Instantish, Inc. - Terms of Use

Version 2.0
Version Update: August 1, 2020

Instantish is located at:
325 Octavia St 339
San Franciso CA 94102
Instantish
4152365428


1. Terms

THIS TERMS OF USE APPLIES TO HTTPS://ITSINSTANTISH.COM (HEREINAFTER, “INSTANTISH, INC.”, “INSTANTISH”, “US”, OR “WE”). YOU AGREE TO READ THIS TERMS OF USE AND OUR PRIVACY POLICY (HTTPS://ITSINSTANTISH.COM/PRIVACY) BEFORE ACCESSING OUR WEBSITE. BY ACCESSING THE WEBSITE AT HTTPS://ITSINSTANTISH.COM OR ANY OF OUR PRODUCTS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE, ALL APPLICABLE LAWS AND REGULATIONS, AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE OR ITS PRODUCTS. THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROTECTED BY APPLICABLE COPYRIGHT AND TRADEMARK LAW.


2. Use License
Permission is granted for adults age 18 and over to temporarily access or download one copy of the materials (information or software) on Instantish’s website. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Instantish’s website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Instantish at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer
The materials on Instantish website are provided on an 'as is' basis. Instantish makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Furthermore, Instantish does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations
In no event shall Instantish, its partners, agents or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Instantish’s website or services, even if Instantish or their agent has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials
The materials appearing on Instantish’s website could include technical, typographical, or photographic errors. Instantish does not warrant that any of the materials on its website are accurate, complete or current. Instantish may make changes to the materials contained on its website at any time without notice. However, Instantish does not make any commitment to update the materials.

6. Your Account
You acknowledge and agree that you shall have no ownership or property interest in your User Account, and you further acknowledge and agree that all rights in and to your User Account are and shall forever be owned by Instantish.

7. Your Content
Instantish does not claim ownership of your content. When you post or publish content on Instantish you represent that you own or have a royalty-free, perpetual, irrevocable, worldwide, right and license to use, license, reproduce, modify, adapt, or publish, the content. You may not publish content owned by someone else without their express written permission.

8. Age Restriction for Use or Access
Instantish’s website and services are not for use by minors under the age of 18. Only adults age 18 and older are authorized to access the site and services.

9. Unauthorized Use or Access
You agree that you will not, under any circumstances interfere or attempt to interfere with the proper functioning of Instantish or connect to or use Instantish in any way not expressly permitted by the Terms. You also agree that you will not intercept, examine or otherwise observe any proprietary communications protocol used by a client, or server, whether through the use of a network analyzer, packet sniffer or other device. You also agree you will not upload, post, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

10. External Links
Instantish has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Instantish. Use of any such linked website is at the user's own risk.

11. Indemnification
YOU AGREE TO INDEMNIFY AND HOLD INSTANTISH, INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HARMLESS FROM ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) RELATING TO OR ARISING OUT OF OUR WEBSITE OR SERVICES. Instantish reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Instantish in asserting any available defenses. You agree that the provisions of this section will survive in perpetuity.

12. Release
You hereby release Instantish and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Instantish. If you are a California resident, you hereby waive California Civil Code Section 1542.

13. Force Majeure
Instantish shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, pandemics, riots, acts of civil or military authorities, fire, floods, or accidents.

14. Arbitration Requirement
Any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be San Francisco, California. California law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the Federal and State courts in California.

16. Severability
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

17. Modifications
Due to everchanging legal, regulatory, business, and technology requirements, Instantish may change its Terms of Use from time to time. Instantish encourages visitors to frequently check this page for any changes to its Terms of Use. The latest version number and publication date will always be displayed at the top of the policy. Your continued use of this site after any change in this Terms of Use will constitute your acceptance of such change.

18. Consumer Complaints.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

19. Questions?
If you have any questions about this Terms of Use, please contact us via email at support@itsinstantish.com.
Copyright © 2020 Instantish, Inc.