Terms of Service
Version 1.0, Effective September 9, 2022
Instashot by 172 Labs is a virtual photography studio.
These Terms of Service explain your rights and responsibilities when you use Instashot.
1. Privacy Policy
The Instashot Privacy Notice explains what information we collect when you use Instashot and how that information is handled and shared.
2. Communications and Content
Instashot allows users to send information (such as audio, video, text, images, 3D models, and scenes) to other users.
By using Instashot, you agree to give 172 Labs all rights necessary to operate Instashot. This includes, but is not limited to, a license and permission to process, transmit, and display the information you send through Instashot. It also includes permission to gather and share information as described in the Privacy Notice for Instashot.
When you submit information to Instashot, you continue to own the rights to your content. You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display that information, audio, video, images, or 3D models for the purpose of operating Instashot. You also agree that we may remove metadata associated with the information or data you submit..
You also represent and warrant that you have the authority to grant 172 Labs all rights and permissions necessary for the operation of Instashot.
Any ideas, suggestions, and feedback about Instashot that you provide to us are entirely voluntary, and you agree that 172 Labs may use such ideas, suggestions, and feedback without compensation or obligation to you.
You are solely responsible for the information you send, create, or edit using Instashot, and the consequences of sending, creating, or editing that information.
3. Conditions of Use
172 Labs reserves the right to remove any content, suspend any users, and shut down any room it reasonably believes has violated these conditions.
4. Services Interruption; Term; Termination
We are continuing to develop Instashot. As a result, we plan to upgrade and change them over time. To do this, we might have to temporarily suspend their service and it is not always possible for us to give notice. You will not be entitled to claim expenses or damages for such suspension or limitation of the use of Instashot.
These Terms apply to your use of Instashot and will continue to apply until ended by either you or upon notice from 172 Labs. You can choose to end them at any time for any reason by discontinuing your use of Instashot.
We may cut off your access to Instashot, either temporarily or permanently at any time for any reason. This includes, but is not limited to, situations where we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for 172 Labs; or (iii) providing and operating Instashot is no longer commercially viable. If possible, we will make reasonable efforts to notify you through the relevant program.
In all such cases, these Terms shall terminate, including, without limitation, your license to use Instashot, except that the sections with the following titles shall continue to apply: Indemnification, Disclaimer; Limitation of Liability and Miscellaneous.
6. Indemnification
You agree to defend, indemnify and hold harmless 172 Labs, and its respective parent and affiliate companies, contractors, contributors, licensors, partners, directors, officers, employees and agents ("Indemnified Parties") from and against any and all third party claims and expenses, including attorneys' fees, arising out of or related to your use of Instashot. This includes, but is not limited to, claims and expenses from any content you transmit, edit, or create using Instashot.
7. Disclaimer; Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES, HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING.
YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR CONTENT IS DELETED OR CORRUPTED. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
EXCEPT AS REQUIRED BY LAW, THE INDEMNIFIED PARTIES, WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF THE INDEMNIFIED PARTIES, UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. Modifications to These Terms
172 Labs may update these Terms from time to time. We will post the updated Terms online. If the changes are substantive, we may announce the update through 172 Labs’ usual channels for such announcements such as blog posts, forums, or in the particular service itself.
Your continued use of Instashot after we post the new Terms constitutes your acceptance of the new Terms. To make your review more convenient, we will post an effective date at the top of this page.
9. Miscellaneous
These Terms make up the entire agreement between you and 172 Labs concerning Instashot. The laws of the state of California, U.S.A (excluding its conflict of law provisions) govern this agreement.
If any portion of these Terms is held to be invalid or unenforceable, the remaining portions remain in full force and effect. If there is a conflict or ambiguity between a translated version of these terms and the English language version, the English language version applies.
10. Contact Us
For support, to provide feedback, or to report abuse of Instashot or violations of the Conditions of Use, you can email us at [email protected]
