Terms of Service

Terms of Service

Last updated 3 April 2016. In effect as of 3 April 2016.
These Terms of Use (Terms) govern your use of our website located at https://ohsnp.com/ (including subdomains), the ohsnp service, and any applications provided by us (collectively Service), and form a binding contractual agreement between you, the user of the Service ohsnp. These Terms should be read in conjunction with our Privacy Policy. For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Service. By registering to use or using the Service you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Service.

1. Application of terms

  1. These Terms apply to all users of the Service, whether you are using the Service on your own behalf or on behalf of another individual or organization. If you are using the Service on behalf of an organization with their authorization, these Terms bind you in your personal capacity and the relevant organization.
  2. We may update or change the Terms at any time at our discretion. If we change the Terms, we will notify you by alerting you through our web platform. You must agree to be bound by the updated Terms by clicking “OK” before continuing to use the Service.

If you do not agree to the updated Terms, you must not continue to use the Service.

2. The Service

  1. We grant you a non-exclusive, worldwide, non-transferable, revocable right to use the Service in accordance with these Terms.
  2. You may access and use the Service (including any incidental copying that occurs as part of that use) in accordance with these Terms. You may also print one copy of any page within the Service for your own personal, non-commercial use.
  3. By logging into the Service and inputting your Instagram account details into the Service, you grant us the right and appoint us as your agent to use any information or content provided by you to conduct actions on your behalf, at your direction (such as posting that content to Instagram) in providing you the Service.
  4. You acknowledge and agree that the Service is not affiliated with or authorized by Instagram, and any access to Instagram (including via the Service) is governed by Instagram’s Terms of Use.
  5. The Service contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
  6. We do not have any obligation to monitor, edit or remove content provided by our users to the Service.
  7. OhSnp is not affiliated or sponsored by Instagram, Facebook or any Instagram third-party partners in any way.
  8. OhSnp operates completely separately from Instagram.
  9. OhSnp and Instagram trademarks are not related. These domain names and trademarks belong to absolutely different companies.
  10. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  11. Number of followers, likes and comments is not guaranteed in any way. 
  12. OhSnp does not guarantee the continuous, uninterrupted or error-free operability of the services.
  13. Support for OhSnp services is only available in English via email.
  14. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, OhSnp, or any other OhSnp service.
  15. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OhSnp customer, employee, member, or officer will result in immediate account termination.
  16. You understand that OhSnp uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  17. You understand that Instagram may ask you to confirm your account using the code sent by SMS or by any other means. OhSnp is not responsible if you do not get an SMS and unable to unlock the account. Your payment is non-refundable in this case. 
  18. If your bandwidth usage or load significantly exceed the average bandwidth usage (as determined solely by OhSnp) of other OhSnp customers, we reserve the right to immediately disable or limit your account until you can reduce your bandwidth consumption or load.
  19. OhSnp does not warrant that (I) the service will meet your specific requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) any errors in the Service will be corrected.
  20. Questions about the Terms of Service or any other matter should be sent to [email protected] in the English language.
  21. You acknowledge and agree that:
    1. we retain control over the Service and may alter, amend or cease the operation of the Service at any time in our sole discretion (we will give you reasonable notice of any alteration that materially adversely affects the functionality of the Service); and
    2. the Service may be unavailable from time to time (including for maintenance purposes). To the extent possible, we will notify you of any scheduled downtime; and
    3. You expressly understand and agree that OhSnp shall not be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OhSnp has been advised of the possibility of such damages).
    4. It is your sole responsibility to check whether the Terms have changed. 

3. Your Rights And Obligations

  1. You must not add any content to the Service:
    1. unless you hold all necessary rights, licenses and consents to do so;
    2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    3. that is or could reasonably be considered to be spam, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, unlawful, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
    4. that would bring us, or the Service, into disrepute; or
    5. that infringes the intellectual property or other rights of any person.
  2. You must not:
    1. attempt to duplicate or replicate, or reproduce, modify or prepare derivative works of, the Service, our content or any other material that you do not own;
    2. intentionally distribute viruses, malicious code or other items of a destructive or deceptive nature;
    3. access another person’s account (including Instagram account) without permission or give any third party access to your account with us;
    4. alter, disable, interfere with or circumvent any aspect of the Service or test or reverse-engineer the Service in order to find limitations, vulnerabilities or evade filtering capabilities; or
    5. do anything designed to affect access to or the integrity of the Service.
  3. It is your sole responsibility to comply with Instagram rules and any legislation that you are subject to. You use OhSnp at your own risk.
  4. OhSnp is not responsible for your actions and their consequences. We are not to blame if your Instagram account is banned for any reason.
  5. We require your Instagram username and password to obtain required information for Instagram API.
  6. OhSnp does not store, give away, use in a bad faith, or otherwise distribute your password to any third parties.
  7. There is a risk of losing your Instagram account when working with systems that are not approved by Instagram.
  8. You are responsible for any risks that come with using Instagram account via our system.

4. Payments

You acknowledge and agree that:

  1. we will debit your nominated payment method on the specified billing date (the day that your trial period ends) unless you cancel the Service prior to this date; and
  2. in the event you cancel the Service, refund of any monies paid is at our discretion (that is, payments are non-refundable, except at our discretion).
  3. You agree that upon purchasing our service, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via PayPal or any other payment systems.
  4. A valid credit or debit card is required for payment.
  5. Subscription fees are subject to change without any notification from OhSnp. Information about new pricing provided by posting to the OhSnp website. New pricing does not affect your paid period of time.
  6. OhSnp shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  7. We reserve the right to modify, suspend or withdraw the whole or any part of our service or any of its content at any time without notice and without incurring any liability.
  8. The Service is billed in advance on a yearly basis, as determined by your initial subscription date, and is non-refundable.

5. Intellectual Property

  1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Service.
  2. We acknowledge that as between you and us, you own all intellectual property rights in the content that you provide to the Service or otherwise provide to us for the purpose of providing the Service.
  3. By posting or adding any content to the Service, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) to provide you with the Service.
  4. We may sub-license the license in paragraph 5(c) to third party service providers who assist us in providing the Service.
  5. You consent to any act or omission which would otherwise, but for this clause, constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  6. The license in paragraph 5(3) will survive any termination of these Terms.
  7. You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in this clause 5.

6. Warranties

  1. You represent and warrant to us that:

    1. all Instagram accounts added to the Service are owned or controlled by you;
    2. you own the content provided by you to the Service, or, if you are using the Service on behalf of another person or organization, you have the necessary permission to provide content on that person or organization’s behalf;
    3. you will use the Service in accordance with these Terms;
    4. your use of the Service does not infringe any person’s intellectual property or other rights; and
    5. you have the legal capacity and the authority to enter these Terms.

7. Liability

  1. You are liable for any loss or damage directly or indirectly caused by any breach of your obligations under these Terms. You indemnify us for any loss or damage we suffer as a result of your breach of these Terms (including the warranties you give us under these Terms), or any wilful misconduct, unlawful acts or negligence in your use or misuse of the Service.
  2. To the full extent permitted by law, we exclude all liability for all claims, expenses, loss, damage and costs made against or incurred by you directly or indirectly arising out of or in connection with your use of the Service or your inability to use the Service, including in respect of economic loss, loss of data, interruption of business or any consequential or incidental damages.
  3. Our total liability to you for breach of contract under these Terms, for tort (including negligence), or for any other cause is limited to an amount equal to the total aggregate fee that you paid for the Service for the one month period immediately preceding the day upon which our liability arose.
  4. To the full extent permitted by law, we exclude all terms, representations, warranties, conditions, guarantees or obligations (whether express or implied) other than those expressly set out in these Terms.
  5. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied terms, representations, warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any breach of a term, condition or warranty implied under any law which cannot be excluded to, at our option:
    1. the supply of the Service again; or
    2. the payment of the cost of having the Service supplied again; or
    3. a pro-rata payment for the remainder of your subscription for that period.

8. Termination

  1. These Terms terminate automatically if, for any reason, we cease to operate the Service.
  2. We may otherwise terminate or suspend your access to the Service immediately, on notice to you, if you have breached these Terms in any way.
  3. You are solely responsible for properly canceling your account. You can request the cancellation of your account at any time by emailing support.
  4. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  5. If you cancel your subscription before the end of your current billing cycle, your cancellation will be effective on the day the next cycle is set to start. Until that date you will retain access to our Service.
  6. All rights granted to you in these Terms cease upon termination.

9. General

  1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
  2. If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
  4. You must be 18 years or older to use this Service.
  5. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  6. You must provide a valid email address and any other information requested in order to complete the signup process.
  7. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
  8. You are responsible for maintaining the security of your account and password. 
  9. OhSnp cannot and will not be liable for any loss or damage from your failure to comply with the above security obligation.
  10. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  11. One person or legal entity may not maintain more than one free account.
  12. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
  13. These terms are governed by the laws of New York, NY and each party submits to the jurisdiction of the courts of New York, NY.
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