Thank you for using the Instagram application programming interfaces (the "Instagram APIs"). By using the Instagram APIs, you agree to the terms below. If you disagree with any of these terms, Instagram does not grant you a license to use the Instagram APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here http://www.Instagram.com/legal/terms/api/
Your license to the Instagram APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Instagram APIs. Instagram may terminate the license at any time for any reason. Your rights to use the Instagram APIs terminate automatically if (i) you violate any of these terms, (ii) Instagram publicly posts a written notice of termination on Instagram.com, (iii) Instagram sends a written notice of termination to you, or (iv) Instagram disables access to the Instagram APIs to you.
The Instagram APIs are owned by Instagram. (hereinafter "Instagram") and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the Instagram APIs, all updates, revisions, substitutions, and any copies of the Instagram APIs made by or for you. Instagram user photos are owned by the users (the photographers) and not by Instagram. All rights not expressly granted to you are reserved by Instagram.
a. You shall:
Comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Remember, Instagram doesn't own the images - Instagram users do. Although the Instagram APIs can be used to provide you with access to Instagram user photos, neither Instagram's provision of the Instagram APIs to you nor your use of the Instagram APIs override the photo owners' requirements and restrictions, which may include "all rights reserved" notices (attached to each photo by default when uploaded to Instagram), Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Instagram photos in compliance with the photo owners' requirements or restrictions.
Comply with any other terms and conditions a user has attached to his or her photo. For example, if a user marks a photo as "private" after using your service, your application must reflect those changes as soon as reasonably possible. If your application has any cached copies of photos that have become "private," you must remove as soon as reasonably possible.
Remove from your application within 24 hours any Instagram user's photos or other information that the owner of the photo asks you to remove.
b. You shall not:
Use Instagram APIs for any application that replicates or attempts to replace the essential user experience of Instagram.com or the Instagram iPhone App
Use the Instagram API to spam, or otherwise harass users with unwanted likes, comments or other actions.
Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use Instagram APIs.
Display more than 30 Instagram photos per page in your application or use an unreasonable amount of bandwidth.
Cache or store any Instagram user photos other than for reasonable periods in order to provide the service you are providing to Instagram users.
Use Instagram APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
Use Instagram APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
Use Instagram as a generic image hosting service for banner advertisements, graphics, etc.
Use Instagram APIs in a manner that adversely impacts the stability of Instagram.com servers or adversely impacts the behavior of other applications using the Instagram APIs.
Sell, lease, or sublicense Instagram APIs or access thereto or derive revenues from the use or provision of Instagram APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.
You shall not use "Instagram" in the hostname of your application, i.e. instagram.mydomain.com
You shall place the following notice prominently on your application: "This product uses the Instagram API but is not endorsed or certified by Instagram."
You may not use the Instagram logo without specific written permission from Instagram.
Any use of the Instagram logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the Instagram logo shall not imply any endorsement by Instagram.
The Instagram APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Instagram's rights apply to the Instagram APIs and all output and executables of the Instagram APIs, excluding any software components developed by you which do not themselves incorporate the Instagram APIs or any output or executables of the Instagram APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. Instagram owns all rights, title, and interest in and to the Instagram APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Instagram, including (but not limited to) the Instagram APIs and Instagram trademarks.
Instagram may elect to provide you with support or modifications for the Instagram APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Instagram may change, suspend, or discontinue any aspect of the Instagram APIs at any time, including the availability of any Instagram APIs. Instagram may also impose limits on certain features and services or restrict your access to parts or all of the Instagram APIs or the Instagram Web site without notice or liability.
Instagram is committed to free and open access to our APIs for non-commercial purposes. However, providing the APIs does have real costs for Instagram. For uses of Instagram APIs over a certain rate or for certain types of commercial applications, Instagram reserves the right to charge fees for future use of or access to the Instagram APIs.
SOME OF THE INSTAGRAM APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. INSTAGRAM DOES NOT REPRESENT OR WARRANT THAT ANY INSTAGRAM APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE INSTAGRAM APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND INSTAGRAM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF INSTAGRAM APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY INSTAGRAM APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
INSTAGRAM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE INSTAGRAM APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT INSTAGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL INSTAGRAM BE LIABLE TO YOU FOR ANY AMOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Instagram, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Instagram APIs. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "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." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Instagram and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Instagram APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Instagram shall use good faith efforts to provide you with written notice of such claim, suit or action.
Note that we reserve the right to reject any use of these terms in connection with the use of the Instagram API.