ACCEPTANCE OF THE TERMS

CHANGES TO TERMS

This Agreement may be updated by Instapps from time to time. All such updates and changes are effective immediately upon posting a revised version of this Agreement on this Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its contents, or the Service at any time without prior notice to you. If any change to this Agreement is not acceptable to you, your only remedy is to stop accessing and using the Site and Service.

DESCRIPTION OF SERVICE

Instapps provides businesses and other organizations ("Organizations") with an Application (the "Service") that you can purchase through its web site located at www.instapps.com (the "Site") or through other authorized resale partners. The Service allows Organizations to showcase products, services, images, pricing and other SKU-level information ("Products") within social networks, such as Facebook. The information that Organizations may choose to showcase using the Service includes, but is not limited to, still images, video, product descriptions, product pricing, service descriptions, service pricing, quantity available and links to e-commerce functionality on a third-party site. Instapps does not collect any individually identifiable information from the Organization's customers who use the Service. Instapps does not provide any direct e-commerce functionality to the Organization or its customers.

ACCESS AND REGISTRATION

In consideration of your use of the Site and Services, you represent that you are of legal age to form a binding contract; you agree that all information that you provide to Instapps in connection with your access to and use of the Site and Services (including, but not limited to, all information that you provide in the registration process) is true, accurate and complete; and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. We reserve the right to terminate this Agreement and to refuse, restrict or discontinue Service or access to the Site, or any portion or features of this Site and Services, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site and Services, in the event that any information provided by you in the registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or other agreement that you have with us.

You are responsible for maintaining the confidentiality of your password and account and are fully and solely responsible for all activities that occur under your password and account.

USE OF THE SERVICE

Subject only to the limited right to access and use the Service expressly granted to you under this Agreement, all rights, title and interest in and to the Service and its components shall remain with and belong exclusively to Instapps. You shall not modify, adapt, reverse engineer or hack the Service or falsely imply any association with Instapps, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. Except as expressly authorized by Instapps in writing, in no event shall you reproduce, duplicate, reverse engineer, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or the Site or its Service.

You agree that you shall not use the Service to:

intentionally or unintentionally violate any local, state, federal or international law, rule or regulation; upload, post, transmit, sell or otherwise make available any content, product or service that is unlawful, illegal, stolen, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable; falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, transmit, sell or otherwise make available any content, product or service that you do not have a lawful, legal right to make available or sell;
make available any content, product or service that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
access content, data, product or services not intended for you, or log onto a server or account that you are not authorized to access;
attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by Instapps or used by Instapps in providing the Service.

TERMS AND CONDITIONS APPLICABLE TO USER'S CUSTOMERS

You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the operation of your business. Each Organization or person using the Service is responsible for providing its own terms and conditions to its customers that will be accessing the Service to purchase the Products.

You shall place the following provision in the Terms and Conditions section of your web site and require your customers to accept and agree to the Terms and Conditions as a condition to using Instapps's Service: "If you are accessing our web site through the Instapps feature on FaceBook or another social media or online platform, then you must agree to Instapps's Terms and conditions of use which can be found at http://www.instapps.com/terms.php and your use of our site shall signify your agreement to be bound by Instapps's terms of service."

CONSENTS

Before continuing to access and use the Site and Service, you must obtain all required consents and approvals from your Company and from any customers, clients and other third parties who may be affected by, or may need to consent to, your access to and use of the Site and Services, whether such consents and approvals are required by this Agreement, law or otherwise.

PRIVACY POLICY

Information that you provide or that we collect about you and your Organization through your access to and use of this Site and Service is subject to our Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference. We encourage you to read and become familiar with our privacy practices. To review our Privacy Policy, please visit http://www.instapps.com/privacy.php

PAYMENT AND REFUNDS

The Service is made available on 6-month and 12-month basis. Our charges for paid plans are posted on our Website and may be changed from time-to-time. You will be billed every 6 months or annually starting on the day of the month your account was upgraded to any of the paid plans. Regardless of your billing cycle, there are no refunds or credits for partial months of service if you wish to terminate your account before your billing cycle ends. You may choose to test the Service with the free plan provided before you choose to purchase an upgrade to any of the paid plans. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time and shall be provided by updating this Agreement.

CANCELLATION AND TERMINATION

You are responsible for properly canceling your account. You can cancel your Instapps Service at any time following the instructions on the Refund Policy page. If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again. Instapps does not refund or prorate paid services. Instapps is not responsible for any decisions by Facebook or issues caused on Facebook that may impact your Facebook page(s).

Instapps reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service for any reason, including, if Instapps believes that you have violated this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities and you release Instapps from any and all liability stemming from such reporting and cooperating with local, state, federal and international law enforcement officials. Under no circumstances shall Instapps be liable to you or any third party for any modification, suspension or discontinuation of the Service.

You may choose to remove the Application from your Facebook account by clicking on "Unpublish Store" in the Merchant Dashboard. In addition, you can delete Instapps from your Facebook page; however, this will only remove the tab from your Facebook page and you are still active with the application until you remove the Application from your Application Settings area on Facebook.

MAINTENANCE

Instapps may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, Instapps shall not be liable to you or any third party for any interruption of Service for any reason, and you hereby release and agree to defend, indemnify and hold harmless Instapps from and against any and all claims, costs (including attorney's fees), injuries, losses or damages arising in connection with such interruption.

PROPRIETARY CONTENT

Instapps respects the intellectual property rights of others and expects you to do the same. Instapps has expended substantial time, effort, resources and funds to create the Application and Site and to develop and provide the materials, products and Services that are available through the Application and Site. You understand and agree that Instapps owns or (where required, appropriate or applicable) has been licensed by third parties to use all right, title and interest in and to the Site and the products and Services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the "Content").

You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of Malaysia and other countries, and that you acquire no ownership interest by accessing and using the Site, Service and the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of Instapps and its licensors.

IMAGE CONTENT

You retain all rights to any Content you submit for upload and use in Instapps. You agree that own or have use rights to use all Content you reference or post in Instapps. In addition, you agree to the following:

1. When you post Content, you are committing that the Content really, truly is yours - no one else's - and that the posting and use of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or human rights of somebody else. We're not responsible if it's not really yours or if you infringe on others' rights; you will be responsible if there are any costs associated with ownership and rights issues.
2. If you terminate your application subscription, your Content from the Site won't be used outside of the Site anymore and will hide it from search results within the Site, but we might still have it stored in backup files or on servers, and we are not responsible for sites on which it was linked or shared prior to subscription cancellation. Also, we will retain it if needed for any legal reason.
3. You understand that your Content is public. It can and will be seen by any user of the application on public social networks.
4. If you stop using the Instapps application your Content will remain in our Site, unless you actively remove your Content. However, the rights you granted to Instapps remain.
5. You agree that you will follow all use and ownership terms in Facebook’s Statement of Rights and Responsibilities.

Limits on Content: The Facebook and Instapps communities are a place for people of varying ages, backgrounds and from all walks of life. Because of this, we strive to create an application inside of this community where everyone feels welcome, and thus there are limits on the types of content that can be uploaded. Broadly, we prohibit anything that is derogatory to somebody else; anything that you didn't create; or anything that is illegal. The following items are prohibited: anything that is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person or group; harasses or advocates harassment of another person; exploits people in a sexual or violent manner, including child pornography; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person; contains or promotes something you know is false or misleading; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates someone's rights of privacy or publicity; defames or libels somebody; infringes somebody's copyrights, trademarks, contract rights or any other rights of any person; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for unauthorized commercial or unlawful purposes from other Users; provides or creates computer viruses; or includes a photograph or video of another person that you have posted without that person's consent.

COMPLIANCE WITH LAW

In connection with your access to and use of the Site and Services and that of any person authorized by you to use the Service, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. These assurances and commitments by you shall survive termination of this Agreement.

LINKED SITES

For your convenience, certain hyperlinks may be provided on the Site which link to other Websites that are not under the control of Instapps. Instapps does not sponsor or endorse such Web sites and is not responsible for the accuracy, content or any aspect thereof. Instapps disclaims all liability for such Websites, and for any use of the links to such Websites or use of such Websites themselves. Instapps also disclaims all liability and makes no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other Websites, and the offer or purchase of products or services on or through such other Websites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against Instapps arising from or based on your use of, or the offer or purchase of products or services on or through, such other Web sites.

DISCLAIMER

Although Instapps strives to make this Site and the Service helpful, reliable and current, you understand that your access to and use of the Site and the Service is at your own initiative and risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Site and Service are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you, or your Company, may desire to use them; and (ii) free of viruses and other destructive routines. ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. INSTAPPS DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. INSTAPPS DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES, TROJAN SOFTWARE, HACKER ACTIVITY OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL INSTAPPS, ITS SUBSIDIARIES, CONTRACTORS, SUPPLIERS, AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES ARE COLLECTIVELY, THE "INSTAPPS ASSOCIATES"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, INSTAPPS ASSOCIATES SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS LESS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. IN A jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of THE INSTAPPS ASSOCIATES shall be limited in accordance with this Agreement to the fullest extent permitted by law.

INDEMNIFICATION/RELEASE

You, on behalf of yourself, your company, subsidiaries, affiliates, officers, directors, members, managers, employees, agents, customers and contractors, (collectively "User Parties") hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold all of the Instapps Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), whether under contract, warranty, tort (including negligence, strict liability, product liability or other theory) relating to any claim User Parties may now or later have due to or arising out of your access to and use of the Content, the Site, and Services, any violation of this Agreement or any violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.

MISCELLANEOUS

This Agreement and the Instapps Privacy Policy referenced herein (as each may be revised and amended from time to time), constitute the entire agreement with respect to your access to and use of the Site and Service available on or through the Site. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of Instapps's copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits upon any person other than you, your Organization and Instapps. Instapps may assign its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of Instapps. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision of this Agreement and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall not be construed to make you and Instapps a partner, agent or joint venture of each other.