This website, services and Instalgic applications are owned and controlled by Birt, d.o.o. Velenje, (dba Instalgic) unless otherwise indicated.
EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND INSTALGIC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Instalgic is a software for individuals, groups, and companies (users) that engage with their target audience with consistent social interactions (liking, commenting, following, etc.).
I. BASIC TERMS
Instalgic is not affiliated with Facebook, Instagram, Twitter, or any social media site or service except as a user or advertiser or Facebook, Twitter Instagram third-party partners or other social media services or providers. You agree that it is your sole responsibility to comply with all Instagram, Facebook, Twitter or other social media sites rules and all laws, rules, and regulations that apply to you concerning sites that are receiving services from Instalgic. This includes but not limited to Copyright, Trademark, Fair Use, Privacy or any other Intellectual Property rights.
Instalgic is not responsible for any or all actions that you take or perform using Instagram, Facebook, Twitter, or other social media. The appropriateness or legal status of any posts to your account is solely your responsibility. Obtaining or accessing Instalgic services require access to social media password(s). Any changes or updates to your password(s) that are not corrected on Instalgic, will directly affect Instalgic ability to provide service(s), it is your responsibility to update this information with Instalgic.
Audience engagement is not guaranteed, engaging an audience is based on you content. Instalgic works to bring your content to the attention of your target audiences but cannot guarantee that the target audience will become engaged, follow or otherwise show an interest in your content. Instalgic does not have any control over who becomes a follower; we offer no protection from spam, fake, inactive or otherwise unwanted followers. It is always your responsibility to take appropriate action to block or otherwise disengage unwanted users from your account.
We reserve the right to modify, suspend or limit any offered service(s) at any time without notice. Instalgic when possible will apply its best efforts to provide reasonable notice to you when such change is or has occurred. Instalgic may at its sole discretion modify or terminate any and all service(s) when Instalgic becomes aware of a violation by you or your agent in connection to Instalgic, Facebook or other social media sites Terms of Service or a breach of any applicable rule, regulation or law that you are subject to without prior notice to you.
II. GENERAL TERMS
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on your social media account(s).
You also represent that all information you provide or provided to Instalgic upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password secret and secure. Instalgic will use its best efforts to use current Industry Standards for File storage and security to include encryption to protect the Social Media credentials you have submitted to Instalgic.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the social media sites that are proved service(s) offered by Instalgic, including, without limitation, any person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use social media sites that are proved service(s) offered by Instalgic for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of Content posted or supplied by you (defined as any posting by you to your social media accounts), including but not limited to, copyright laws.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) via social media sites that are provided service(s) by Instalgic.
We reserve the right to refuse access to the Instalgic Service(s) to anyone for any reason at any time. You are solely responsible for your interaction with other users of social media whether online or offline. You agree that Instalgic is not responsible or liable for the conduct of any user or member of your target audience. Instalgic has no obligation to monitor or become involved in disputes between you and other users of social media sites or member of your target audience.
Instalgic is not responsible for any content posted on any social media site(s) that you have agreed to receive service(s) from Instalgic. Instalgic does not check copyright, trademark or other Intellectual property rights associated with the content you post. You are solely responsible for any content you post on any site in any manner.
You agree that you are solely responsible for any and all violations of Intellectual Property laws, regulations, or customs and you certify by accepting service(s) from Instalgic that you have the right to use all content posted by you on any social media site that is receiving service(s) from Instalgic.
You represent and warrant that:
If Instalgic is notified by an appropriate party or authority as determined by Instalgic at its sole discretion that any or all of your sites repeatedly infringe other people’s intellectual property rights, we may cease and terminate all services to the infringing site(s) without refund of any earned amounts as of the date of termination.
To cancel your account before your cancellation date, you must contact Instalgic in writing 20 days prior to the cancellation date. Such writing may through email, addressed to email@example.com. If you cancel your user account or your user account is terminated for violating the terms contained herein all of your user account information may be deleted. You specifically acknowledge that, following such a cancellation request we may retain certain user account information only as required by applicable laws, rules, and regulations. The foregoing paragraph shall not relieve you of owed payments or constitute a waiver of any existing breaches to the terms contained herein. Except when such payment is waived in accordance with Instalgic’s current customer satisfaction guarantee effective at the time of cancelation.
TARGET AUDIENCE REACTION TO YOUR CONTENT; USER CONTENT; YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE(S); ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF Instalgic HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE(S)). IN NO EVENT WILL Instalgic BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL Instalgic TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE TOTAL BILLING FOR THE PRIOR THIRTY (30) DAYS WHICHEVER IS LESS… BY ACCESSING THE SERVICE(S), YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” AND ANY SIMILAR LAW OF ANY STATE, TERRITORY, OR NATION. Instalgic IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You must use this address to opt out:
You must include your name and residence address, the email address you use for your Instalgic account, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Instalgic.
TIME LIMITATION OF CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Instalgic must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW & VENUE
ASSIGNMENT AND SEVERABILITY
Software related to or made available as part of the Service(s) may be subject to Slovenian export controls. Thus, no software from the Service(s) may be downloaded, exported or re-exported: into (or to a national or resident of) any country to which the Slovenia has embargoed goods; or to anyone on the Slovenian Treasury Department’s list of Specially Designated Nationals or the Slovenian Commerce Department’s Table of Deny Orders. By downloading any software related to the Service(s), you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Instalgic may choose to sell assets, and may share or transfer customer information in connection with the evaluation of an entry in tree into such actions. If we or our assets are acquired or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.
In the event of such occurrence we shall notify the users affected so that proper notice if applicable can be reasonably given as required by law, rule or regulation. User is solely responsible for any notification required under United States, European Union General Data Protection Regulation, Canadian or Great Britain, law, rule, or regulation in effect at the time.
In Ljubljana , 12.04.2018