InstaXion Terms & Conditions 15 minutes read

Instaxion Terms and Conditions  

Effective Date: March 13, 2020. 

Terms and Conditions: 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Instaxion.com website (the "Service") operated by PMFA S.R.L ("we", "we" or "our") 

Your access and use of the Service is conditioned on your acceptance and compliance with these Terms.  These Terms apply to all visitors, users, and others who access or use the Service.  You guarantee that you are of legal age in your country and that you are legally capable of entering into binding contracts.  Yes, you guarantee that you have obtained the consent of your parents or guardians and they agree to abide by these Terms on your behalf. 

By accessing or using the Service, you agree to be bound by these Terms.  If you disagree with any part of the terms, you will not be able to access the Service. 

Content:   

Our Service enables you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content").  You are responsible for the Content you post on the Service, including its legality, reliability and appropriateness.  

By posting Content on the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service.  You retain each and every one of your rights to any Content that you submit, post or display on or through the Service and you are responsible for protecting those rights.  You agree that this license includes the right to make your Content available to other users of the Service, who may also use your Content subject to these Terms.  

You declare and guarantee that: (i) the Content is yours (you own it) or you have the right to use it and you grant us the rights and license as provided in these Terms, and (ii) the publication of your Content in or through  of the Service does not violate the privacy rights, advertising rights, copyrights, contractual rights or any other right of any person.  In addition, you warrant that: (i) the Content will not cause you or us to violate any law, regulation, rule, code or other legal obligation;  (ii) the Content will not be considered or not reasonably as obscene, inappropriate, defamatory, derogatory, indecent, seditious, offensive, pornographic, threatening, abusive, susceptible to incite racial, discriminatory, blasphemous hatred, in violation of trust or in  violation of privacy;  (iii) the Content will not be requested, undisclosed or unauthorized advertising;  (iv) the Content does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;  and (v): the Content does not discredit us or the Service.  

You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and to make such records available at our reasonable request.  

We have no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service.  We reserve the right to modify or delete any Content at any time.  

You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks related to such public disclosures. 

Accounts   

• When you create an account with us, you must provide us with accurate, complete, and up-to-date information at all times.  Failure to do so constitutes a violation of the Terms, which may result in the immediate termination of your account on our Service.  
• You are responsible for safeguarding the password you use to access the Service and for any activity or action under your password, whether you are on our Service or on a third party service.  
• You agree not to reveal your password to any third party. 
• You agree to be fully responsible for activities related to your account or password. 
• You must notify us immediately upon realization of any security breach or unauthorized use of your account.  
• You may not use as a username the name of another person or entity or that is not legally available for use, a name or trademark that is subject to the rights of another person or entity other than you without proper authorization, or  a name that is otherwise offensive, vulgar, or obscene. 

Intellectual property   

The Service and its original content (excluding the Content provided by users), the features and functionality are and will remain the exclusive property of PMFA S.R.L and its licensors.  The Service is protected by copyright, trademark and other laws of both Australia and foreign countries.  Our trademarks and our commercial image may not be used in connection with any product or service without the prior written consent of PMFA S.R.L.  Nothing in these Terms constitutes a transfer of our Intellectual Property rights to you.  

You are permitted to use the Service only as authorized by us.  As a user, you are granted a limited, non-exclusive, revocable and non-transferable right to use the Service to create, display, use, reproduce and download Content subject to these Terms.  

Our intellectual property should not be used in connection with a product or service that is not affiliated with us or in any way discredits us.  

You must not modify the physical or digital copies of any Content that you print or download in any way, and you must not use any illustration, photograph, video or audio, or any graphic separate from the accompanying text.   Any opinion, advice, statement, service, offer or other information or content expressed or made available by other users are those of the respective authors or distributors and not of us. 

Links to other websites   

Our Service may contain links to third party websites or services that are not owned or controlled by PMFA S.R.L.   PMFA S.R.L has no control and assumes no responsibility for the content, privacy policies or practices of third party websites or services.  Furthermore, you acknowledge and accept that PMFA S.R.L will not be responsible, directly or indirectly, for any damage or loss caused or presumably caused by the use or dependence of said content, goods or services available.  on or through such websites or services.  

We only provide links to external websites for your convenience, and the inclusion of such a link to external websites does not imply our endorsement of such websites. 

You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.   We strongly recommend that you read the terms and conditions and privacy policies of the third party websites or services you visit. 

Termination   

• We may cancel or suspend your account immediately, without notice or liability, for any reason, including without limitation, if you do not comply with the Terms.  
• Upon termination, your right to use the Service will cease immediately.  If you want to cancel your account, you can simply stop using the Service.  
• All provisions of the Terms that, by their nature, must survive termination, will remain in effect, including, but not limited to, property provisions, disclaimers of warranty, compensation and limitations of liability.  
• We will not be liable to you or any third party for any claim or damage arising from any termination or suspension or any other action we take in connection with this.  
• If applicable law requires us to provide a termination or cancellation notice, we may give a prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) we have for you in our records. 

Compensation   

As a condition of your access and use of the Service, you agree to indemnify us and our successors and assign all damages, costs, expenses and other liabilities, including, but not limited to, legal fees and expenses, in connection with any claims arising or  related to your access and use of the Servuce or your breach of these Terms and any applicable law or the rights of another person or party.  

This indemnity section survives the expiration of your registration and applies to claims that arise both before and after registration ends. 

Liability limitation   

You agree that we will not be responsible for damages suffered as a result of using the Service, copying, distributing or downloading Service Content. 

In no event will we be liable for any indirect, punitive, special, incidental or consequential damages (including loss of business, income, profits, use, privacy, data, goodwill or other economic advantage), however, it arises, either by  breach of contract or tort, even if the possibility of such damage has been previously reported.  

You are solely responsible for the adequate security protection and backup of the data and / or equipment used in connection with your use of the Service and will not file a claim against data loss, repetition time, inaccurate instructions  , delays in work or loss of benefits resulting from the use of the Service.  You must not assign or dispose of your account to any other person.  

Without limiting the foregoing, in no case will our added liability to you exceed, in total, the amounts you paid us. 

Disclaimer   

Your use of the Service is at your own risk. 

The Service is provided "AS IS" and "AS AVAILABLE".  The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. 

PMFA S.R.L, its subsidiaries, affiliates and its licensors do not guarantee that a) the Service works without interruptions, is secure or available at a particular time or place;  b) any error or defect will be corrected;  c) the Service is free of viruses or other harmful components;  or d) the results of using the Service will meet your requirements.  

This disclaimer applies to damage or injury caused by any performance failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or  unauthorized access or alteration or use of records in connection with the use or operation of the Service, whether for breach of contract, tortuous behavior, negligence or any other cause of action.  

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the content on the Service for any purpose.  Therefore, any reliance you place on such information is strictly at your own risk.  We deny any representation of express or implied warranty or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or without errors.  We are not responsible for the consequences of any interruption or error in the Service. 

Exclusions   

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. 

Governing Law   

These Terms will be governed and interpreted in accordance with the laws of the Eastern Republic of Uruguay, without taking into account its provisions on conflicts of laws.   Our breach of any right or provision of these Terms will not be considered a waiver of those rights.  If any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.  These Terms constitute the entire agreement between us regarding our Service, and supersede and supersede any prior agreements that we may have between us regarding the Service.  Changes  We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  If a review is material, we will attempt to provide notice at least 15 days in advance before the new terms take effect.   It is your responsibility to periodically check these Terms to see if there are changes.  If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service.  Your continued use of the Service will be deemed your acceptance of it. 

Customer information   

• The Client owns the rights to his data as a data controller, and the service acts as a data processor on behalf of the Client.  All processing by the service of personal data and other data provided by the Client will be carried out in accordance with applicable laws.  Therefore, the processing of personal data by the service on behalf of the Client will only be performed to provide the Product and will be subject to the Client's written instructions.  
• The Client is obliged to keep secret the logins and passwords of the users of the Product of any unauthorized user or third parties. 
• The Client is obliged to guarantee that the personal data provided by the Client and used in the Product are processed by the Client in accordance with all applicable laws. 
• The Client is obliged to guarantee that the Client's data provided in the Product, including personal data, does not violate any third party intellectual property rights and / or any applicable legislation.  
• The service has the right to delete any data that, in its sole discretion, constitutes a violation of the commitment mentioned by the Client, and the Client will not be entitled to any compensation in this regard. 

Facebook Pixel Integration Feature   

When you use the Instaxion.com Facebook Pixel integration feature, you are placing your Facebook Pixel in your profile and thus becoming the controller of your Facebook data, and providing this data to Facebook Inc. By using this  function, accepts Facebook Inc. terms and agrees that you are now in a data controller / data processor relationship with Facebook Inc. 

Google Analytics integration feature   

When you use the Google Analytics integration feature of Instaxion.com, you are placing your Google Analytics in your Google Analytics user profile and therefore becoming the controller of your Google Analytics data, and providing this data to  Google Analytics.  By using this function, you accept Google Analytics.  terms and agree that you are now in a Google Analytics data controller / data processor relationship that belongs to Google LLC Company. 

Data location   

You agree that by using this service, all data stored as described in the privacy policy and herein, as necessary for the product to function, is stored and processed in the United States of America and is not stored within the  European Union. 

Contact Us   

If you have any questions about these Terms, please contact us.  info@Instaxion.com 

Subscriptions   

Some parts of the Service are billed by subscription ("Subscriptions").  You will be billed periodically and periodically in advance ("Billing Cycle").  Billing cycles are set monthly or annually, depending on the type of subscription plan you select when purchasing a subscription.   At the end of each billing cycle, your subscription will automatically renew under the same conditions, unless you cancel or PMFA S.R.L cancel it.  You can cancel your subscription renewal through your online account administration page or by contacting the PMFA S.R.L customer service team.   A valid payment method, including a credit card, is required to process your Subscription payment.  You must provide PMFA S.R.L with accurate and complete billing information including full name, address, state, zip code, and valid payment method information.  By submitting such payment information, you automatically authorize PMFA S.R.L to charge all subscription fees incurred through your account to such payment instruments.   If automatic billing does not occur for any reason, PMFA S.R.L will issue an electronic invoice indicating that you must proceed manually, within a certain deadline, with the full payment corresponding to the billing period indicated on the invoice. 

Free Trial   

PMFA S.R.L may, in its sole discretion, offer a Free Trial Subscription for a limited period of time ("Free Trial").  You may need to enter your billing information to sign up for the Free Trial.   If you enter your billing information when registering for the Free Trial, PMFA S.R.L will not charge you until the Free Trial has expired.  On the last day of the free trial period, unless you cancel your subscription, you will automatically be charged the applicable subscription fees for the type of subscription you have selected.   At any time and without prior notice, PMFA S.R.L reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel said free trial offer. 

Rate changes   

PMFA S.R.L, at its sole discretion and at any time, may modify the Subscription rates.  Any changes to the subscription fee will take effect at the end of the current billing cycle.   PMFA S.R.L will provide you reasonable prior notice of any changes in Subscription fees to give you an opportunity to terminate your Subscription before such change takes effect.   Your continued use of the Service after the change in the Subscription fee becomes effective constitutes your acceptance to pay the amount of the modified Subscription fee. 

Refunds   

Except where required by law, paid subscription fees are non-refundable.