Instembedder offers free photo gallery embedding service or widgets for Instagram™ users via Instembedder.com (hereinafter "the Site") by using Instagram's™ API (Application Programming Interfaces). However, Instembedder is not endorsed by Instagram™ or their affiliates and thus, the ownership of all logos and trademarks from the Site belongs to the Instagram or their affiliates.
By using the Site and its services and widgets, you agree to the terms and conditions of Instagram™ (http://instagram.com/legal/terms) and accept without modification of all of the terms and conditions contained herein (collectively, the "Agreement").
By accessing or using any section of the Site, you agree to all the terms and conditions of this agreement; otherwise, you may not access the Site or use any services. The Site is limited to individuals who are 13 years or older.
All material that you post to the Site including links, comments or any other material that you make available by means of the Site (herein after the "Content") are held responsible and liable by you, as well any harm resulting from posting such Content. The Content includes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your images or comments is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your account username is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account name is not the name of a person other than yourself or company other than your own.
Responsibility of Website Visitors
Instembedder has not reviewed, and cannot review, all of the material, posted to the Site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, Instembedder does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Instembedder disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which Instembedder links, and that link to Instembedder. Instembedder does not have any control over those Sites and webpages, and is not responsible for their contents or their use. By linking to a Site or webpage, Instembedder does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Instembedder disclaims any responsibility for any harm resulting from your use of non Sites and webpages.
Copyright Infringement and DMCA Policy
As Instembedder asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Instembedder violates your copyright, you are encouraged to notify Instembedder who will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Instembedder will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Instembedder or others.
This Agreement does not transfer from Instembedder to you any Instembedder or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Instembedder. The Instembedder logo, and all other trademarks, service marks, graphics and logos used in connection with Instembedder, or the Site are trademarks or registered trademarks of Instembedder or Instembedder’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Instembedder or third-party trademarks
Instembedder reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Instembedder may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement
Instembedder may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Instembedder account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Instembedder website is provided “as is”. Instembedder and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Instembedder nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. Please understand that you download from, or otherwise obtain content or services through, the Site at your own discretion and risk.
Limitation of Liability
In no event will Instembedder, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Instembedder under this agreement during the twelve (12) month period prior to the cause of action. Instembedder shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Instembedder, its contractors, and its licensors, and their respective directors, officers, members, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Instembedder and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Instembedder, or by the posting by Instembedder of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of South-Africa, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Pretoria, Gauteng Pretoria. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Instembedder may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.