YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCEPT THE USER NAME AND SHOULD NOT MAKE ANY USE OF THE PLATFORM.
4. Accountability. You are solely responsible and liable for activity that occurs by using your User Name and/or Account and shall be responsible for maintaining the confidentiality of your Password. Please also refer to your obligations in sections 7, 8 and 9 below. You will immediately notify INSTABRAND in writing of any change in authorization, any unauthorized use of your Account or User Name, or other account related security breach of which you are aware.
6. Ownership. Except as expressly provided herein, INSTABRAND shall have the sole and exclusive ownership of all right, title and interest in and to the Platform, any enhancements thereto, any documentary or other materials regarding the use thereof and related thereto, and any data provided to you by INSTABRAND in whatever form or media. As between INSTABRAND and you, INSTABRAND or its licensors shall remain the sole and exclusive owner of all right, title and interest in and to the Platform and related documentation including, without limitation, any patents, patent applications, trademarks (whether registered or not), trade names and copyright in all territories.
For the avoidance of doubt, INSTABRAND shall not use such information or merge it with any INSTABRAND information.
8. Third Party Tracking. You should not append any third party tags to the INSTABRAND tags, nore should you allow any third party tracking or tagging (collectively: “Third Party Tags”) through the INSTABRAND Platform unless you comply with the following:
b. You will provide us and any advertiser you represent, where applicable, with notice of any Third Party Tags you wish to implement in the Platform;
c. INSTABRAND reserves the right to validate any Third Party Tag or Third Party Vendor for compliance with law and policy and for authenticity and is under no obligation to allow Third Party Tagging;
d. INSTABRAND may create Third Party Safe Lists, which shall contain Third Party Vendors who are certified to append Third Party Tags in our Platform, and reserves the right to block Third Party Vendors who are not validated for compliance.
e. Without derogating from the above, you shall be solely responsible for any Third Party Tag implemented through the Platform by using your User Name or on your behalf, including any damage cost or claim resulting from appending such Third Party Tag.
a. You are solely responsible for all aspects of any materials created, delivered, or managed through your Account or User Name (“Materials”). You will conduct all of your marketing, business, and other activities related to the Materials and use of the Platform in compliance with all local, state, and federal laws, rules and regulations applicable to your business, including but not limited to those of the Federal Trade Commission and state Unfair and Deceptive Trade Practices Acts and the laws of any other state or federal regulatory agency that has jurisdiction over Company’s business activities.
b. You agree not to use the Platform or Services in connection with, or to promote campaigns or ads containing: (i) content that is an invasion of privacy, degrading, defamatory, libelous, unlawful, profane, obscene, pornographic, hate material, or discriminatory; (ii) content that promotes any illegal activity including without limitation the promotion of gambling where prohibited, illegal substances, software piracy, or hacking; (iii) content that infringes on the personal rights, trademark, service mark, trade dress, trade name, logo, publicity right, copyright, patent rights, or any other intellectual property right of any third party; (iv) content, links or codes that promote or reference software piracy and/or activities generally understood as Internet abuse including but not limited to the sending of unsolicited bulk e-mail and the distribution or use of spyware, malware, worms, Trojan horses, time bombs, cancelbots, corrupted files, or similar software; or (v) content that you know to be false or misleading.
10. DISCLAIMER. THE PLATFORM, OTHER CONTENT PROVIDED THROUGH THE PLATFORM, AND ALL TECHNOLOGY, SOFTWARE, MATERIALS, DATA, OR IMAGES PROVIDED OR USED BY OR ON BEHALF OF INSTABRAND OR ITS LICENSORS IN CONNECTION WITH THE PLATFORM (COLLECTIVELY THE “PLATFORM OFFERINGS”) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, INSTABRAND MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PLATFORM OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (IN WHICH CASE THE PARTICULAR REQUIRED WARRANTY SHALL BE LIMITED TO THIRTY (30) DAYS OR THE MINIMUM REQUIRED PERIOD UNDER LAW, WHICHEVER IS LESS), INSTABRAND DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE PLATFORM OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. INSTABRAND WILL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, COMPANY’S ADVERTISEMENT OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. INSTABRAND MAY DISCONTINUE ANY ASPECT OF THE PLATFORM OR ANY PLATFORM OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE PLATFORM OR ANY PLATFORM OFFERING, AT ANY TIME. INSTABRAND ALSO DOES NOT WARRANT IN ANY WAY THAT THE PLATFORM OR THE PLATFORM OFFERINGS WILL BE PROVIDED IN AN UNINTERRUPTED MANNER OR THAT THE RELATED CONTENT WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS. IN ADDITION, INSTABRAND DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS OR THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT FROM USING THE PLATFORM.
11. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INSTABRAND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION ANY LOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE BENEFIT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT INSTABRAND HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL INSTABRAND’S LIABILITY EXCEED THE TOTAL AMOUNT PAID TO INSTABRAND BY YOU FOR SERVICES DURING THE PRECEDING SIX (6) MONTHS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. Additional Terms and Conditions. Some Services offered through the Platform may be subject to additional terms and conditions specified by INSTABRAND from time to time.