts may immediately terminate your 316 Gifts account and access to the Website and any other 316 Gifts service under certain circumstances and without prior notice. Causes for such termination may include breaches of the Terms of Use or other agreements, requests by law enforcement or government agencies, self-initiated account deletions, discontinuation or significant modification of the Website, technical or security issues, extended periods of inactivity, engagement in fraudulent or illegal activities, or nonpayment of fees owed. Termination of your account will result in the removal of access to the Website, deletion of account-related information and materials, and barring of further use of the Website. You agree that all terminations for cause will be at 316 Gifts’ sole discretion and that 316 Gifts will not be liable to you or any third party for any such termination.

Ability to Accept Terms of Use: By using the Website, you confirm that you are either at least 18 years old, an emancipated minor, or have obtained legal parental or guardian consent, and that you have the full capacity to agree to and comply with these Terms of Use. The Website is not intended for children under the age of 13, and if you are under 13 years old, please refrain from using the Website.

Assignment: You are not permitted to assign, transfer, delegate, or sublicense these Terms of Use, or any rights and licenses granted hereunder. However, 316 Gifts reserves the right to assign, transfer, delegate, or sublicense these Terms of Use without any restrictions.

Copyright Notice: The Website is the copyrighted property of 316 Gifts, Inc. © 2022. All rights reserved. No part of the Website may be copied, reproduced, transmitted, derived, or used for any purpose without prior written permission from 316 Gifts.

Trademarks: All trademarks associated with 316 Gifts are owned by Encore App, LLC and may not be used for any purpose without prior written permission from 316 Gifts.

Violations of These Terms of Use: To report any violations of these terms, including objectionable content or behavior, email info@threesixteengifts.com. Provide details and a link to the content or behavior in question. Upon receiving a report, 316 Gifts will investigate and take appropriate action as deemed necessary.

Updates to Terms of Use: Terms of Use last updated on March 14, 2024.