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Instafeed

Terms and Conditions

When you use our services and app, you’re agreeing to our terms, so please take a few minutes to read the User Agreement below:

General 

The Terms and conditions (“Agreement”) governs the use of the website Instafeed.Org and its related sites and App (singularly or jointly, hereinafter referred to as ‘Instafeed’). The services offered by Instafeed include the posting and sharing of content by a registered user (‘ifeed’) such as News, lifestyle , Opinions & Talent from time to time (‘Services’). These terms govern the access or use of the Services by you . These Terms and Conditions represents the whole agreement and understanding between ................, and the Individual or entity that will subscribe or post to one or more of Instafeed Service (“Member”).The Term “User” shall refer to either Visitor or Member or both as the context requires. The term ‘Third party Content’ includes information, data, text, software, scripts, music, sound, photographs, graphics, video, messages, tags, interactive features or other materials (" Content") posted by a Member in Instafeed that is instantaneously shared with other members and visitors who access Instafeed and in case of News it is only instantaneously clicked and uploaded content by a user.

PLEASE READ THIS AGREEMENT CAREFULLY. This Terms of Use Agreement sets out legally binding terms for your access or use of Instafeed Services. By accessing or using the Instafeed Services, you agree to be bound by these terms of use whether you are just a “Visitor” (a person who has not registered with Instafeed) or you are a “Member” (Member means that you have registered yourself with the Instafeed). In case of any breach of his Agreement, Instafeed may cancel/terminate your account, with or without notice. By accessing the Services of Instafeed, you also agree to be bound by our Privacy Policy. In order to participate in certain Instafeed Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions.

Instafeed reserves the right to without prior notice, modify/amend the terms of this Agreement, change the services or any feature of the website and mobile application. You agree to be bound to any such changes when you use the Instafeed services after any such modifications/alteration/amendment. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. You will always be able to know when the version was last updated by checking the "Last Revised" date in the header of this Agreement.

ELIGIBILITY

To use the Services, you must be atleast 13 years of age, unless the law requires that your minimum age should be 18 years or above in order to lawfully provide the services to you. Any person under 13 years of age accessing/using this website or mobile application should do so under parental guidance. Your use of this site represents and warrants you have the right to enter into this Agreement and to abide by all its terms and conditions. It is your responsibility to check if law of your jurisdiction permits you to access or create an account and use the Services .If Instafeed discovers or becomes aware that any member is using Instafeed’s Services to promote or engage or indulge in any unlawful or illegal activity or has committed breach of any term of this Agreement, his/her membership will be suspended for inquiry/ terminated forthwith without any liability to Instafeed. Instafeed's discretion to suspend/terminate the membership shall be final and binding.

REGISTRATION

A visitor may sign in and register to become a Member of Instafeed and use its Services by creating an account with a user name and password of his choice. A Visitor may choose to register using his Google or Facebook account id or using Mobile number and OTP. We will request you to provide your full name, email id, Date of Birth, password, place of residence and gender details which will remain confidential. Only your user name will reflect while any Content is posted by a Member on Instafeed. Account is activated after clicking the verification link sent to a Member’s email id provided or when OTP is typed and sent.At time of registration Instafeed will seek permission to access phone contacts,gallery,audio files of a Member to enable a Member to upload any Content on Instafeed or enable sending of invites to join Instafeed and permission to send and view sms for OTP for verification. A User has choice to allow or reject such request.However, Instafeed is under no obligation to provide the Services unless a user fulfils its due registration requirements to avail a service. For example . to upload news, permission to access Geolocation of a Member shall be required. When creating your account, you must provide accurate, updated and complete information. You are solely responsible for the activity that occurs on your account including sharing and forwarding of Content on Instafeed to others and comments posted by you on Instafeed, and you must keep your account password secure. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Instafeed Services forthwith at the sole discretion of Instafeed.Instafeed allows you to post anonymously in Instafeed ,however no illegal content ought to be posted .

You are not permitted to create multiple profiles. If Instafeed becomes aware that you have created multiple profiles, your membership is liable to be terminated forthwith.

TERM

This agreement will remain in force and will be effective while you use any of the Instafeed services till the time you are its member. Member can terminate/close/withdraw his/her membership at any time by clicking on “Delete My Account”. Instafeed reserves the right to, at its sole discretion suspend/ cancel a Member’s account forthwith in case it finds or learns that any illegal activity is being carried out by such Member through his account with Instafeed or if a Member breaches any of conditions set out in this Agreement. The IPR Policy and Indemnity provisions will survive the termination or expiry of this agreement.

RIGHTS WE GRANT YOU

Upon accepting this agreement, Instafeed grants you a personal, non-exclusive, royalty free license to access and use the Services it offers in accordance with this Agreement. If you choose to become a Member by creating an account with Instafeed, an account will be registered for your use and you will be provided with the required “Account Information” such as user identification, password, username or any other such relevant information. If you Login into your account with some third-party access like Facebook or Gmail, the login information of such account shall be considered as the account information. You can then post information relevant to a Service using your account which will be available for access to visitors of Instafeed and its Members. The Instafeed app may be updated from time to time and its upgrades shall be sent to our Members automatically. If you choose to follow someone on instafeed, automatically updates from said account will be notified to you.You may be able to access Instafeed offline if a user has downloaded its app if a user is not in online mode. Please note that a Member shall be solely responsible for any activity carried out by him/her in their account.

RIGHTS YOU GRANT TO US

Our services let you create, upload, send, post and store content in which the Member retains copyright ownership rights in their content, but they grant us a non exclusive royalty free worldwide license to use that content posted by a Member, to share, distribute, publish and transmit it and to prepare derivative content based upon that content and to sublicence it to others electronically or otherwise.

OTHER TERMS OF USE BY MEMBERS

As a Member & account holder, you may submit content to the Instafeed Services. You shall be solely responsible for the content submitted by you to our services. Incase you find your account has been hacked or find other suspicious activity/illegal use of an account on Instafeed, please write to us immediately at ...

The user hereby unconditionally agrees to the following responsibilities:

You shall not host, display, upload, publish, update, share or collect other user’s content/information to which you do not have right to.

You shall not participate in marketing or advertising or soliciting, other members to buy any services or goods through Instafeed.

The Instafeed Services are strictly for the personal use of individual members only, and shall not be used by you, directly or indirectly in connection with any commercial endeavors or

activities.

you will not solicits passwords or personal identifying information for commercial or unlawful purposes from other users/Members; and

You will not engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You will nor post any unauthorized commercial communications.

You will not post anything that is spam, abusive, harassing, harmful, obscene, libelous, offensive pornographic, defamatory, objectionable to others or invades another person’s privacy, hate speech, racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering, or gambling, or otherwise unlawful in any manner whatever,

You will not post anything that is violent in nature, unlawful or discriminating or indulge in identity theft or cheating by personation.

covering or obscuring the banner advertisements on your personal profile page

You shall not violate/infringe any propriety rights including trademark, copyright, patent or other such rights.

You will not post or share Content that is harmful to minors, involves child pornography, child grooming, sexual harassment, cyberbullying or cyberstalking

You will not upload anything that contains software virus or any malicious code that might disrupt and destroy the functionality of the computer resource.

You will not engage in any activity by using the Instafeed which threatens the unity, integrity, security and sovereignty of India.

For certain legal reasons, you may be asked to provide proof of identity to access or use the services and you agree that you may be denied access to of our services if you refuse to provide proof of identity.

You will not conduct any kind of monetary transaction with other members of Instafeed. Any such transactions conducted will be solely at your risks and Instafeed is not liable or responsible for anything whatsoever including but not limited to any kind of frauds.

In case a User commits any of above acts, Instafeed shall be entitled to suspend/terminate User's membership forthwith apart from pursuing other legal recourse such as stringent criminal and civil actions. In addition, Instafeed preserves the right to screen messages that you may send to other Members

CONTENTS POSTED ON THE SITE

Instafeed owns and retains all proprietary rights, including without limitation, all intellectual property rights, trade secrets, knowhow, business information in the Instafeed and all the Instafeed Services. Except for that information which is in the public domain or for which you have been given express permission by Instafeed, you will not copy, modify, publish, transmit, distribute, perform, display, reverse engineer, decompile, or sell any such proprietary information. A member retains the ownership of the content posted by him/her on Instafeed including chat posted in private/public groups, comments/replies to a post . Instafeed respects other people’s intellectual property rights and expects its members also respect the rights of others equally. A member must ensure that the content posted through his account does not in any manner violate the law and/or Intellectual Property rights of others. The subscriber/member shall not post, distribute, reproduce or use any trademarks, copyrighted material or other proprietary information belonging to others without their due permission. You represent that you have valid rights and title in any and all Content that you submit on Instafeed, that you have not infringed on any IPR belonging to any party and further that you take full responsibility for the said Content and will indemnify Instafeed or its affiliates for all claims arising out of any Content that you post on Instafeed.If you believe in good faith that your work has been infringed, copied or posted on the Instafeed, you may provide the following information to…….

All information, data, software, photographs, graphics, video, messages or other materials whether publicly or privately posted, is the sole responsibility of the person from where such content is originated. By posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part (‘Content’), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images.

Instafeed does not control the content posted via the Instafeed Service and, as such, does not guarantee the accuracy, integrity or quality of such content. Instafeed reserves the right but is not under an obligation to scrutinize all such information, content and/or material posted on the Instafeed and shall have the exclusive right to either remove, edit and/or display such information, material and/or content either suo motto or upon a complaint filed by any person.

Instafeed accepts no responsibility for the said user generated Content. However, you understand that all Content posted by you becomes the property of Instafeed services and you grant/assign to Instafeed and its affiliates, a irrevocable, perpetual, non-exclusive, valid, non infringing , royalty-free, worldwide license to use, sublicense, copy, publish, display, modify, adapt, publish, translate and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing for full term of protection available to such work by applicable law. By posting any lawful Content to Instafeed, you give Instafeed license to use such Third Party Content, information, material in a manner that Instafeed may chose in its sole discretion/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.

SECURITY

This website uses technology to protect transmitted digital information and stores all data with the cloud platform of Instafeed which stores its data on its servers located in India and other jurisdictions out of India. Your use of the Instafeed Services may be limited by such technology. Any Content uploaded by you shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under Indian laws. Moreover, if you are found to be in non-compliant with the laws and regulations of these terms and of the privacy policy of Instafeed, we may terminate your account/block your access to the Instafeed and we reserve the right to remove any non-compliant content uploaded by you. You acknowledge that the standards followed by Instafeed are liable to change, modify or discontinue from time to time. You also agree to review from time to time the security standards and these security standards may change, be modified and include automated updates, patches and/or reinstallation of software. Any violations of the technology or the terms of the use may be subject to stringent Civil and/or Criminal liability.

PRIVACY

The Instafeed’s privacy policy sets out the obligations with respect to the safeguarding of subscriber’s personal information. Use of the Instafeed services is governed by our Privacy Policy which is subject to modification from time to time. For more information visit our privacy policy. If a Member tags you in a photo, you can choose to untag yourself by choosing appropriate option available for untagging.

NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Instafeed does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

BLOGGER POLICY

Our blogging page is a free service for communication and expression. A blogger increases the readiness of information and makes likely new connection between other members. Our policy as defined, comply with legal requirements. If a member encounters a blog that violates our policies, then member can report it to us using the ‘Report Abuse’ link.

Instafeed services will provide you with a remote login which you should not share with any third party. You can also create/login to your blog through other sites like Gmail account. Your post will not be sub-edited by Instafeed but its comment thread shall be moderated in accordance with the guidelines as provided by our terms and conditions. Once registered, all linked posts from your blog will show up in the blog posts section of your profile. You can edit, add a photo or video to your blog.

If any time you come to believe that any part of your blog might raises legal concerns, you may contact Instafeed at……… for advice and assistance. Instafeed reserves the right to remove from your blog any content for legal reasons.

Instafeed may allow the advertisement on their website on the space purchased by the Advertiser. When an Advertiser places an advertisement the same shall constitute an offer. Acceptance and denial of the offer lies with the member of the Instafeed. Instafeed has absolute discretion and the right to earn from the advertisement and further has rights to omit, suspend or change the position of any Advertisement. The Instafeed will take all the necessary precautions while allowing the advertisement on their website that the advertisement and any information submitted by the advertiser must be legal, and will not contain the obscene or libelous and/or any objectionable material but shall not be held responsible for the such content of the advertisement that is not brought within prior knowledge or actual notice of Instafeed. Disclaimer: As a matter of due diligence, Users are advised to enquire, well before, about the contents and the offers of the advertisers. In event of any dispute arises between a member of the Instafeed with the advertiser, Instafeed shall not be held liable in any manner whatsoever.

DISCLAIMER OF WARRANTIES

This is our disclaimer of legal liability for the quality, safety and reliability of our Services. The Services are provided “AS IS” and “AS AVALIABLE” basis with no guarantee of fitness for particular purpose or non infringement by third party content Instafeed.Org and its subsidiaries, directors, affiliates, officers, agents, partners, licensors and other employees are not responsible for any incorrect or inappropriate content posted on Instafeed either posted by users or members or for any conduct of the user/member of the Instafeed services. To the extent allowed, Instafeed disclaims all implied warranties and representations for any (1) accuracy of data, error, omission, deletion, defect, delay in operation, interruptions, communication line failure, any indirect or incidental damages, unauthorized access of user or member communications (2) personal injury or damage/loss to property (3)any interruption of transmission to the services (4) transmission of any trojans, bugs or viruses to or through the services by the actions of any third party (5) any loss of your data or such content from the services.

Any material downloaded through the use of the services is solely at your own risk and at your own discretion and you will be solely responsible for any damage to your computer system and loss of data from the download of such material. Instafeed does not assume any safety, responsibility or liability for any content posted on the site by any member, user or third party. Instafeed reserves ability to check content posted by Members incase of receipt of actual notice of any illegality in content. Strict legal action will be taken incase a Member breaches terms of this Agreement including claim for damages and criminal actions.

You acknowledge that Instafeed is not able to monitor or may not be able to pre-screen Third Party Content, but that Instafeed shall have the right (but not the obligation) in their sole discretion to check , refuse, or move any content that is available via the Instafeed Service upon actual notice . You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you will not rely on any Content submitted to Instafeed by a Third Party.

Instafeed does not endorse any User content or any opinion, recommendation, or advice expressed therein, and Instafeed expressly disclaims any and all liability in connection with Third Party Content submitted by the User. Instafeed does not assume any responsibility or liability for any illegal content posted on any Instafeed Site by any Members, users or any third party. All liability, whether civil or criminal arising out of any content that is posted on the Instafeed Site or any communication sent through Instafeed will be of that Member/user/third party who has posted such content and/or sent such communication. Instafeed reserves its right to take down such content on actual notice and claim damages from such Member/user/third party that it may suffer as a result of such content posted on the Site and/or such communication sent.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Instafeed, its directors, managers, members, employees, licensors and such affiliates will not be liable for any direct, indirect or incidental damages, losses, loss of data, personal injury or other intangible loss resulting from the access or inability to use of the services, errors or inaccuracy of content, bugs, any interruption or cessation of transmission to or from our services whether based on warranty, contract, tort, or any other legal theory, and whether or not Instafeed is advised of the possibility of such damages.. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Instafeed’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, if any, by you to Instafeed, for the service during the term of membership.

The Instafeed Services may present links to third-party Web sites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site.

DISPUTES/ ARBITRATION

The rights and obligations of the parties pursuant to this agreement will be governed by and shall be construed in accordance with the laws of India. You and Instafeed shall be bound to resolve all disputes, claims or conflict arising out of or in connection with the use of the Instafeed shall be submitted to arbitration proceedings under the Arbitration & Conciliation Act 1996 (as amended from time to time) and rules framed thereunder, such arbitration proceedings will take place at New Delhi, India. The award of the arbitration proceedings will be final and binding on both the parties. The dispute and conflicts will be governed by the competent courts in Delhi, India alone shall have exclusive jurisdiction.

INDEMNITY

You agree to unconditionally indemnify and hold Instafeed, its subsidiaries, directors, affiliates, officers, agents, partners and other employees harmless from and against all losses, claims, damages, liabilities, fines, costs, expenses, including reasonable attorney’s fees arising out of or relating to your breach of these terms of use, the content you submit, transmit, post or your violation of any third party rights including without limitation, any intellectual property right or privacy rights, term of this agreement or any violation of applicable laws, regulations and codes and statues of any governmental authority.

FORCE MAJEURE

Instafeed will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, power failure, the ino obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

OTHERS

This agreement together with the privacy policy contains the entire agreement between the member/user and Instafeed regarding the access and/or use of the Instafeed Service. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and with effect.

Nothing in these terms of use shall be deemed to constitute a partnership or a joint venture between you and Instafeed and nothing contained in the terms of use shall constitute you as the agent of Instafeed.

You are under an obligation to report any misuse of site and application which is in violation of this agreement or applicable law. If you notice any abuse or misuse of the Site or any thing which is in violation of this Agreement or any applicable law, you shall forthwith report such violation by writing to Grievance officer notified on the Instafeed or using the report abuse functionality. On receipt of such complaint, Grievance officer of Instafeed may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse. Any false complaint made by a Member shall make such Member liable for appropriate legal action including but not limited to termination of his/her membership.