User Terms of Service
I. ACCEPTANCE OF TERMS
Instamedia Community welcomes you to its online community. Instamedia provides its service to you, subject to the following User Terms of Service (“TOS”), which may be updated by us from time to time without any prior information. You can review the most current version of the TOS at any time at:http://www.instamedia.com/termsofuse.php. In addition to this, when using particular Instamedia owned or operated services, you shall subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
II. PARENTAL DISCRETION ADVISORY
IF YOU ARE BETWEEN 13 TO 17 YEARS OF AGE, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENTS OR GUARDIANS. YOU MUST BE AT LEAST 13 YEARS OLD TO USE INSTABLOGS.COM. AS THE SERVICE MAY PROVIDE ACCESS TO CONTENT THAT CONTAINS EXPLICIT MATERIAL (SUCH AS STRONG LANGUAGE OR DEPICTION OF SEX, VIOLENCE, OR SUBSTANCE ABUSE), PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGED BETWEEN13 TO 17 YEARS. THIS AGREEMENT INCLUDES WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE SERVICE, YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT MODIFICATION, ADDITION, OR DELETION. IF YOU DO NOT OR CANNOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MAY NOT BE ALLOWED TO AVAIL THIS SERVICE. IN THE EVENT OF ANY NONCONFORMITY WITH THIS AGREEMENT, INSTABLOGS HOLDS THE RIGHT TO DENY ACCESS TO ANY SERVICE AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT UNTIL YOU ARE 18 YEARS OF AGE, YOU WOULD NOT USE THE SERVICE AT THE DISCRETION OF YOUR PARENTS/GUARDIANS. YOU AGREE TO PROVIDE YOUR PARENTS/GUARDIANS WITH YOUR CURRENT INSTABLOGS PASSWORD(S) AND REGISTRATION E-MAIL ADDRESS, FOR PARENTAL VERIFICATION PURPOSES. THEY MAY ASK US TO MODIFY OR DENY ACCESS TO YOUR ACCOUNT AND WE MAY DO SO AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY
III. DESCRIPTION OF SERVICE
Instamedia provides access to a rich collection of resources, including an online community of connected people who create content, read, edit, and rate and share the same with network of other Instamedia users through a network of properties that may be accessed via the Internet (the “Service”). As a user of the Service, you understand and agree that the Service may also include advertisements that are necessary for Instamedia to provide the Service, and it may include certain communications from Instamedia such as service announcements and administrative messages and you shall not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augments or enhances the current Service including the release of new Instamedia properties, shall be subject to the TOS. You understand and agree that the Service provided is “AS-IS” and that Instamedia assumes no responsibility for the timeliness, deletion, wrong delivery or failure to store user communications or personalized settings. You are responsible for obtaining access to the Service which may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those which are associated with the display or delivery of advertisements. Instamedia is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 13 years of age to access and view the Service. In addition, please be aware that Instamedia has created certain areas of the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas. PLEASE REFER (2) PARENTAL DISCRETION ADVISORY.
IV. THE ‘TERM OF USE AGREEMENT’
Instamedia.com may revise/modify this Agreement from time to time and such revision/modification shall be effective upon posting by Instamedia.com on the Instamedia Website. You shall agree to be bound by any changes to this Agreement when you use the Instamedia Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated with all modifications.
Please choose carefully the information you post on Instamedia.com and that you provide to other Users. Your Instamedia.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Instamedia.com members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Instamedia.com assumes no responsibility or liability for this material. If you become aware of misuse of the Instamedia Services by any person, please contact Instamedia.
Instamedia.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Instamedia Services at any time, for any or no reason, with or without prior notice, and without liability.
V. TERMS AND CONDITION
Following are the Terms and Conditions to be followed in order to become a Member of Instamedia Services:
Usage of Membership in the Instamedia Services stands to be null and void when prohibited. By using the Instamedia Services you represent and warrant that:
(a) All registration information you submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) You are 13 years of age or older; and (d) Your use of the Instamedia Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if found that you are less than 13 years of age.
This Agreement shall remain in full force and effect while you use the Instamedia Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Instamedia.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
You acknowledge that Instamedia.com reserves the right to charge for the Instamedia Services and to change its fees from time to time in its discretion. If Instamedia.com terminates your Membership because of breach of Agreement, no refund will be made of any unused portion of subscription fees.
You will also be required to choose a password while signing up as a member and are entirely responsible for maintaining the confidentiality of your password. You shall not use the account, username, or password of another Member at any time or to disclose your password to any third party. You shall also notify Instamedia.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members
The Instamedia Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Instamedia.com. Illegal or unauthorized use of the Instamedia Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited emails or unauthorized framing or linking to the Instamedia Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Instamedia Services.
6. Use of content
(a) The Service enables you to write, blog, publish, upload, archive, e-mail, or otherwise transmit to Instamedia.com Web pages, text, code, software, music, sound, photographs, graphics, video, messages, tags, and other information, data, or material (“Content”). You, and not Instamedia, shall be solely responsible for all Content that you upload to Instamedia Network, Instamedia.com public archives, blogs, message boards, classified ads, Member profiles, search results, categories, groups, or any other part of the Service.
(b) In connection with Content that you upload to Instamedia.com or Instamedia Network, you represent and warrant that: (i) you own, or have the necessary license, consent, permission, and right to use and to authorize Instamedia. Also the right to use all copyright, trademark, patent, trade secret, and other proprietary rights in and to all such Content, in order to permit inclusion and use of the Content as contemplated by the Service and this Agreement; and (ii) you have the written consent, release, and/or permission of every person identifiable in the Content to use their name and likeness, in order to permit inclusion and use of the Content as contemplated by the Service and this Agreement.
(c) You retain all of your ownership rights in Content that you upload or publish to Instamedia.com or Instamedia Network. However, by Uploading or Publishing the Content to Instamedia.com or Instamedia Network, you grant Instamedia a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, fully sub licensable (through multiple tiers), and transferable license to copy, distribute, prepare derivative works of, adapt, publicly perform, publicly display, and use the Uploaded Content in connection with the Service and Instamedia’s business, including without limitation, the promotion and redistribution of the Service and derivative works through any media channel and in any media format known now or in the future. You also grant to each Instamedia.com Member or user a non-exclusive license to access the Published or Uploaded Content through the Service and to reproduce, distribute, prepare derivative works, adapt, publicly perform, publicly display, and use such Content as permitted through the Service functionality and under this Agreement. These licenses will terminate when you remove the Uploaded Content from the Service. All tags and comments associated with Content – whether associated by you, the Service, other Members or users, or anyone else – become Instamedia’s property; but Instamedia will grant you a perpetual right to use such tags and comments for personal, noncommercial purposes.
(d) In using the Service, you may access or be exposed to Content Published or Uploaded by others that is inaccurate, imperfect, offensive, or otherwise objectionable. Published or Uploaded Content is the sole responsibility of the person who Published or Uploaded it. You will not hold Instamedia responsible for the actions or inactions of Members or users, including without limitation any Published or Uploaded Content. Instamedia does not make any representation or warranty about the integrity, quality, accuracy, or any other aspect of Content posted on the Sites or in connection with the Service. Instamedia expressly disclaims all liability for any loss or damage met with because of the use of such Content. By using the Service, you agree to bear all risks associated with any use of any Content posted on the Sites or in connection with the Service and any reliance on the accuracy, entirety, or usefulness of such Content. Any opinions, statements, advice, offers, services, or other information or material expressed or made available in or through Uploaded Content are those of the respective author(s) of such Content and not of Instamedia.
(e) Instamedia may or may not pre-screen, edit, or review Content Published or Uploaded to Instamedia.com archives or publicly-available areas of the Service. If Instamedia is notified by any user, Member, or Content owner of Content posted on the Sites or in connection with the Service that allegedly does not conform to this Agreement, Instamedia may investigate the allegation and determine in good faith, whether to remove or block access to such Content. Instamedia has the right and sole discretion, to remove, relocate or change from public to private, or block or restrict any Uploaded Content at any time, with or without notice, and without liability.
(f) You acknowledge and agree that Instamedia may access, preserve, and disclose your account information and Content if required by law or in good faith belief that it is reasonably necessary in order to: (i) comply with legal processes; (ii) enforce the Agreement; (iii) react to claims that any Content violates the rights of users, Members, or third-parties; (iv) react to your requests for customer service; or (v) protect the rights, property, or personal safety of Instamedia, its Members or users, and the public.
7. Content Posted
Instamedia.com may delete any Content that which in any order violates the Agreement or which may be offensive, illegal or violate the rights, threaten or harm the safety of any person. Instamedia.com takes up no responsibility for scrutinizing the Instamedia Services for inappropriate Content or conduct. If at any time Instamedia.com chooses, in its sole discretion, to monitor the Instamedia Services, Instamedia.com assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Instamedia Services, and any material or information that you pass on to other Members and for your interactions with other Users. Instamedia.com does not approve and has no control over the Content that is not necessarily reviewed by Instamedia.com prior to posting and does not necessarily reflect the opinions or policies of Instamedia.com. Thus, Instamedia.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
You agree to indemnify and hold Instamedia.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless for any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising out of your use of the Instamedia Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Instamedia Website.
This Agreement is accepted upon your use of the Instamedia Website or any of the Instamedia Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Instamedia.com regarding the use of the Instamedia Services. The failure of Instamedia.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Instamedia.com is a trademark of Instamedia, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
VI. CONTENT/ACTIVITY PROHIBITED
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Instamedia Services. Instamedia.com reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Instamedia Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Instamedia.com:
1. Child pornography or obscene material that may or may not contain nudity, violence, or offensive subject matter or contain a link to an adult website;
2. Material that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3. Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia;
4. Prescription drugs and medical devices, such as prescription or contact lenses, hearing aids, defibrillators, or hypodermic needles;
5. Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval;
6. Weapons and related items, including firearms, ammunition, silencers, sniper scopes, large capacity magazines, disguised, undetectable or switchblade knives, martial arts weapons, BB guns, stun guns, or tear gas;
7. Fireworks, including “safe and sane” fireworks or any destructive explosives or devices;
8. Blood, body fluids, or body parts;
9. Animals and animal parts, including the retail sales of dogs and cats;
10. Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests;
11. Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or arts or crafts materials containing toxic substances without a warning label;
12. Illegal telecommunications equipment, such as cable or satellite descramblers, password sniffers, access cards, access card programmers and unloopers;
13. Stolen property or personal property with the serial number altered or removed;
14. Burglary tools, such as lock-picks or motor vehicle master keys;
15. False identification cards, citizenship documents, birth certificates, or items with police insignia;
16. Counterfeit currency, stamps, and coins, and equipment designed to produce them;
17. Counterfeit or “knock-off” brand name goods;
18. Material that infringes copyright, such as “warez” or bootlegs (without artist consent);
19. Covering or obscuring the banner advertisements on your personal profile page, or any Instamedia.com page via HTML/CSS or any other means;
20. Gambling items, such as lottery tickets, raffle tickets, sweepstakes entries, slot machines, or sports trading card ‘grab bags';
21. Used or rebuilt batteries, or batteries containing mercury;
22. Used bedding and clothing, unless sanitized as required by law;
23. Non-packaged food items or adulterated food;
24. Bulk e-mail or mailing lists that contain names, e-mails, phone numbers, addresses, or other personal identifying information.
25. Solicits personal information from anyone under 18.
26. Content that includes a photograph of another person that you have posted without that person’s consent.
27. Using the Instamedia Services in a manner inconsistent with any and all applicable laws and regulations.
VII. DISPUTES AND DISCLAIMERS
If there is any dispute about or involving the Instamedia Services, you agree that the dispute shall be governed by the laws of the India, Delhi jurisdiction, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the India located at New Delhi. You are solely responsible for your interactions with other Instamedia.com Members. Instamedia.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Instamedia.com is not responsible for any incorrect or inaccurate Content posted on the Instamedia Website or in connection with the Instamedia Services, whether caused by Users of the Instamedia Services or by any of the equipment or programming associated with or utilized in the Instamedia Services. Profiles created and posted by Members on the Instamedia Website may contain links to other websites. Instamedia.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Instamedia.com. Inclusion of any linked website on the Instamedia Services does not imply approval or endorsement of the linked website by Instamedia.com. When the third-party sites accessed they are done on your own risk. Instamedia.com takes no responsibility for third party advertisements which are posted on this Instamedia Website or through the Instamedia Services, nor does it take any responsibility for the goods or services provided by its advertisers. Instamedia.com is not responsible for the conduct, whether online or offline, of any User of the Instamedia Services. Instamedia.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Instamedia.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Instamedia Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Instamedia Services. Under no circumstances shall Instamedia.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Instamedia Services, attendance at a Instamedia.com event, from any Content posted on or through the Instamedia Services, or from the conduct of any Users of the Instamedia Services, whether online or offline. The Instamedia Services are provided “AS-IS” and as available and Instamedia.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Instamedia.com cannot guarantee and does not promise any specific results from use of the Instamedia Services.
VIII. LIMITATIONS ON LIABILITY
ITS HEREBY ANOUNCED THAT IN NO EVENT SHALL INSTABLOGS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF INSTABLOGS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INSTABLOGS.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Web Site are registered and unregistered trademarks of Instamedia its affiliates and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of Instamedia or such third party that may own the Trademark displayed on the Web Site. A complete list of pending and/or registered Trademarks of Instamedia is published and searchable on Trademarkia. Your misuse of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.
For Any Further Queries Regarding The Terms & Conditions Of The Agreement, Kindly Contact Us At:
By email: webmaster[at]Instamedia.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.