Updated on 12th May 2021.
Welcome to InstaConnect, (referred to as “InstaConnect”, “we” or “us”). The InstaConnect mobile application and the associated website ‘instaconnect.co’ is collective referred to as the “Platform”. These Terms of Service ("Terms") govern your access to and use our websites, services, applications, products and content (collectively, the “Services”), which are made available on the Platform. By accessing or using our Services, you confirm that you can form a binding contract with InstaConnect, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services are also subject to our Privacy Policy, the terms of which can be found directly on the Platform. For purposes of these Terms, “you” and “your”, means you as the user of the Services. These Terms along with the Privacy Policy constitute a binding agreement and an electronic record under the Information Technology Act, 2000 and the Rules thereunder and the amended provisions pertaining to electronic records under various Indian statutes. By using the Services, you also consent to the terms of the Privacy Policy.
1. Your Relationship with Us
a) The Service is not available to children i.e., persons under the age of 13 (thirteen) years, users whose account has been previously disabled for breach of our Terms or Policies or Standards. You represent that you are of legal age to form a binding contract, you are not a convicted sex offender, you will comply with these Terms and all applicable domestic and international laws and regulations.
b) The nature, form and content of the Service will be evolving over time without prior intimation to you. We may also stop (temporarily or permanently) providing the Service (or any features within the Service) to you or to users generally without any prior notice. We also have the right to create limits on use, storage and features at its sole discretion at any time without prior notice to the user.
c) You also agree that InstaConnect, its affiliates, partners and third party providers will have access to the your shared contents and display advertisements connected to the content in the Platform. The nature of the advertisement and its relation to the content are subjected to change.
2. Changes to the Terms
We reserve the right to modify these Terms from time to time, for instance when we update the features and functionality of our Services, or when there are regulatory changes. We will use reasonable efforts to notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. The last updated date is always indicated at the top of the document. The new Terms will supersede all previous Terms published earlier. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
3. Your Account with Us
To access or use some of our Services, you must register and create an account with us. By registering with us you certify that all the information that you have provided now or update later is accurate. Each registration is for a single individual user only. You are entirely responsible for maintaining the confidentiality of your password and account. After registration, InstaConnect reserves the right at its sole discretion to ban a user a from using the Services at any time without prior notice due to any of the following reasons: (a) unauthorized access or use, (b) transfer of account, (c) violation of the Terms, (d) would or might cause damage to or impair the Services or infringe or violate any third party rights or violate any applicable laws or regulations.
If you no longer want to use our Services again, we will provide you with the assistance to delete your account and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
4. Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
· Harms minors in anyway while using our Services.
· Intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,
submit, host, post, display, upload, modify, publish, transmit, update, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, harmful, abusive, harassing, threatening, hateful, racially or ethnically objectionable, derogatory, harmful to any reputation, disparaging, defamatory, libelous, pornographic, indecent, profane, obscene, paedophilic or otherwise objectionable (including nudity), blasphemous, invasive of another's privacy, or relating or encouraging money laundering or gambling.
· Post any, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of InstaConnect, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose InstaConnect, the Services or its users to any harm or liability of any type.
· Interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services.
· Access, tamper with the Content, computer systems, or the technical delivery systems of the Platform or its Service providers, probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
· Access the Platform to obtain information and content to build a similar or competitive application, or Service.
When accessing our Platform, the quality of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and speed of your internet connection. You are solely responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.
5. Intellectual Property Rights
We respect intellectual property rights of all our users. We grant you conditional access to use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
Further, all legal right, title, interest and intellectual property in the Platform and the Services, , belong solely with InstaConnect, and nothing in these terms gives you the right to use any of the InstaConnect trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner whatsoever without our express and prior written consent.
6. Content
The Platform allows users to upload, post or transmit or otherwise make available content through the Service any content including text, images, photographs, videos, sound recordings, news article links, and underlying works embodied therein (“Content”). The user Content must be compliant with the salient points in Section 5) above. The Service allows users to access, download and transmit Content made available by other users.
For Content having information about third-party brands, including logo, trademarks etc, you must ensure that you have the rights to the Content or have the necessary permission, license etc, from the concerned third-party directly. Failing which we reserve the right at our sole discretion and without any prior intimation take down such Content from our Platform and Services.
When you use the features of the Service to share, transmit Content to third-party sites and Platforms (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), you must comply with the terms and conditions set out by the third party sites as well. We are not responsible for any non-compliance of the shared Content in third party site, the responsibility lies solely with the user.
You represent and warrant that:
a) You have the necessary rights and permissions to your Content and that you will continue to have the rights to grant the rights and permissions as described in these Terms.
b) Your agreement to these Terms does not violate any agreement that you may have with any third party.
c) your Content does not and will not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order.
When you submit a Content you or the owner of original Content still own the copyright of user Content sent to us, but by submitting user Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your user Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your user Content.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any user-generated Content or endorse any opinions expressed thereof. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mis-labelled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content.
Any Content transmitted by you should not contain any proprietary or confidential information or include information you do not have the right to disclose. InstaConnect will not be responsible or liable for any use or disclosure of proprietary or confidential information in Content, including personal information; the sole responsibility of which lies with you.
We make no representations, warranties, or guarantees, whether express or implied, that any InstaConnect Content (including user Content) is accurate, complete, or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. We have no obligation to screen, verify the authenticity, monitor, review, or edit any Content posted by you and other users on the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block, or delete any posting you make on our Services if, in our opinion, your post does not comply with the Terms. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (a) that we consider to violate these Terms, or (b) in response to complaints from other users or third parties, with or without notice and without any liability to you. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
If you wish to file a complaint about infringement or materials uploaded by other users, contact us at: support@instaconnect.co with the following details:
a) The intellectual property that you believe is being infringed.
b) The details of the Content that you think is infringing and its location on the Platform.
c) a statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Service.
d) A statement that you are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed.
InstaConnect takes reasonable measures to remove from our Services any infringing user Content that has been reported to us or we have become aware of. For repeated offenders who infringe copyrights or intellectual property rights of others; InstaConnect’s reserves the rights at its sole discretion and without any prior intimation to disable or terminate the accounts of such users.
7. Disclaimer regarding Content
a) You agree that the any use of the Content available on the Service and the information thereof is at your own risk.
b) InstaConnect is only a platform for users to post and transmit Contents and that way acts purely as an "Intermediary". So, we take no responsibility and / or liability in respect of any Content on the Service, including without limitations, for intellectual property rights infringement, defamation, illegal content, or any other violation under applicable laws. All Content, which is hosted and transmitted on the Services, is the sole responsibility of the User who provides, publishes, or posts the Content whether on the Service or on any other platforms linked to the Service.
c) When using the Platform and the Service, you understand that you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate.
We do not take responsibility of the truthfulness or authenticity of the Content submitted by other users. The views expressed by the users in the Content are solely theirs and InstaConnect do not control, represent, or endorse the view put forward by them. You acknowledge and agree that the Service only facilitates access to the Content and the Company is not obligated to monitor access to or use of the Service by you or third parties. However, should it come to the knowledge of the Company that your use of the Service is in violation of any applicable law or these Terms, then the Company has the right to enforce these Terms, and take such actions it may deem necessary to comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.
d) When using our Services, you may interact with other users and third parties. The nature and responsibility of such interactions is solely between you and the third parties. You acknowledge and agree that the InstaConnect will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions and any dispute arising thereof and you will not make the us a party to any dispute between you and any third party with whom you interact with on the Service.
e) You hereby release InstaConnect, its parent entity, subsidiaries, group companies, affiliates, related companies, and their respective officers, directors, employees, agents, representatives, partners, and licensors (as applicable) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or the Service.
f) In the event of any dispute between you and any third party with whom you interact on the Service, you may approach the court of appropriate jurisdiction as per applicable laws of India in your place of residence.
8. Indemnity
You agree to defend, indemnify, and hold harmless InstaConnect, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any, and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation, and warranties under these Terms.
9. Disclaimers and Limitations of Liability
a) Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and we make no warranty or representation to you with respect to them, in particular, we do not represent or warrant to you that:
· Your use of the services will meet your requirements.
· Your use of the services will be uninterrupted, timely, secure or free from error.
· Any information obtained by you as a result of your use of the services will be accurate or reliable; and
· Defects in the operation or functionality of any software provided to you as part of the services will be corrected.
b) InstaConnect takes no responsibility for the Content created and posted by the user. You as a user you are solely responsible for how you interact with the Service and the Content. We have no control and bear no liability for: (a) the completeness, accuracy, timeliness, or reliability of the Content; (b) availability, security, or reliability of the Service; (c) any loss of data or harm to your device that may arise from your access or use of the Services or Content; (d) loss of any data or Content from the servers which are part of the Services.
c) As a user it is your responsibility to keep your account credentials confidential. InstaConnect will not be held liable for any loss that you may incur due to unauthorized access of your account through our Services.
d) InstaConnect will try to ensure that you have an enjoyable and uninterrupted access to our Services. But due to technical reasons; or situations beyond our reasonable control; or during periodic maintenance of our systems, we may not be able to provide you uninterrupted Services. In such cases we will not be responsible for any delay, suspension of access to our Services, absence of any information, functionality, and features.
10.Third Party Links
There may be links to third-party websites or resources on the Platform. InstaConnect is not responsible or liable for: (a) the availability or accuracy of the links to such websites or resources; or (b) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites or resources.
11.Limitation of Liability
To the maximum extent permitted by applicable law, InstaConnect shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses resulting from (a) your access to or use of or inability to access or use of the Platform or the Service; or (b) any changes which we may make to the Service, or for any permanent or temporary cessation in the provision of the Services (or any features within the Service); or (c) any Content on the Platform; or (d) unauthorized access, use or alteration of your transmissions or content; or (e) any action or conduct of another user; or (f) your failure to provide us with accurate account information; or (g) or your failure to keep your password or account details secure and confidential
you are responsible for any mobile charges that may apply to your use of our service, including text-messaging and data charges. if you are unsure what those charges may be, you should ask your service provider before using the service.
to the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
12.Violation of Terms
You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against you as a result of your violation of these Terms, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
13.Other Terms
a) Security
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
b) Entire Agreement
These Terms and the Privacy Policy constitute the whole legal agreement between you and InstaConnect and govern your use of the Services and completely replace any prior agreements between you and InstaConnect in relation to the Services. Your continued use and access of the Service shall signify your acceptance of the amended Terms and your consent to be legally bound by the same.
c) Governing Law and Jurisdiction
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Any disputes arising in relation hereto between you and any Company Entities shall be subject to the exclusive jurisdiction of courts at Bangalore, India.
d) No Waiver.
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
e) Severability
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
14.Grievance Redressal
A compliant or other issue faced by a user of our product may be submitted through email at the below address. The complaint should provide: (a) username of the relevant account holder (b) specific content/video that is of concern and (c) reason(s) for such a takedown request.
In accordance with Information Technology Act 2000 and rules made there under, the contact detail of the Grievance Officer is provided below:
Mr Indrajit Mukhopadhyay
Email: support@instaconnect.co
Alternatively, you can also report content by using the report content feature within the app on any offending content. The Grievance Redressal Officer shall within thirty-six hours of receiving the complaint initiate inquiry into the same and shall endeavour to resolve the complaint promptly, but in any case, within one month from the date of receipt of complaint.
