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WEBSTA Terms of Service

Last modified: November 14, 2012

Please read these Terms of Service carefully as they apply to the services on the Websta website at websta.me (“Site”) and your use of the Site. By using or accessing the Site, you expressly consent which form a legally binding agreement between you and A-FIS PTE. LTD., a Singapore corporation (“We”, “Us”, “Our”).

1. Our Services

1.1 Websta is a web viewer for Instagram, the free photo-sharing program and social network. You can also post comments for photos on the Site. We may provide other services through the Site from time to time. We reserve the right to make changes and update any information or content of the Site and the services offered without any prior notice.

1.2 Unless stated otherwise, all services are provided free of charge.

1.3 Our services may be supported by advertising revenue and We may display advertisements and promotions on the Site. The manner, mode and extent of such advertising and promotions are subject to change without notice.

1.4 You do not need to register to use Site. However, certain features can be accessed only by users who log in using their Instagram user ID and password. You can also log in using your Facebook account to access certain features.

2. Third-party sites

2.1 We use certain third-party websites, services and API to provide Our services through the Site. Therefore, We require that your use of the Site be in compliance with all applicable terms of usage, including:

2.2 The Site contains links to third-party sites. When you click on any link that takes you outside of the Site, your use of the Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing.

2.3 We, Our affiliates, members, employees and agents will not be responsible or liable for the content, activities, offerings, privacy practices or terms of usage of other websites.

3. Acceptable Use

3.1 You agree to not use the Site and Our services to:

  • (i) post unauthorized and unsolicited commercial communications;
  • (ii) introduce e-viruses or other malicious code;
  • (iii) solicit login information or access an account belonging to someone else;
  • (iv) bully, intimidate, or harass any user;
  • (v) post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
  • (vi) do anything unlawful, misleading, malicious, or discriminatory;
  • (vii) violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person;
  • (viii) result in a breach of contract between you and a third party;
  • (ix) do anything that could disable, overburden, or impair the proper working or appearance of the Site; and
  • (x) facilitate or encourage any violations of this Terms of Service.

3.2 You are solely responsible for complying with all applicable laws in all of your actions related to your use of the Site. You may not use the Site for activities that violate any law, statute, ordinance or regulation. You are required to comply with all applicable laws regarding online conduct.

3.3 You agree not to use, or to encourage or permit others to use the Services in contravention of any applicable law, statute, ordinance or regulation or in breach of Our rights or the rights of any third party.

4. Intellectual property rights

4.1 We do NOT claim ownership rights in any content that you post or otherwise make visible on the Site. By post or otherwise make visible any Content on the Site, you grant Us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels. Content not shared publicly shall not be distributed outside Instagram.

4.2 By posting or otherwise making visible any content on the Site, you represent and warrant that: (i) you own the content or otherwise have the right to grant Us the license as stated above, (ii) the posting and use of your content does not violate this Terms of Service. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Site.

4.3 The Site also contains Our content, third-party content and content of other Users. Except as provided within this Terms of Service, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site. All such content is protected by copyright, trademark, patent, trade secret and other laws. We own and retain all rights in Our content and hereby grant you a limited, revocable, non-sublicensable license to reproduce and display Site (excluding any software code) solely for your personal use.

4.4 The Site performs technical functions necessary to offer the services, including but not limited to transcoding and/or reformatting content to allow its use throughout the Site.

5. Indemnity

5.1 You agree to defend, indemnify and hold Us including Our employees, officers, agents and contractors and Our related bodies corporate and their employees, officers, partners, agents and contractors harmless from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including costs and attorney’s fees) arising from:

  • (i) your use of and access to the Websta services;
  • (ii) your violation of this Terms of Service;
  • (iii) your violation of any third party right such as copyright, property, or privacy right; or
  • (iv) any claim that use of the Websta services caused damage to a third party.

5.2 This indemnification obligation will survive after the termination of this Terms of Service.

6. Warranties

6.1 Although the Site and the services are usually available, there will be occasions when the Site or the services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond Our control.

6.2 We shall not be liable for any modification, suspension, or discontinuation of the services. We provide the Site, content and Our services “as is”, without any express, implied, statutory or other warranty, including the warranties of title, non-infringement, quiet enjoyment, merchantability, or fitness for a particular purpose.

6.3 Any content downloaded, made available, or otherwise obtained through use of the Site or services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. We assume no liability for any computer virus or other malicious code that is downloaded to your computer from the Site.

6.4 No advice or information, whether oral or written, obtained by you from Us shall create any warranty not expressly stated in this Terms of Service.

7. Miscellaneous

7.1 For information about Our data protection and collection practices, please read Our Privacy Policy at websta.me/tos, which is incorporated in this Terms of Service by this reference. You agree to Our use of your data in accordance with the Privacy Policy.

7.2 We may provide you with notices, including those regarding changes to this Terms of Service, by email, regular mail, or postings on the Site. You may provide Us with notices by email to [email protected]

7.3 This Terms of Service supersedes any prior agreements between you and Usfor the use of Our services.

7.4 The laws of Singapore shall apply to any disputes arising out of or relating to these terms or the services. All claims arising out of or relating to these terms or the services will be litigated exclusively in the courts located in Singapore.

7.5 Our failure to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service is found by a court of competent jurisdiction to be invalid, the other provisions of this Terms of Service remain in full force and effect.

7.6 You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Terms of Service.

7.7 This Terms of Service is subject to change at any time without notice. To make sure you are aware of any changes, please review it periodically.