Terms of Service

Instaloops is operated by Hubmind LLC (“Hubmind LLC”, “we”, “us”). These Terms of Service (the “Terms”) are the agreement between you and Hubmind LLC for your use of the Instaloops websites, applications and services (together, the “Service”).

By creating an account, or by using the Service at all, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Service for an organization, you confirm that you are authorized to accept these Terms on that organization’s behalf, and “you” means both you and that organization.

Our Privacy Policy and Cookie Policy are part of this agreement.

You must be at least 13 years old to use the Service, and at least 16 if you live in the European Economic Area or the United Kingdom. If the law where you live sets a higher minimum age for online services, that age applies to you.

You may not use the Service if we have previously disabled your account for a violation of these Terms, or if you are barred from receiving services under applicable sanctions or export-control law.

You are responsible for what happens under your account, including keeping your sign-in credentials private. Tell us at [email protected] as soon as you believe someone else has gained access to it.

Give us accurate information when you sign up and keep it current. Do not impersonate anyone, and do not create an account on someone else’s behalf without their permission.

You keep all ownership of the posts, courses, images, video, audio, comments and other material you submit to the Service (“Your Content”). We do not claim ownership of it.

To run the Service, we need permission to handle Your Content. You grant Hubmind LLC a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt (for example, resizing an image or transcoding a video), publish, and display Your Content — but only for the purpose of operating, securing and improving the Service and showing Your Content to the audience you chose. This license ends when you delete Your Content, except that we may retain backup copies for a limited period and may keep copies that other members have shared or that we must keep by law.

You are responsible for Your Content. By posting it you confirm you have the rights you need to post it and to grant the license above, and that it does not break these Terms or the law.

Instaloops lets people create and run communities. The person or organization that runs a community (the “owner”) sets its own rules, decides who may join, and may remove members or content within it. Hubmind LLC does not run those communities and is not a party to the relationship between an owner and their members.

If you own a community, you are responsible for its rules, for moderating it, for the accuracy of what you advertise to members, and for meeting any legal obligations that come with what you sell or publish — including consumer, tax and data-protection obligations. You must not use Instaloops to run a community whose purpose is prohibited by Acceptable use below.

A community owner may receive personal information about their members (such as names, email addresses and activity in the community). When they do, they act as an independent controller of that information and must handle it lawfully.

You agree not to use the Service to:

• break the law, or encourage or help anyone else to break the law;
• post content that is unlawful, defamatory, harassing, hateful, threatening, or that sexualizes minors;
• infringe anyone’s copyright, trademark, privacy, publicity or other rights;
• send spam or unsolicited bulk messages, or run a pyramid or other deceptive scheme;
• upload malware, or try to gain unauthorized access to the Service, another account, or any system connected to it;
• probe, scan, overload or disrupt the Service, or bypass any rate limit, access control or security measure;
• scrape or harvest data from the Service by automated means, except as a documented API permits or as we allow in writing;
• misrepresent your identity or affiliation, or interfere with another member’s use of the Service.

You can report content or behavior that breaks these rules at [email protected].

We may review content and activity on the Service, and we may remove content, limit features, or suspend or terminate an account that we reasonably believe breaks these Terms or the law, or that creates risk for other members or for Hubmind LLC.

Where it is reasonable to do so, we will tell you what happened and why, and you may reply to [email protected] to ask us to look again. We may act without prior notice when the situation is urgent, when notice would be unlawful, or when the account is a repeat infringer.

Some parts of the Service are paid. Prices, billing periods and what each plan includes are shown at the point of purchase. Subscriptions renew automatically for the same period until you cancel, and you authorize us (through our payment processor) to charge your payment method on each renewal.

You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period, and you keep access until then. Except where the law requires a refund, or where we say otherwise in writing, payments are non-refundable and we do not prorate partial periods.

Payments are processed by third-party payment providers, and their terms apply to the payment itself. When you buy something a community owner sells, your contract for that purchase is with the owner, not with Hubmind LLC, and the owner is responsible for delivering it and for their own refund policy.

If you sell through Instaloops, you are responsible for the taxes on what you sell and for giving us accurate payout and tax information. We may withhold or reverse a payout when we reasonably suspect fraud, a chargeback, or a breach of these Terms.

We may change prices. For a subscription, we will give you at least 30 days’ notice before a price change applies to you, and you may cancel before it takes effect.

The Service itself — our software, design, text, logos and the Instaloops name — belongs to Hubmind LLC or our licensors and is protected by intellectual-property law. We grant you a limited, personal, non-transferable, revocable license to use the Service as it is intended to be used. We reserve every right we do not expressly grant you. Do not copy, modify, reverse engineer, resell or create derivative works from the Service, except where that restriction is unenforceable under the law that applies to you.

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices to [email protected] with the subject line “DMCA Notice”, and include:

• your physical or electronic signature;
• identification of the work you say was infringed;
• the URL of the material you want removed, specific enough for us to find it;
• your name, address, telephone number and email address;
• a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; and
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for them.

If your material was removed and you believe that was a mistake, you may send a counter-notice to the same address. We terminate the accounts of repeat infringers in appropriate circumstances.

The Service connects to and links out to services we do not control — payment processors, video and calendar tools, analytics, and whatever members choose to link to. We are not responsible for those services or for their content, and using them is governed by their own terms and privacy policies.

You may stop using the Service and delete your account at any time from your account settings, or by writing to [email protected].

We may suspend or end your access as described in Moderation and enforcement, or if we stop offering the Service. If we end your access without cause and you have paid for a period you cannot use, we will refund the unused part.

Sections that by their nature should survive — including Your content stays yours, Our intellectual property, Disclaimers, Limitation of liability, Indemnity and Disputes and governing law — survive the end of this agreement.

The Service is provided “as is” and “as available”. To the fullest extent the law allows, Hubmind LLC disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, that any content is accurate, or that any community will meet your expectations. Some jurisdictions do not allow these exclusions, in which case they do not apply to you.

To the fullest extent the law allows, Hubmind LLC and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of your use of the Service.

Our total liability for all claims relating to the Service in any twelve-month period is limited to the greater of the amount you paid Hubmind LLC in that period or one hundred US dollars (US$100).

Nothing in these Terms limits liability that cannot be limited by law, including for fraud, or for death or personal injury caused by negligence.

You agree to indemnify and hold Hubmind LLC harmless from any claim, loss, liability, or cost (including reasonable legal fees) arising out of Your Content, your use of the Service, your breach of these Terms, or your violation of any law or of anyone else’s rights. We will tell you about any such claim and you may control the defense, provided any settlement that affects us needs our written consent.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. If the law of your home country gives you rights that cannot be taken away by contract, those rights still apply.

Before filing anything formal, please write to [email protected] so we can try to resolve it directly — most issues are settled this way. If we cannot, you and Hubmind LLC agree to bring any dispute exclusively in the state or federal courts located in Delaware, and each of us consents to personal jurisdiction there.

We may update these Terms as the Service changes. When a change is material, we will give reasonable notice — by email, or in the Service — before it takes effect, and we will update the effective date at the top of this page. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and delete your account.

These Terms, with the Privacy Policy and Cookie Policy, are the entire agreement between you and Hubmind LLC about the Service. If any provision is found unenforceable, the rest stays in force. Our not enforcing a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of assets.

Questions about these Terms go to [email protected].