Privacy Policy

Introduction

When you use Instacam, you trust us with your information. We are committed to keeping that trust. That starts with helping you understand our privacy practices.

This policy describes the information we collect, how it is used and shared, and your choices regarding this information.

Last Modified: September 9th, 2020

Effective Date: September 9th, 2020

Data Collections And Uses

Scope

Summary

This policy applies to any users of Instacam, Inc. services in the United States, including any users of Instacam, Inc. apps, websites, features or other services. As of September 9th, 2020, Instacam only provides its services to the United States only.

This policy applies to any users of the services of Instacam or its affiliates in the United States, and to anyone else who contacts Instacam or otherwise submits information to Instacam, unless noted below. This includes those who use Instacam or its affiliates’ services to:

Request live streaming services (Viewers)

Provide live streaming services (Streamers)

Data Controller

Summary

Instacam provides services to users in the US. If you live in the United States, Instacam, Inc. is the data controller for your information.

The data controller for the information you provide or that is collected by Instacam or its affiliates is:

Instacam, Inc.

The Information We Collect

Summary

Instacam collects:

Information that you provide to Instacam, such as when you create your Instacam account.

Information created when you use our services, such as location, usage and device information.

Information from other sources, such as Instacam partners and third parties.

 

Instacam collects the following categories of information:

Information you provide

This includes information submitted when you:

Create or update your Instacam account, which depending on your location and the Instacam services you use may include your name, email, phone number, login name and password, address, payment or banking information, government identification numbers, birth date, and photo.

Request services through an Instacam app or website

Contact Instacam, including for customer support

Contact other Instacam users through our services

Complete surveys sent to you by Instacam or on behalf of Instacam

Information created when you use our services

This includes:

Location Information

Depending on the Instacam services that you use, and your app settings or device permissions, Instacam may collect your precise or approximate location information as determined through data such as GPS, IP address, and WiFi.

Instacam collects location information when the Instacam app is running in the foreground (app open and on-screen) or background (app open but not on screen) of your device.

Users may use the Instacam app without enabling Instacam to collect their location information. However, this may affect the functionality available on Instacam app.

Transaction Information

We collect transaction details related to your use of our services, including the type of services you requested or provided, date and time the service was provided, amount charged, and other related transaction details. Additionally, if someone uses your promotion code, we may associate your name with that person.

Usage and Preference Information

We collect information about how you interact with our services, preferences expressed, and settings chosen. In some cases we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers.

Device Information

We may collect information about the devices you use to access our services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.

Log Information

When you interact with our services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our services.

Calls and text messages

We enable users to call or text each other through the Instacam app. All correspondence is done offline (not on Instacam) and using each parties personal cellular networks.

Information from other sources

These may include:

Users providing feedback, such as as ratings

Instacam business partners through which you create or access your Instacam account, such as payment providers, social media services, or apps or websites who use Instacam’s APIs or whose API Instacam uses

Publicly available sources

Marketing service providers

Instacam may combine the information collected from these sources with other information in its possession.

 

How We Use Your Information

Summary

Instacam collects and uses information to enable reliable and convenient on-demand information delivery. We also use the information we collect:

To enhance the safety and security of our users and services

For customer support

For research and development

To enable communications to or between users

To provide promotions or contests

In connection with legal proceedings

 

Instacam does not sell or share your personal information to third parties for third party direct marketing purposes.

 

Instacam uses the information it collects for purposes including:

Providing services and features

Instacam uses the information we collect to provide, personalize, maintain and improve our products and services. This includes using the information to:

Enable information deliveries (photo, text, video)

Process or facilitate payments for those services

Offer, obtain, provide or facilitate insurance or financing solutions in connection with our services

Enable features that allow you to share information with other people, such as when you submit a rating about a Viewer, refer a friend to Instacam, or share your ETA

Enable features to personalize your Instacam account, such as providing personal preferences on types of streams interested in completing or if you prefer to be a Streamer

Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing, and research, and to monitor and analyze usage and activity trends

Safety and security

We use your data to help maintain the safety, security and integrity of our services.

Customer support

Instacam uses the information we collect to assist you when you contact our customer support services, including to:

Direct your questions to the appropriate customer support person

Investigate and address your concerns

Monitor and improve our customer support responses

Research and development

We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our services, develop new features and products, and facilitate insurance and finance solutions in connection with our services.

Communications among users

Instacam uses the information we collect to enable communications between our users.

Communications from Instacam

Instacam may use the information we collect to communicate with you about products, services, promotions, studies, surveys, news, updates and events. Instacam may also use the information to promote and process contests and sweepstakes, fulfill any related awards, and serve you relevant ads and content about our services and those of our business partners.

Legal proceedings and requirements

We may use the information we collect to investigate or address claims or disputes relating to your use of Instacam’s services, or as otherwise allowed by applicable law.

 

Cookies And Third Party Technologies

Summary

Instacam and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this policy.

 

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. Instacam uses cookies and similar technologies for purposes such as:

Authenticating users

Remembering user preferences and settings

Determining the popularity of content

Delivering and measuring the effectiveness of advertising campaigns

Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services

We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our services, as well as when you visit other online sites and services.

 

Information Sharing And Disclosure

Summary

Some of Instacam’s products, services and features require that we share information with other users or at your request. We may also share your information with our affiliates, subsidiaries and business partners, or for legal reasons or in the event of a dispute.

 

Instacam may share the information we collect:

With other users

If you are a Streamer we may share information with your Viewer(s) including your name and photo; your average rating provided by Viewers; and contact information (depending upon applicable laws). If you choose to complete a Viewer profile, we may also share any information associated with that profile, including information that you submit that past Streamers have submitted about you. The Viewer will also receive a receipt containing information such as a breakdown of amounts charged, your first name and last initial, photo, details of the stream, location of the stream, and date of the stream.

At your request

This includes sharing your information with:

Other people at your request.

Instacam business partners.

With the general public when you submit content to a public forum

We love hearing from our users — including through public forums such as Instacam blogs, social media, and certain features on our network. When you communicate with us through those channels, your communications may be viewable by the public.

With Instacam subsidiaries and affiliates

We share information with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf.

With Instacam service providers and business partners

Instacam may provide information to its vendors, consultants, marketing partners, research firms, and other service providers or business partners.

For legal reasons or in the event of a dispute

Instacam may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request.

This includes sharing your information with law enforcement officials, government authorities, or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies, to protect Instacam’s rights or property or the rights or property of others, or in the event of a claim or dispute relating to your use of our services. If you use another person’s credit card, we may be required by law to share information with that credit card holder, including job information.

This also includes sharing your information with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

With your consent

Instacam may share your information other than as described in this policy if we notify you and you consent to the sharing.

 

Information Retention and Deletion

Summary

Instacam retains your information while your account remains active, unless you request deletion of your information or account. In some cases we may retain certain information about you as required by law or other purposes as described in this section even if you delete your account.

 

Instacam retains your information while your account remains active, unless you ask us to delete your information or your account. Subject to the exceptions described below, Instacam deletes or anonymizes your information upon request.

Subject to applicable law, Instacam may retain information after account deletion:

If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute; or for tax purposes.

If we are required to by applicable law; and/or in aggregated and/or anonymized form.

Instacam may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users’ safety and security.

 

Choice and Transparency

Summary

Instacam provides means for you to see and control the information that Instacam collects, including through:

Device permissions

In-app ratings pages

Marketing opt-outs

 

DEVICE PERMISSIONS

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Instacam app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Instacam app seeks before you first use the app, and your use of the app constitutes your consent.

RATINGS LOOK-UP

After every stream, Viewers and Streamers are able to rate each other. This two-way system holds everyone accountable for their behavior. Accountability helps create a respectful, safe environment for both Streamers and Viewers. Your Viewer rating is available in the “My Profile” in “My Account” portion of the Instacam app. Your Streamer rating is available in the “My Profile” in “My Account” portion of the Instacam app.

ACCESSING AND CORRECTING YOUR INFORMATION

You can edit the name, phone number, and email address associated with your account through the “Account Details” menu in “My Account” in Instacam’s apps. You can also look up your stream history in the Instacam apps. You may also request access to, correction of, or a copy of your information by contacting Instacam at [email protected].

MARKETING OPT-OUTS

You may opt out by emailing [email protected] with the subject line “opting out”. You may also opt out of receiving emails and other messages from Instacam by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as receipts for your streams or information about your account. If you would like to delete your Instacam account, email [email protected] with subject line “Delete my account”.

 

Updates to this Policy

Summary

We may occasionally update this policy. If you use our services after an update, you consent to the updated policy.

 

We may occasionally update this policy. If we make significant changes, we will notify you of the changes through the Instacam apps or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy.

We encourage you to periodically review this policy for the latest information on our privacy practices. We will also make prior versions of our privacy policies available for review.

 

TERMS AND CONDITIONS OF SERVICE OF INSTACAM.APP

1. ACCEPTANCE OF TERMS.

This Terms and Conditions of Service Agreement (“Agreement” or “Terms of Service” or “TOS”) is made by and between Instacam, Inc. (hereinafter “Company” or “INSTACAM.APP” or “INSTACAM”), a Delaware corporation, and you the user (“you”, “your” or “User”).

This Agreement contains the complete terms and conditions that govern the use of the Company’s website(s) (“Website” or “Websites” or “Site”). BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, COMPANY MOBILE APPLICATION PROGRAMS, OR OTHER COMPANY APPLICATION PROGRAMS, SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.INSTACAM.APP.

In addition, when using any INSTACAM.APP owned or operated Services, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines and rules are hereby incorporated by reference 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.

IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.

2. DESCRIPTION OF SERVICE

INSTACAM.APP makes available a collection of resources to its registered and non-registered users. Registered users can create Content (as defined by Section 4 below), select favorites, edit, rate, comment, read, and view other people’s Content. Non-registered users can browse topics, profiles and other people’s Content of interest.

THE SERVICE IS PROVIDED “AS IS” AND INSTACAM.APP ASSUMES NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.

Unless explicitly stated otherwise, any new features which augment or enhance any existing Service, any new Services and enhancements to INSTACAM.APP, including the release of new INSTACAM.APP properties, are subject to the then current TOS.

All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, INSTACAM.APP can discontinue their ability to use the site. In addition, we have the right to delete any piece of Content, comment as well as any topic or profile we find objectionable in our reasonable discretion.

You may only use this website for purposes expressly permitted by the TOS. As a condition of your use of INSTACAM.APP, you represent and warrant to INSTACAM.APP that you will not use the website and any Service for any purpose that is unlawful or prohibited by this TOS.

You alone are totally responsible for any activity that takes place on INSTACAM.APP under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify INSTACAM.APP immediately. It is up to you to maintain the confidentiality of your password and username.

You understand that you may receive business-related communications from INSTACAM.APP such as Service announcements and account administrative notices and you agree that these communications are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications.

As a user of the Service you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that INSTACAM.APP shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

YOU MUST BE AT LEAST 16 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE, AND MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY “ADULT” DESIGNATED PORTIONS OF THE SERVICE. IF YOU ARE 16 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.

3. RULES OF BEHAVIOR

You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal and proper.

You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.

You must not violate the privacy rights of others.

You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group).

You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications.

You must not post, upload or link to anything that seeks to exploit or harm children by exposing them to inappropriate Content, or asking for personally identifiable details or information.

You must not post, upload or link to anything that harvests or otherwise collects information about other users, including e-mail addresses, without the users’ consent.

You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.

You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permissions from the third party, which written permissions you agree to disclose to us at any time on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.

You must not impersonate another person or entity, which includes not using anyone else’s username or password.

You must not use the INSTACAM.APP Service for any illegal or unauthorized purpose.

You must abide by all Federal, State and local laws. If you are outside the United States, you must comply with all local laws with respect to your online conduct and acceptable Content as well as the export of data to the United States or to your country or residence.

You cannot modify or delete any Content and communications of the INSTACAM.APP site and/or of other individuals other than your own Content.

You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.

You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.

You must not do anything that disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through this website.

You must not interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

You cannot create member accounts under any false or fraudulent pretenses (including by automated means).

You must not state or imply that any of your submitted and or posted Content is endorsed by INSTACAM.APP.

You must not retrieve, store or collect personal information about other users for any unauthorized purpose.

You must not engage in any ad “spamming”.

You cannot use the INSTACAM.APP name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that INSTACAM.APP is associated with, or endorses, or is in any way connected with you, your business, or your Content.

WHILE INSTACAM.APP EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT INSTACAM.APP SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, INSTACAM.APP CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

4. CONTENT

As a registered user, you will be able to stream, upload and/or post a great variety of Content, including but not limited to text, audio, video, photographs, graphics and other materials (“Content”). This means that you have sole responsibility, not INSTACAM.APP, for all Content that you stream, upload, post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the Rules of Behavior relating to such Content. Any Content that you stream, write, post, upload or link to on this website is entirely your responsibility.

INSTACAM.APP shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other INSTACAM.APP members or otherwise created, distributed and displayed on any part of the Service. INSTACAM.APP does not control or monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. INSTACAM.APP does not own any of the Content you post. By placing Content on the Service you are providing INSTACAM.APP with a worldwide, royalty-free, unlimited, non-exclusive license to publicly display, modify, reproduce and distribute your Content on the site for editorial and promotional purposes of the site. INSTACAM.APP reserves the right to syndicate or promote this Content in connection with the promotion of the Service and other Services offered by INSTACAM.APP.

Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service. INSTACAM.APP shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless and indemnify INSTACAM.APP with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. INSTACAM.APP will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same.

You acknowledge that INSTACAM.APP may or may not pre-screen Content but that INSTACAM.APP and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, delete, any Content that violates the TOS or is otherwise objectionable as determined by INSTACAM.APP in its sole discretion.

INSTACAM.APP may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, to protect the rights, property or personal safety of INSTACAM.APP, its users and the public.

INSTACAM.APP respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, INSTACAM.APP may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated please contact INSTACAM.APP at [email protected] with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of where the material you claim is infringing is located on the site;

your name, address, telephone number, email address;

a statement claiming that you have a good faith belief that the disputed use has not been authorized; and

a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder

5. LINKS

The Service may provide, or third parties including INSTACAM.APP members, may provide links to other World Wide Websites or resources, which are not maintained by, or related to INSTACAM.APP. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with INSTACAM.APP. INSTACAM.APP has no control over these sites and Content and makes no representations or warranties about the content, completeness, quality or accuracy of any such website. Therefore, you acknowledge and agree that INSTACAM.APP is not responsible for the availability of such links, resources and Content, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that INSTACAM.APP is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF INSTACAM.APP REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, INSTACAM.APP HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.

6. INDEMNITY

You agree to indemnify and hold INSTACAM.APP, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, made by or arising out of your use of the Service in violation of the TOS and/or your violation of any rights of another.

7. NO RESALE OF SERVICE

You agree not to, without the express prior written consent of INSTACAM.APP:(a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own, (b) use the Service or Content you do not own, or (c) access to the Service or Content you do not own.

8. MODIFICATION AND TERMINATION OF THE SERVICE

INSTACAM.APP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that INSTACAM.APP will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

9. INSTACAM.APP PRIVACY POLICY

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at WWW.INSTACAM.APP. You agree that your use of this Service is subject to the Privacy Policy.

10. REGISTRATION

In order to use certain aspects of the Service you are required to register. We refer to registered users as “members”. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction.

You also agree to provide true, accurate, current and complete information as required on the Service’s Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, INSTACAM.APP has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)

You agree that INSTACAM.APP may, under certain circumstances and without prior notice immediately terminate your INSTACAM.APP account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to: (i) a breach or violation of the TOS or other INSTACAM.APP policies, guidelines or rules, (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in INSTACAM.APP’s sole discretion and that INSTACAM.APP will not be liable to you or any third party for any termination of your account, password, username, deletion of Content or access to the Service.

You agree that your account is non-transferable and any rights to your account, password, and username, terminate upon your death.

You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact INSTACAM.APP immediately. It is up to you to maintain the confidentiality of your password and account. INSTACAM.APP is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.

11. PRACTICES REGARDING USE AND STORAGE

You acknowledge that INSTACAM.APP may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on INSTACAM.APP’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that INSTACAM.APP has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other Content maintained or transmitted by the Service. You acknowledge and agree that INSTACAM.APP reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that INSTACAM.APP has the right to modify these practices and limits from time to time.

12. INSTACAM.APP PROPRIETARY RIGHTS; TRADEMARKS AND COPYRIGHTS

You acknowledge and agree that the Service and any necessary application programs and software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of INSTACAM.APP and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by INSTACAM.APP or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge INSTACAM.APP’s exclusive rights in the INSTACAM.APP trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of INSTACAM.APP or the party that provided such intellectual property to INSTACAM.APP. INSTACAM.APP and any party that provides intellectual property to INSTACAM.APP retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.

13. NO CO-BRANDING OR FRAMING.

You may not use or authorize any party to co-brand or frame INSTACAM.APP or any Service without the express prior written permission of an authorized representative of INSTACAM.APP. For purposes of the TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. For purposes of the TOS, “framing” refers to displaying any INSTACAM.APP webpage or Service within a bordered area of another website, regardless of whether the address of the originating INSTACAM.APP is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from INSTACAM.APP.

14. DISCLAIMER OF WARRANTIES

The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. INSTACAM.APP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

INSTACAM.APP MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from INSTACAM.APP or through or from the Service shall create a warranty not expressly stated in the TOS.

15. LIMITATION OF LIABILITY

You expressly understand and agree that INSTACAM.APP will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if INSTACAM.APP has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service or any other matter relating to the Service. In no event will INSTACAM.APP be liable to you for any amount of money over One Hundred Dollars ($100.00), which you acknowledge to be a fair and reasonable sum.

16. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you receive or request any news, messages, or other information from the Service concerning stock quotes, companies, investments, or securities remember that the Service is provided for entertainment purposes only, and no Content included or information made available in the Service is intended for trading or investing purposes. INSTACAM.APP and its licensors shall not be responsible for or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.

17. PERSONALLY IDENTIFIABLE INFORMATION

INSTACAM.APP cautions you against giving out any personally identifying information about yourself, your children, or any other person in any Service. In an effort to preserve your privacy, INSTACAM.APP agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy located at WWW.INSTACAM.APP.

18. DISCLOSURES REQUIRED BY LAW

INSTACAM.APP reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. INSTACAM.APP reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing INSTACAM.APP to disclose the identity of anyone posting any Content, or publishing or otherwise making available any materials that are believed to violate the TOS.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD INSTACAM.APP HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INSTACAM.APP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INSTACAM.APP OR LAW ENFORCEMENT AUTHORITIES.

19. DISPUTES

If there is any dispute about or involving the website and/or the Service, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the State of California, County of Orange.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

20. MISCELLANEOUS TERMS; GENERAL INFORMATION

This Agreement constitutes the entire agreement between you and INSTACAM.APP and governs the terms and conditions of your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and INSTACAM.APP with respect to the Service and this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, Affiliate or advertiser services, third-party Content or third-party software. INSTACAM.APP may revise this TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to the TOS.

The failure of INSTACAM.APP to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by INSTACAM.APP must be in writing and signed by an authorized representative of INSTACAM.APP.

If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Nothing contained in the TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Please report any violations of the TOS to INSTACAM.APP at [email protected].