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TERMS OF USE

NOTE: Our Terms of Use are changing. You can view our new Terms of Use here.THESE TERMS OF USE ARE EFFECTIVE ON JANUARY 19, 2013. To access our previous Terms of Use, please click here. Welcome to Instagram! 

 By accessing or using theThese Terms of Use govern your use of Instagram website,and provide information about the Instagram service,Service, outlined below. When you create an Instagram account or any applications (including mobile applications) made available by Instagram (together, the "Service"), however accessed,use Instagram, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Instagram, LLC ("Instagram"). THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE.terms. 

 There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these TermsThe Instagram Service is one of Use. In those cases, the terms specificFacebook Products, provided to the special feature control to the extent there is a conflict with theseyou by Facebook, Inc. These Terms of Use.Use therefore constitute an agreement between you and Facebook, Inc. 

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU ANDTHE INSTAGRAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.SERVICE

BASIC TERMS	We agree to provide you with the Instagram Service. The Service includes all of the Instagram products, features, applications, services, technologies, and software that we provide to advance Instagram's mission: To bring you closer to the people and things you love. The Service is made up of the following aspects (the Service):

	 You must be at least 13 years oldOFFERING PERSONALIZED OPPORTUNITIES TO CREATE, CONNECT, COMMUNICATE, DISCOVER, AND SHARE.
 People are different. We want to use the Service.
	 You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
	 You are responsible for any activitystrengthen your relationships through shared experiences you actually care about. So we build systems that occurs through your accounttry to understand who and what you agreeand others care about, and use that information to help you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businessescreate, find, join, and share in experiences that are expressly authorizedmatter to create accounts on behalf of their employers or clients, Instagram prohibits the creationyou. Part of that is highlighting content, features, offers, and accounts you agree that you will not create an accountmight be interested in, and offering ways for anyone other than yourself. You also represent that all information you provide or provided to Instagram upon registrationexperience Instagram, based on things you and at all other times will be true, accurate, currentothers do on and completeoff Instagram.
	 FOSTERING A POSITIVE, INCLUSIVE, AND SAFE ENVIRONMENT.
 We develop and you agreeuse tools and offer resources to update your information as necessaryour community members that help to maintain its truthmake their experiences positive and accuracy.
	 You agreeinclusive, including when we think they might need help. We also have teams and systems that you will not solicit, collect orwork to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the login credentials of other Instagram users.
	 You are responsible for keepinginformation we have-including your password secret andinformation-to try to keep our platform secure.
	 You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential We also may share information via the Service, including, without limitation, yourabout misuse or anyharmful content with other person's credit card information, social securityFacebook Companies or alternate national identity numbers, non-public phone numbers or non-public email addresses.law enforcement. Learn more in the Data Policy.
	 You may not use the ServiceDEVELOPING AND USING TECHNOLOGIES THAT HELP US CONSISTENTLY SERVE OUR GROWING COMMUNITY.
 Organizing and analyzing information for any illegal or unauthorized purpose. You agreeour growing community is central to comply with all laws, rulesour Service. A big part of our Service is creating and regulations (for example, federal, state, localusing cutting-edge technologies that help us personalize, protect, and provincial) applicable to your use of theimprove our Service and your Content (defined below), including but not limited to, copyright laws.
	 You are solely responsibleon an incredibly large scale for your conducta broad global community. Technologies like artificial intelligence and any data, text, files, information, usernames, images, graphics, photos, profiles, audiomachine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and video clips, sounds, musical works, worksintegrity of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via theour Service.
	 You must not change, modify, adapt or alterPROVIDING CONSISTENT AND SEAMLESS EXPERIENCES ACROSS OTHER FACEBOOK COMPANY PRODUCTS.
 Instagram is part of the Service or change, modify or alter another website so asFacebook Companies, which share technology, systems, insights, and information-including the information we have about you (learn more in the Data Policy) in order to falsely implyprovide services that it is associated withare better, safer, and more secure. We also provide ways to interact across the Service or Instagram.
	 You must not access Instagram's private API by means other than those permitted by Instagram. Use of Instagram's API is subjectFacebook Company Products that you use, and designed systems to achieve a separate set of terms available here ("API Terms").seamless and consistent experience across the Facebook Company Products.
	 YouENSURING A STABLE GLOBAL INFRASTRUCTURE FOR OUR SERVICE.
 To provide our global Service, we must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Instagram users.
	 You must not use domain names or web URLs in your username without prior written consent from Instagram.
	 You must not interfere or disruptstore and transfer data across our systems around the Service or servers or networks connected to the Service,world, including by transmitting any worms, viruses, spyware, malware or any other codeoutside of a destructive or disruptive nature. Youyour country of residence. This infrastructure may not inject contentbe owned or code or otherwise alter or interfere with the way any Instagram page is rendered or displayed in a user's browser or device.
	 You must comply with Instagram's Community Guidelines.
	 You must not create accounts with the Service through unauthorized means, including but not limited to,operated by using an automated device, script, bot, spider, crawlerFacebook Inc., Facebook Ireland Limited, or scraper.their affiliates.
	 You must not attempt to restrict another userCONNECTING YOU WITH BRANDS, PRODUCTS, AND SERVICES IN WAYS YOU CARE ABOUT.
 We use data from using or enjoying the ServiceInstagram and other Facebook Company Products, as well as from third-party partners, to show you must not encourage or facilitate violations of these Terms of Use or anyads, offers, and other Instagram terms.
	 Violation of these Terms of Use may, in Instagram's sole discretion, result in termination of your Instagram account. You understand and agreesponsored content that Instagram cannot andwe believe will not be responsible for the Content postedmeaningful to you. And we try to make that content as relevant as all your other experiences on Instagram.
	 RESEARCH AND INNOVATION.
 We use the information we have to study our Service and you use thecollaborate with others on research to make our Service at your own risk. If you violatebetter and contribute to the letter or spiritwell-being of these Terms of Use, or otherwise create risk or possible legal exposure for Instagram, we can stop providing all or part of the Service to you.our community.

GENERAL CONDITIONSTHE DATA POLICY

	 We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Instagram account by logging into the Service and completing the form available here. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
	 Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
	 We reserve the right, in	Providing our sole discretion, to change these Terms of Use ("UPDATED TERMS") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Userequires collecting and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
	 We reserve the right to refuse access to the Service to anyone for any reason at any time.
	 We reserve the right to force forfeiture of any username for any reason.
	 We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
	 You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Instagram is not responsible or liable for the conduct of any user. Instagram reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
	 There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content thatData Policy explains how we do not control, maintain or endorse. Functionality oncollect, use, and share information across the Service mayFacebook Products. It also permit interactions betweenexplains the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enablesmany ways you to share Content from the Service orcan control your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account oninformation, including in the third-party service and you do so at your own risk. Instagram does not control any of these third-party web services or any of their content. You expressly acknowledgePrivacy and agree that Instagram is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.Security Settings. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge andmust agree to the following: (i) if you use an ApplicationData Policy to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Instagram has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Instagram Parties (defined below) harmless for activity related to the Application.
	 You agree that you are responsible for all data charges you incur through use of the Service.
	 We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Instagram's express consent).Instagram.

RIGHTSYOUR COMMITMENTS

	 Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant In return for our commitment to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or throughprovide the Service, subject to the Service's Privacy Policy, available here http://instagram.com/legal/privacy/, including but not limited to sections 3 ("Sharing of Your Information"), 4 ("How We Store Your Information"), and 5 ("Your Choices About Your Information"). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
	 Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Instagram may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
	 You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
	 You represent and warrant that: (i)require you own the Content posted by you on or through the Service or otherwise have the right to grantmake the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
	 The Service contains content owned or licensed by Instagram ("Instagram Content"). Instagram Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Instagram, Instagram owns and retains all rights in the Instagram Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Instagram Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Instagram Content.
	 The Instagram name and logo are trademarks of Instagram, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Instagram, except in accordance with our brand guidelines, available here: https://www.instagram-brand.com/. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Instagram, and may not be copied, imitated or used, in whole or in part, without prior written permission from Instagram.
	 Although it is Instagram's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Instagram reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Instagram, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Instagram encourages you to maintain your own backup of your Content. In other words, Instagram is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Instagram will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
	 You agree that Instagram is not responsible for, and does not endorse, Content posted within the Service. Instagram does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
	 Except as otherwise described in the Service's Privacy Policy, available at http://instagram.com/legal/privacy/, as between you and Instagram, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Instagram is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Instagram in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Instagram, and Instagram will not be liable for any use or disclosure of any Content you provide.
	 It is Instagram's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Instagram does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Instagram is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kindbelow commitments to you.us. 

REPORTING COPYRIGHT AND OTHER IP VIOLATIONS	WHO CAN USE INSTAGRAM. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Instagram community. 

	 We respect other people's rights, and expect you to doYou must be at least 13 years old or the same.
	 We provide you with tools to help you protectminimum legal age in your intellectual property rights. To learn more about howcountry to report claimsuse Instagram.
	 You must not be prohibited from receiving any aspect of intellectual property infringement, visit here.our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
	 If you repeatedly infringe other people's intellectual property rights, we will disableWe must not have previously disabled your account when appropriate.for violation of law or any of our policies.
	 You must not be a convicted sex offender.

DISCLAIMER OF WARRANTIES	HOW YOU CAN'T USE INSTAGRAM. Providing a safe and open Service for a broad community requires that we all do our part. 

	 THE SERVICE, INCLUDING, WITHOUT LIMITATION, INSTAGRAM CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER INSTAGRAM NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERSYOU CAN'T IMPERSONATE OTHERS OR AGENTS (COLLECTIVELY, THE "INSTAGRAM PARTIES") MAKE ANY REPRESENTATIONSPROVIDE INACCURATE INFORMATION.
 You don't have to disclose your identity on Instagram, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.	 YOU CAN'T DO ANYTHING UNLAWFUL, MISLEADING, OR WARRANTIESFRAUDULENT OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESSFOR AN ILLEGAL OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE INSTAGRAM CONTENT; (C) USER CONTENT;UNAUTHORIZED PURPOSE.
	 YOU CAN'T VIOLATE (OR HELP OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATIONENCOURAGE OTHERS TO INSTAGRAMVIOLATE) THESE TERMS OR VIA THE SERVICE.OUR POLICIES, INCLUDING IN ADDITION,PARTICULAR THE INSTAGRAM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESSCOMMUNITY GUIDELINES, INSTAGRAM PLATFORM POLICY, AND MUSIC GUIDELINES. Learn how to report conduct or content in our Help Center.
	 YOU CAN'T DO ANYTHING TO INTERFERE WITH OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPAIR THE WARRANTIESINTENDED OPERATION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE SERVICE.

 THE INSTAGRAM PARTIES DO NOT REPRESENT	 YOU CAN'T ATTEMPT TO CREATE ACCOUNTS OR WARRANT THAT THE SERVICE WILL BE ERROR-FREEACCESS OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED;COLLECT INFORMATION IN UNAUTHORIZED WAYS.
 This includes creating accounts or collecting information in an automated way without our express permission.	 YOU CAN'T ATTEMPT TO BUY, SELL, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROMTRANSFER ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE INSTAGRAM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USEASPECT OF THE SERVICE IS AT YOUR SOLE RISK. THE INSTAGRAM PARTIES DO NOT WARRANT THATACCOUNT (INCLUDING YOUR USERNAME) OR SOLICIT, COLLECT, OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE INSTAGRAM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMITLOGIN CREDENTIALS OR DO NOT ALLOW THE DISCLAIMERBADGES OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. USERS.

 BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANTCAN'T POST PRIVATE OR CONFIDENTIAL INFORMATION OR DO ANYTHING THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHEREVIOLATES SOMEONE ELSE'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY.
 Learn more, including how to report content that you think infringes your intellectual property rights, here.	 YOU ACCESS ORCAN'T USE THE SERVICE. A DOMAIN NAME OR URL IN YOUR USERNAME WITHOUT OUR PRIOR WRITTEN CONSENT.

 THE INSTAGRAM PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITYPERMISSIONS YOU GIVE TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.US. As part of our agreement, you also give us permissions that we need to provide the Service. 

LIMITATION	 WE DO NOT CLAIM OWNERSHIP OF LIABILITY; WAIVERYOUR CONTENT, BUT YOU GRANT US A LICENSE TO USE IT.
 Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Data Policy and visit the Instagram Help Center.
	 PERMISSION TO USE YOUR USERNAME, PROFILE PICTURE, AND INFORMATION ABOUT YOUR RELATIONSHIPS AND ACTIONS WITH ACCOUNTS, ADS, AND SPONSORED CONTENT.
 You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings.	 YOU AGREE THAT WE CAN DOWNLOAD AND INSTALL UPDATES TO THE SERVICE ON YOUR DEVICE.

	 UNDER NO CIRCUMSTANCES WILL THE INSTAGRAM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE INSTAGRAM CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE INSTAGRAM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE INSTAGRAM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE INSTAGRAM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE INSTAGRAM PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). ADDITIONAL RIGHTS WE RETAIN

 YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF INSTAGRAM'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE INSTAGRAM PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE INSTAGRAM PARTIES. 	 If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
	 If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
	 You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
	 You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

 BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED,CONTENT REMOVAL AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOWDISABLING OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." TERMINATING YOUR ACCOUNT

 INSTAGRAM 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. 	 We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our Instagram Community Guidelines), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our Instagram Community Guidelines), if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If we take action to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center.
	 Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.

INDEMNIFICATIONOUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

	 You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Instagram's request), indemnify and hold the Instagram Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Instagram in the defense of any claim. Instagram reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Instagram. OUR AGREEMENT.

ARBITRATION	 Your use of music on the Service is also subject to our Music Guidelines, and your use of our API is subject to our Platform Policy. If you use certain other features or related services, additional terms will be made available and will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to the Community Payment Terms. If any of those terms conflict with this agreement, those other terms will govern.
	 If any aspect of this agreement is unenforceable, the rest will remain in effect.
	 Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
	 We reserve all rights not expressly granted to you.

	 Except if you opt-out or for disputes relating to: (1) your or Instagram's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Instagram (whether or not such dispute involves a third party) with regard to your relationship with Instagram, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Instagram hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Instagram will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Instagram is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Instagram or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. WHO HAS RIGHTS UNDER THIS AGREEMENT.

	 This agreement does not give rights to any third parties.
	 You may opt out ofcannot transfer your rights or obligations under this agreement to arbitrate. If you do so, neither you nor Instagramwithout our consent.
	 Our rights and obligations can require the otherbe assigned to participateothers. For example, this could occur if our ownership changes (as in an arbitration proceeding. To opt out, you must notify Instagram in writing within 30 daysa merger, acquisition, or sale of the date that you first became subject to this arbitration provision. You must use this address to opt out: assets) or by law.

 Instagram, LLC ATTN: Arbitration Opt-out 1601 Willow Rd. Menlo Park, CA 94025 WHO IS RESPONSIBLE IF SOMETHING HAPPENS.

 You must include your name	 Our Service is provided "as is," and residence address,we can't guarantee it will be safe and secure or will work perfectly all the email address you usetime. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
	 We also don’t control what people and others do or say, and we aren’t responsible for your Instagram account,their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and a clear statement thatfeatures offered by other people or companies, even if you want to optaccess them through our Service.
	 Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of this arbitration agreement. or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

 If the prohibition against class actions andHOW WE WILL HANDLE DISPUTES. IF YOU ARE A CONSUMER, THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE WILL APPLY TO ANY CLAIM, CAUSE OF ACTION, OR DISPUTE YOU HAVE AGAINST US THAT ARISES OUT OF OR RELATES TO THESE TERMS ("CLAIM"), AND YOU MAY RESOLVE YOUR CLAIM IN ANY COMPETENT COURT IN THAT COUNTRY THAT HAS JURISDICTION OVER THE CLAIM. IN ALL OTHER CASES, YOU AGREE THAT THE CLAIM MUST BE RESOLVED EXCLUSIVELY IN THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OR A STATE COURT LOCATED IN SAN MATEO COUNTY, THAT YOU SUBMIT TO THE PERSONAL JURISDICTION OF EITHER OF THESE COURTS FOR THE PURPOSE OF LITIGATING ANY SUCH CLAIM, AND THAT THE LAWS OF THE STATE OF CALIFORNIA WILL GOVERN THESE TERMS AND ANY CLAIM, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. UNSOLICITED MATERIAL. We always appreciate feedback or other claims brought on behalf of third parties contained above is foundsuggestions, but may use them without any restrictions or obligation to be unenforceable, then all of the preceding language in this Arbitration section will be nullcompensate you for them, and void. This arbitration agreement will survive the termination of your relationship with Instagram.are under no obligation to keep them confidential. 

TIME LIMITATION ON CLAIMSUPDATING THESE TERMS

	 You agree that any claim you We may have arising out of or related to your relationship with Instagram must be filed within one year after such claim arose; otherwise, your claim is permanently barred. 

GOVERNING LAW & VENUE

	 These Terms of Use are governed bychange our Service and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Instagram exclusively in a state or federal court located in Santa Clara, California,policies, and we may need to submitmake changes to the personal jurisdiction of the courts located in Santa Clara County for the purpose of litigating all such disputes. 

 If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, thenso that provision will be deemed severable from these Terms of Usethey accurately reflect our Service and policies. Unless otherwise required by law, we will not affect the validity and enforceability of any remaining provisions. Instagram's failurenotify you (for example, through our Service) before we make changes to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Instagram reserves the rightand give you an opportunity to change this dispute resolution provision, but any such changes will not apply to disputes arisingreview them before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Instagram. 

ENTIRE AGREEMENT

	 If you are using the Service on behalf of a legal entity, you represent thatthey go into effect. Then, if you are authorizedcontinue to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Instagram and governs your use of the Service, superseding any prior agreements between you and Instagram. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily orbe bound by operation of law, without the prior written consent of Instagram. Any purported assignment or delegation byupdated Terms. If you without the appropriate prior written consent of Instagram will be null and void. Instagram may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights. 

TERRITORIAL RESTRICTIONS

	 The information provided within the Service is not intended for distributionwant to or use by any person or entity in any jurisdiction or country where such distribution or use would be contraryagree to lawthese or regulation or which would subject Instagram to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Instagram provides. 

 Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service,updated Terms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.can delete your account, here. 

 The effective date of these Terms of Use is January
 Revised: April 19, 2013. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.2018

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