Reel Unlimited's Terms of Service

Last Updated: February 03, 2025

1. Acceptance of Terms

This Terms of Service document (“Agreement”) is established between Tarkle, Inc., doing business as Reel Unlimited (“we,” “us,” “our,” or “Reel Unlimited”) and you as the user. This Agreement outlines the rules and conditions for accessing and using our digital platform at www.www.reelunlimited.com and our regional websites including www.reelunlimited.com.au, reelunlimited.co.uk, reelunlimited.ca (“Website”) and all subscription-based design services (“Services”) we provide.

By visiting our Website or using our Services in any way, you confirm that you have reviewed, comprehended, and consent to follow this Agreement.

Our operations and Website are managed from our headquarters in Sheridan, Wyoming, United States. The content and materials on our Website may not be suitable or legally accessible in all regions. If you access our Website from outside the United States, you are responsible for following your local laws and regulations. We do not guarantee that our Website or Services are appropriate for use in locations outside the United States.

We may update this Agreement from time to time. By continuing to use our Website and Services after any updates, you accept the changes in their entirety. All updates are effective immediately upon posting. We encourage you to review the Terms of Service link on our homepage during each visit to stay informed of any changes.

2. Privacy Guidelines

Our privacy policy, available at www.www.reelunlimited.com/privacy (“Privacy Policy”), explains how we handle your personal data. Your continued use of our Website indicates acceptance of our Privacy Policy, which is part of this Agreement. If you disagree with how we handle personal information as described in the Privacy Policy, please exit our Website.

Users must be 18 years or older to use our Website. By using our Website and Services, you confirm that you are of legal age to form a binding contract with Reel Unlimited and meet all eligibility requirements outlined in this Agreement.

The Privacy Policy forms an integral part of these terms, and we encourage you to read it carefully to understand our data practices. We maintain appropriate technical and organizational measures to protect your personal information.

3. Service Provisions

3.1 When you follow this Agreement and maintain an active subscription with paid fees, you can access our Services. We strive to keep our Services running smoothly, except during scheduled maintenance and unexpected technical issues. We retain the right to change, update, or stop providing any Services without prior notification.

3.2 Your use of our Services must comply with this Agreement. You commit to provide true and complete account information, keep your account details current, maintain login credential security, report any unauthorized account access immediately, and take responsibility for all account activity. Every Service user needs their own unique login credentials. You must register valid email addresses for all authorized users. You agree to provide additional information when we reasonably ask.

3.3 You are responsible for having the necessary internet connection, devices, and technical setup to use our Services, including any related costs. This includes maintaining appropriate software, hardware, and internet connectivity required to access and use our Services effectively.

3.4 Reel Unlimited may end your account without advance notice if we determine you have:
– Broken this Agreement
– Not aligned with our business approach
– Shared account access
– Gone against our company values
– Misused our services or treated our team inappropriately
– Used services for unlawful purposes

3.5 When using AI features within our Services, you agree to follow the terms of our AI technology providers, which we will specify when you request AI content. These provider terms supplement our Agreement without replacing it. We maintain limited control over AI-generated content and cannot guarantee its accuracy, completeness, reliability, or ownership status. You acknowledge these limitations and assume responsibility for any AI-generated content use.

4. Service Usage Guidelines

4.1 Your subscription plan sets the parameters for project scope and volume. We accept design requests and revisions according to your plan terms, with delivery times varying based on request complexity and current workload. While we strive to accommodate your timeline requirements, our Services are not intended for time-sensitive or urgent projects.

4.2 Our design team maintains high standards of accuracy in all deliverables. Due to the inherent nature of creative work, certain adjustments may be necessary. You will have seven (7) days from file delivery to review and request any necessary changes. We will prioritize corrections reported during this review period. For change requests received after the seven-day window, although not required, we will endeavor to assist with needed corrections.

4.3 The productivity of your account correlates with your subscription level. A subscription unit represents our daily design capacity utilizing our team, technology, and platform resources. Output capacity fluctuates according to plan specifications, concurrent request volume, and task complexity. We do not provide guarantees for specific output quantities per subscription. Should you require increased daily design capacity, additional subscriptions are available.

4.4 You retain full ownership and control of any content, information, or materials (“Client Materials”) you provide for our Services. By submitting Client Materials, you certify your ownership or proper authorization to use them, and you grant Reel Unlimited worldwide permission to utilize these materials in delivering our Services, without additional compensation.

4.5 You maintain exclusive ownership, title, and all intellectual property rights to the Created Work we deliver. Under U.S. Copyright Law (17 U.S.C. §101), these materials qualify as “work made for hire” created for you. For any Created Work that may not qualify as “work made for hire,” we transfer all worldwide rights and ownership to you. This ownership transfer depends on your Agreement compliance and full payment of fees.

4.6 Reel Unlimited prohibits the use of our Services for discriminatory purposes. This includes discrimination based on race, religion, gender, sexual orientation, age, disability, ancestry, or national origin. Our Services must not be used to promote hostility, violence, or any form of discrimination. If we determine that you are using our Services for discriminatory purposes, we reserve the right to terminate or suspend your access immediately, without prior notice or liability.

5. Licensed Material Usage

5.1 When you comply with this Agreement and pay all fees, we give you permission to use Licensed Elements within your Created Work. This permission is limited to single use within each Created Work, non-transferable, can be canceled, worldwide, and free of royalties. You can share and use the Created Work that contains Licensed Elements, but only as part of that complete Created Work. You cannot use Licensed Elements separately, use the same Licensed Elements in other projects without a new license, copy, sell, or modify Licensed Elements, extract or repurpose Licensed Elements, or share Licensed Elements as standalone files.

5.2 For Licensed Elements from our partners, you must follow their specific license terms, which we’ll provide access to. These partner terms add to our Agreement but don’t replace it. You cannot sell or transfer Licensed Elements separately, change or create new versions of Licensed Elements, claim you created the Licensed Elements, use Licensed Elements inappropriately or illegally, enable others to extract Licensed Elements, or use people’s images in sensitive content without clear disclaimers.

5.3 Reel Unlimited and our partners retain ownership of all Licensed Elements, even when you download them through our platform or they’re part of your Created Work. If you break this Agreement, we can cancel your permission to use Licensed Elements, including those in your existing Created Work. This termination applies to all previously granted licenses and future usage rights.

6. Payment Terms

6.1 Our Services require ongoing subscription payments. You must pay all fees and applicable taxes before receiving Services. Your fees are based on the plan you select at signup, which you can update for future billing periods. All payments are due upon invoice receipt. By registering for our Services, you authorize Reel Unlimited to charge your chosen payment method based on your selected billing frequency. Even if you don’t receive an invoice, you remain responsible for paying according to your plan terms. Overdue payments will incur monthly interest of 1.5% on unpaid balances, or the maximum rate allowed by law, whichever is lower. We reserve the right to suspend or terminate your account if payments are not made on time. Unless specifically stated in this section, all payments made under this Agreement are final and non-refundable.

6.2 We may adjust our service prices with 5 days’ advance notice. Continuing to use our Services after a price change indicates your acceptance of the new rates. We are not required to notify you about temporary discounts or promotional pricing.

6.3 You may cancel your subscription at any time through our platform or by contacting our support team. After cancellation, you maintain access to our Services and your design files until the end of your current paid period. Once your subscription expires, you will no longer have access to our Services or any associated design files. We do not offer refunds for partial months of service, plan downgrades, or unused subscription time.

6.4 When we issue promotional or other credits to your account, we may apply them to any outstanding charges. All credits must be used within one year of their issue date. Any unused credits automatically expire after this period.

7. Service Feedback

When you provide questions, comments, suggestions, or other feedback (“Feedback”) regarding our Services, it becomes Reel Unlimited’s property. We have no obligation to maintain confidentiality of Feedback or take steps to protect it.

Reel Unlimited owns all rights to Feedback, except where rights are granted under the “Ownership of Materials” section. We may use and share Feedback for any legal purpose without permission or compensation. You confirm you have the right to provide Feedback and waive any claims against Reel Unlimited for its use of such Feedback.

By submitting Feedback, you acknowledge that you are not entitled to compensation, attribution, or any form of consideration, regardless of whether we implement or use your suggestions. Your provision of Feedback is voluntary and does not establish any confidential relationship between you and Reel Unlimited or create any obligation for us to treat the Feedback as confidential information.

8. Marketing Rights

We may identify you as our customer and use your name and logo in our marketing materials and presentations unless you provide written notice with reasonable restrictions. This usage permission includes:

Our digital channels such as websites and online content Marketing materials and documentation External presentations to clients and potential clients Social media posts and communications Case studies and testimonials featuring your success with our Services

If you wish to restrict or modify how we use your brand assets, send written notice specifying your requirements. You may also establish specific guidelines for the use of your name, logo, and other brand elements through a formal agreement with us.

This permission remains valid until explicitly revoked or modified in writing. Reel Unlimited commits to maintaining professional and appropriate representation of your brand in all marketing activities.

9. Duration and Ending of Agreement

This Agreement remains active until your account or subscription expires or terminates. Certain provisions will continue after termination, including payment obligations, confidentiality requirements, warranty disclaimers, and liability limitations.

Reel Unlimited can end this Agreement immediately if you breach these terms. Upon subscription termination:

  • Your access rights terminate immediately
  • You lose access to your account and materials
  • Your license to use any Licensed Elements ends if we terminate for breach
  • You maintain ownership of Created Work that has been paid for in full

If you end your subscription through regular cancellation, you retain access to our platform and your files until the end of your paid period. After this period, you will no longer have account access, though you maintain ownership rights to your completed work.

All fees paid before termination are non-refundable unless otherwise specified in this Agreement. Any outstanding payments or obligations remain your responsibility even after termination.

10. Refund Policy

Reel Unlimited may decline refunds at our discretion without prior notice. We review refund requests individually based on specific circumstances and account history. No automatic refunds are provided for subscription services.

During your first month of service, special conditions apply. If you request and receive a refund within your first month:

  • All materials produced by Reel Unlimited remain company property
  • You are prohibited from using any created materials
  • Further use of first-month materials may result in legal action

We maintain records of all created work and reserve the right to pursue appropriate legal remedies if terminated or refunded work is used without authorization. This policy protects our intellectual property rights and ensures fair business practices.

For clarity, standard cancellations differ from refund requests. When you cancel your subscription normally, you retain rights to all paid work, but refund situations follow these stricter guidelines to protect our creative assets.

11. Portfolio Rights

Reel Unlimited reserves the right to share design work created for clients on our digital channels, including but not limited to social media, website, portfolio, and marketing materials. This allows us to showcase our capabilities and the quality of work we deliver to our clients.

However, we respect your confidentiality needs. You have the following options to protect your work:

You may provide a Non-Disclosure Agreement (NDA) between your organization and Reel Unlimited. Once executed, this NDA will:

  • Prevent us from sharing your work publicly
  • Restrict us from discussing your projects externally
  • Override our standard portfolio rights
  • Establish confidentiality requirements for your materials

Without an active NDA, we maintain the right to showcase your design work unless other written agreements are in place. We commit to representing your brand professionally in any public display of work.

For existing clients who wish to establish confidentiality after work has begun, we will remove previously shared work upon execution of an NDA or receipt of written request.

12. Third-Party Links

For any third-party platform access or links we provide on our Website, Reel Unlimited does not accept responsibility for their content, practices, or services. This includes links to external websites, integration with third-party services, or access through external platforms.

We provide these links for convenience, but their inclusion does not imply endorsement or validation of their content. When you leave our Website through such links, you are subject to the terms and policies of those third-party sites.

13. Intellectual Property

The Website, including all code, databases, software, website designs, audio, video, text, photographs, and graphics (“Content”) and our trademarks, service marks, and logos (“Marks”) are Reel Unlimited property. These are protected by copyright and trademark laws and other applicable intellectual property regulations of the United States, foreign jurisdictions, and international conventions.

The Content and Marks are provided “As-Is” for your information and personal use only. You may not:

  • Copy, reproduce, or aggregate the Content
  • Republish, upload, or post the Content
  • Display, encode, or translate the Content
  • Distribute, sell, or license the Content
  • Exploit the Content for any commercial purpose
  • Use the Content without our written permission

Reel Unlimited reserves all rights to the Website, Content, and Marks not explicitly granted in this Agreement. Any use of our intellectual property without express written consent is strictly prohibited.

14. Digital Millennium Copyright Act Notice

14.1 Copyright Protection At Reel Unlimited, we take copyright infringement seriously and respond to valid copyright claims according to applicable law. If you believe content on our Website infringes your copyright, you can request its removal by sending written notice to our designated agent.

14.2 Notice Requirements Under the Online Copyright Infringement Liability Limitation Act (17 U.S.C. § 512), your written notice must include:

  1. Your physical or electronic signature
  2. Description of the copyrighted work you claim is infringed
  3. Specific location of the allegedly infringing material on our site
  4. Your contact information (name, address, phone number, email)
  5. A statement of your good faith belief that the use isn’t authorized
  6. A statement confirming the notice information’s accuracy
  7. A statement, under penalty of perjury, that you can act for the copyright owner

14.3 Contact Information Send DMCA notices to our designated agent:

Legal Department:
Tarkle, Inc. dba Reel Unlimited
1309 Coffeen Avenue, Suite 15023
Sheridan, WY 82801
legal@reelunlimited.com

15. Partner Programs

Our referral program and partner tracking systems operate through our established third-party partners. All referral activities, tracking, and payment processing are handled through:

– Awin, Inc. (awin.com)
– Impact.com
– Partnero.com

These partnerships ensure secure and reliable tracking of referrals and commission payments. Partner relationships are governed by separate agreements with each platform, and participants must comply with both Reel Unlimited’s terms and the respective platform’s terms of service.

Partner program participation, commission structures, and payment terms are managed through these platforms’ systems. For specific details about our referral program or to become a partner, please contact our partnerships team or register through one of our partner platforms.

Reel Unlimited reserves the right to modify partner relationships, commission structures, or program terms with appropriate notice to participants.

16. Technical Provisions

16.1 Connection Interruptions Reel Unlimited does not guarantee continuous Website availability or accessibility. Service interruptions may occur due to hardware, software, or other issues beyond our control. You agree that Reel Unlimited is not liable for any losses, damages, or inconvenience caused by your inability to access or use the Website during service interruptions.

16.2 Electronic Communications By using our Services, you consent to receive electronic communications from Reel Unlimited. You agree that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy legal requirements for written communication. You consent to:

  • Use of electronic signatures
  • Electronic contracts and orders
  • Electronic delivery of notices and policies
  • Electronic records of transactions

You waive any rights requiring original signatures, non-electronic records, or non-electronic payment methods under any applicable laws.

16.3 User Data You are solely responsible for all data you transmit or use in any activity through the Website. Reel Unlimited bears no liability for any loss or corruption of such data. We recommend maintaining your own backup copies of important information and materials submitted through our platform.

17. Legal Framework

17.1 Governing Law These Terms of Use shall be governed by and interpreted according to the laws of the State of Wyoming, without regard to conflict of law principles.

17.2 Disputes Resolution and Forum Choice Any legal action relating to these Terms shall be brought in:

  • The state courts of Sheridan County, Wyoming, or
  • The United States District Court for the District of Wyoming

The parties consent to personal jurisdiction in these courts and waive all defenses regarding jurisdiction and forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms.

17.3 Class Action Waiver THE PARTIES AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

17.4 Time Limitation ANY CAUSE OF ACTION OR CLAIM ARISING FROM THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17.5 Agreement Precedence If you have a separate agreement with us regarding Website access or Service use, that agreement’s terms prevail where conflicts exist with this Agreement. Otherwise, this Agreement constitutes the complete understanding between parties regarding its subject matter and supersedes all prior communications and proposals.

18. Liability and Indemnification

18.1 Limitations of Liability Reel Unlimited and its directors, employees, members, independent contractors, and agents shall not be liable for any:

  • Direct, indirect, or consequential damages
  • Lost profits or revenue
  • Lost or corrupted data
  • Legal fees or court costs
  • Special or punitive damages arising from your use of the Website.

18.2 Indemnification You agree to defend, indemnify, and protect Reel Unlimited, its subsidiaries, affiliates, officers, members, agents, partners, employees, and contractors from:

  1. Claims arising from Website use
  2. Breaches of these Terms
  3. Violations of your warranties
  4. Violations of third-party rights, including intellectual property

Reel Unlimited reserves the right to assume control of any defense matter at your expense. You agree to cooperate with claim defenses.

18.3 Liability Waiver WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, OR FINANCIAL LOSSES. OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED FIFTY DOLLARS ($50.00), REGARDLESS OF THE CAUSE OF ACTION. This limitation doesn’t affect liability that cannot be excluded under applicable law.

18.4 User Responsibilities You are responsible for:

  • All activities under your account
  • Compliance with all applicable laws
  • Proper use of Licensed Elements and Created Work
  • Accuracy and legality of submitted content
  • Maintaining account security
  • Reporting unauthorized access immediately

Reel Unlimited maintains the right to assume exclusive defense and control of any matter subject to indemnification, and you may not settle any claim without our prior written consent.

19. Warranties and Disclaimers

19.1 Disclaimer of Warranties EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SITE AND SERVICES (INCLUDING CREATED WORK, LICENSED ELEMENTS, AND AI GENERATED CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” REEL UNLIMITED MAKES NO WARRANTIES ABOUT OUR SERVICES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • Warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement of intellectual property
  • Other rights violations

19.2 Website “As-Is” Provision Reel Unlimited disclaims all warranties regarding:

  • Website accuracy or completeness
  • Content accuracy
  • Third-party website content
  • Server security
  • Personal or financial information security
  • Transmission interruptions
  • Software bugs or viruses
  • Third-party products or services

We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service advertised through our Website.

19.3 Service Availability Reel Unlimited does not guarantee continuous or error-free service operation. We are not liable for:

  • Website downtime
  • Data loss
  • Security breaches
  • Service interruptions
  • Content errors or omissions
  • Damages from Website use

No advice or information obtained from Reel Unlimited creates any warranty not expressly stated in these Terms.

20. General Provisions

20.1 Force Majeure We are not liable for failing to perform obligations due to events beyond our reasonable control, including:

  • Pandemics or widespread disease outbreaks
  • Government shutdowns
  • Natural disasters
  • War or civil disorder
  • Industrial/labor disputes
  • Telecommunications failures
  • Utility service disruptions
  • Hostile network attacks

We will resume service promptly once these circumstances end.

20.2 Miscellaneous These Terms and any posted policies constitute the complete agreement between you and Reel Unlimited. Our failure to enforce any right or provision doesn’t constitute a waiver of that right. If any provision becomes unlawful or unenforceable, that provision will be severed without affecting other provisions.

20.3 Entire Agreement These Terms of Use and policies posted on the Website represent the complete understanding between you and Reel Unlimited. No other agreements, representations, or statements modify these Terms unless in writing and signed by both parties.

20.4 Severability If any provision of these Terms is determined invalid or unenforceable, that portion shall be severed while the remaining provisions stay in effect. This ensures the Terms remain enforceable even if individual parts are invalidated.

20.5 Waiver and Relationship Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and Reel Unlimited. Our failure to act on violations doesn’t waive our right to act on similar or other violations.