Terms of Use

Terms of Use

Date of Last Revision: January 26, 2017

This document represents our terms of service that governs our relationship with you, the “user” and others who interact with InstaVid, as well as InstaVid brands, products, services and our platform, which we call the “InstaVid Services” or “Services”. By using or accessing the InstaVid Services, you agree to our Terms of Use, as updated from time to time.

Definitions

  • By “InstaVid” or” InstaVid Services” we mean the features and services we make available, including through (a) our website at www.InstaVid.com and any other InstaVid branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. InstaVid reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this TOS.
  • By “Platform” we mean a service that allows a user to create and embed a collection of dynamic video thumbnails (widget) into a webpage.
  • By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with InstaVid.
  • By “content” we mean anything you or other users post, provide or share using InstaVid Services.
  • By “DIY” we mean the self-creation platform for widgets / collections of dynamic video thumbnails
  • By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from InstaVid or provide to InstaVid through Platform.
  • By “post” we mean post on InstaVid or otherwise make available by using InstaVid.
  • By “embed” we mean the use of our widget (collection of dynamic video thumbnails) on your website, blog, or app.
  • By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  • By “application” we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term application will apply until you delete the data.
  • By “Trademarks” we mean the list of trademarks provided here.
  1. Privacy

Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use the InstaVid Platform and how we collect and can use your content and information.

  1. Sharing Your Content and Information

You own all the content and information you post and/or upload on InstaVid.com, and you can control how and where it is displayed. In addition:

  1. For content that is covered by intellectual property rights (IP), like photos and videos, you specifically give InstaVid, LLC the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or about InstaVid (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner like emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period (but will not be available to others).
  3. We always appreciate your feedback or other suggestions about InstaVid, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
  1. Safety

We do our best to keep InstaVid safe, but we cannot guarantee it. We need your help to keep InstaVid safe, which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) on InstaVid.
  2. You will not collect users’ content or information, or otherwise access InstaVid, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on InstaVid.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  9. You will not use InstaVid to do anything unlawful, misleading, malicious, or discriminatory.
  10. You will not do anything that could disable, overburden, or impair the proper working or appearance of InstaVid, such as a denial of service attack or interference with page rendering or other InstaVid functionality.
  11. You will not facilitate or encourage any violations of this Statement or our policies.
  1. Registration and Account Security

InstaVid users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on InstaVid.
  2. If we disable your account, you will not create another one without our permission.
  3. You will not use InstaVid if you are under 13.
  4. You will not use InstaVid if you are a convicted sex offender.
  5. You will keep your contact information accurate and up-to-date.
  6. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  7. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
  8. When you have voluntarily provided information, which may include your name, address, email address, billing and/or credit card information, you are giving us permission to use it when you purchase products and/or services and to deliver the services you have requested.
  1. Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

  1. You will not post content or take any action on InstaVid that infringes or violates someone else’s rights or otherwise violates the law.
  2. We can remove any content or information you post on InstaVid if we believe that it violates this Statement or our policies.
  3. We provide you with tools to help you protect your intellectual property rights. Please contact us if you feel that your rights have been violated.
  4. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you repeatedly infringe other people’s intellectual property rights, we will disable your account as appropriate.
  6. You will not use our Copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
  7. You will not post anyone’s identification documents or sensitive financial information on InstaVid.
  8. You will not post any images or videos of persons who have expressly asked you not to publish content he/she appears in.
  9. You will identify yourself to those in your videos and images and obtain a release if possible.
  10. If you cannot get a release from person(s) in your videos and images you agree to take responsibility for any damages because of your publishing the content in InstaVid.com.
  11. You agree to hold harmless and indemnify InstaVid for any damages, loss, or repercussions, of video or images you publish since InstaVid is a publishing platform and not responsible for content you publish in your account.
  12. You will not post or repost any content considered or suspected of being “fake news.”
  1. Content Policy

You agree to the following regarding content you upload and/or post in InstaVid.com:

  1. You will only upload content (videos and images) that you own or have received the rights to upload.
  2. If you add a YouTube link to your video, you agree that you own the rights to that Video or have the right to add the video link from the owner of the content.
  3. You will not upload any content that is in violation of our Safety and Security policies.
  4. You will use the highest quality videos and images as available to you, to maintain a level of quality, solely determined by InstaVid.
  5. You agree that InstaVid has the right to reject and unpublish any content you publish.
  6. InstaVid reserves the right to edit any uploaded or linked content and/or posted text, as its own discretion.
  7. Since one direction of InstaVid is to be a publisher of news, you agree that you will only publish your own content, obtained by you or by someone who has agreed to have you publish their content.
  8. You will not edit other people’s content and use it for your own published works or as part of your published works without permission to do so.
  9. “Fake News” to the best of your ability, will not be published in InstaVid.com.
  10. You agree to create captions and click thru links related to your published videos and images.
  1. About Advertisements and Other Commercial Content Served or Enhanced by InstaVid

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. To help us do that, you agree to the following:

  1. You give us permission to use your name, profile picture, content, and information about commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
  2. We do not give your content or information to advertisers without your consent.
  3. You understand that we may not always identify paid services and communications as such.
  1. Special Provisions Applicable to DIY Users

If you use our self-service dynamic video thumbnail collection interface for creation, submission and/or delivery collectively, the “DIY Dynamic Video Thumbnail Generator”, you agree to our Self-Serve DIY Terms. In addition, your content or other commercial or sponsored activity or content placed on InstaVid or our publisher network will comply with our Content Policies.

      9.  Special Provisions Applicable to Software

  1. If you use embed code we provide you, you agree that from time to time, the software may be upgraded; updates and additional features from us may be added, to improve the service which may or may not affect your published content, in known and unknown ways.
  2. You will not modify, create derivative works of, de-compile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
  1. Amendments
    1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
    2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
    3. Your continued use of the InstaVid Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
  1. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of InstaVid to you. We will notify you by email or at the next time you attempt to access your account.

  1. Disputes
    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or InstaVid exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
    2. If anyone brings a claim against us related to your actions, content or information on InstaVid, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on InstaVid and are not responsible for the content or information users transmit or share on InstaVid. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on InstaVid. We are not responsible for the conduct, whether online or offline, of any user of InstaVid.
    3. WE TRY TO KEEP INSTAVID UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING INSTAVID AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT INSTAVID.COM, OR ITS PARTNER SITES, WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT INSTAVID WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. INSTAVID IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR ABOUT THIS STATEMENT OR INSTAVID, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR INSTAVID WILL NOT EXCEED THE GREATER OF TWENTY-FIVE DOLLARS ($25) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, INSTAVID’S LIABILITY WILL BE LIMITED FULLY PERMITTED BY APPLICABLE LAW.
  1. Our Data Policy

By using or accessing InstaVid Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time. You may also want to review the following documents, which provide additional information about your use of InstaVid:

  1. Payment Terms: These additional terms apply to all payments made on or through InstaVid, unless it is stated that other terms apply.
  2. InstaVid Platform Policies: These guidelines outline the policies that apply to applications.
  3. Advertising Policies: These guidelines outline the policies that apply to advertisements placed on InstaVid.
  4. Self-Serve Terms: These terms apply when you use the Self-Serve Ad Interfaces to create, submit, or deliver any advertising or other commercial or sponsored activity or content.
  5. InstaVid Brand Resources: These guidelines outline the policies that apply to use of InstaVid trademarks, logos and screenshots.
  6. How to Report Claims of Intellectual Property Infringement
  7. Community Standards: These guidelines outline our expectations regarding the content you post to InstaVid and your activity on InstaVid.

To access the Statement of Rights and Responsibilities in several different languages, change the language setting for your InstaVid session by clicking on the language link in the left corner of most pages.  If the Statement is not available in the language you select, we will default to the English version.

  1. Cookies & Other Storage Technologies

Cookies are small pieces of text used to receive and store identifiers and other information on computers, phones, and other devices.  Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes.  In this policy, we refer to these technologies as “cookies.”

We use cookies if you have an InstaVid Account, use the InstaVid Services, including our website and apps (whether you are registered or logged in), or visit other websites and apps that use the InstaVid Services.

  1. Why do we use cookies?
    1. Cookies help us provide, protect and improve the InstaVid Services, such as by personalizing content, tailoring and measuring content engagement, and providing a safer experience. While the cookies that we use may change from time to time as we improve and update the InstaVid Services, they generally fall into the below categories of use:
    2. We use cookies to verify your account and determine when you’re logged in so we can make it easier for you to access the InstaVid Services and show you the appropriate experience and features.
    3. We use cookies to help us keep your account, data and the InstaVid Services safe and secure.
    4. We also use cookies to combat activity that violates our policies or otherwise degrades our ability to provide the InstaVid Services.
    5. Cookies help us serve and measure ad performance across different browsers and devices.
    6. We use cookies to enable the functionality that helps us provide the InstaVid Services.
    7. We also use cookies to help provide you with content relevant to your locale.
    8. We use cookies to provide you with the best experience possible.
    9. We use cookies to better understand how people use the InstaVid Services so that we can improve them.
  1. How do we respond to legal requests or prevent harm?
    1. We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm.
    2. Information we receive about you, including financial transaction data related to purchases made with InstaVid, may be accessed, processed and retained for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
  1. How to contact InstaVid with questions

To learn more about how privacy works on InstaVid, please check out Privacy Basics. If you have questions about this policy, here’s how you can reach us:

InstaVid LLC

227 Bellevue Way, #313

Bellevue, WA  98004

info@instavid.com

425-318-0599

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