Terms of Use

Set forth below are the terms and conditions governing InstaTravelGals.com (“Insta Travel Gals” or the “Company”). By visiting InstaTravelGals.com website, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you use the service offered (the “Service”) by InstaTravelGals.com. If you do not wish to abide by this Agreement, please do not post a profile, do not apply for a membership, and do not use any portion of this site. We reserve the right to change, update, modify, and/or revise these terms of use at any time at our sole discretion, without notice or liability. Please check back often to review any updated terms.

Eligibility

The Website is not intended to be viewed, and the Service is not intended to be purchased or used, by minors or anyone under the age of eighteen. By entering the Website or using the Service, you are agreeing that you are not under the age of eighteen.

Billing and Refund Policy

All purchases made and Services contracted by you with InstaTravelGals.com are final and no refunds or credits will be given to you for any reason if you cancel this Agreement or do not use or discontinue the Service before the end of the Agreement (except the aforementioned period before the contract begins). In no event shall you be entitled to refunds or credits because of a curtailment of the Service for any reason, including but not limited to: meeting a partner through the Service, meeting a partner outside of the Service, dissatisfaction with the Service, or a “pause” or “break” from the Services of InstaTravelGals.com. In other words, once the Service begin, no refunds or credits will be provided.

If you use a PayPal payment account and cancel your subscription, you will need to verify subscription purchases – and manage accordingly – to avoid additional billing.

InstaTravelGals.com may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.

Interactions

You are solely responsible for your interactions, online or in person, with individuals represented on InstaTravelGals.com. By using the Service of InstaTravelGals.com, you understand and agree that InstaTravelGals.com does not in any way screen the member profiles. InstaTravelGals.com makes no representations or warranties as to the conduct of any person you meet through the Service. In no event shall InstaTravelGals.com be liable for any damages whatsoever, either direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including, without limitation, bodily injury, death, emotional distress, and/or other damages resulting from communications or interactions, online or in person, with any persons you meet through the Service offered by InstaTravelGals.com.

Third Party Services

The Website may contain advertisements and promotions offered by third parties and links to other websites or resources. InstaTravelGals.com is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Website, such party’s terms will govern their relationship with you. InstaTravelGals.com is not responsible or liable for such third parties’ terms or actions.

Rights you Grant InstaTravelGals.com

All emails and their content sent to any email addresses of the Website becomes the property of InstaTravelGals.com.

By posting a profile on the Website, you grant to InstaTravelGals.com a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties such as Instagram, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”). InstaTravelGals.com’s license to your Content shall be non-exclusive, except that InstaTravelGals.com’s license shall be exclusive with respect to derivative works created through use of the Service. For example, InstaTravelGals.com would have an exclusive license to screenshots of the Service that include your Content. In addition, so that InstaTravelGals.com can prevent the use of your Content outside of the Service, you authorize InstaTravelGals.com to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service.

You agree that all information that you submit upon creation of your account, including information submitted from your Instagram account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to InstaTravelGals.com above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

In consideration for InstaTravelGals.com allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to InstaTravelGals.com regarding our Service, you agree that InstaTravelGals.com may use and share such feedback for any purpose without compensating you.

Please be informed that InstaTravelGals.com may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

Website Rules

You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is false, unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law, or which, without the Website’s express written prior approval, contains advertising or any solicitation with respect to the Service. Additionally, when interacting online or in person with anyone identified by the Website, you shall not violate or infringe in any way upon the rights of others, and you shall not engage in any behavior which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law.

Other Members’ Content

Although InstaTravelGals.com reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and InstaTravelGals.com cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request using the form here.

If you contact us regarding alleged copyright infringement, please be sure to include the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address and the copyright owner’s identity;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

InstaTravelGals.com will terminate the accounts of repeat infringers.

Assignment

Neither you nor InstaTravelGals.com may assign or transfer any rights, duties, or obligations herein nor any rights, duties or obligations associated with any service purchased through InstaTravelGals.com without the prior written consent of the other, and any purported attempt to do so shall be null and void.

No Waiver

Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict compliance with the terms of this Agreement.

Disclaimers

INSTATRAVELGALS.COM PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INSTATRAVELGALS.COM DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

INSTATRAVELGALS.COM TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service or the Agreement must be filed within One (1) Year after such claim or cause of action arose or shall be forever barred.

Entire Agreement

This Agreement constitutes the entire understanding and agreement of the Parties entering into it (“the Parties”) with respect to the subject matter covered in it, and it supersedes all other prior agreements and understandings, written or oral, among the Parties, with respect to such subject matter.

Authority

The Parties hereby warrant that this Agreement is duly executed with full authority and approval of each of them. The Parties further warrant and represent that they have fully informed themselves of the terms and legal effects of this Agreement, that no promises or representations have been made to induce their execution of this Agreement except those set forth herein, that they have relied on independent judgment and, where applicable, the advice of their legal counsel in executing this Agreement, and that they have full authority and capacity to execute this Agreement and that no further authorization, ratification or approvals from any entity, organization or agency, including any corporate, legal or judicial entity, shall be necessary in order to give this Agreement full force and effect.

Severability

If any provision, or portion thereof, of this Agreement is held invalid, illegal, void, or unenforceable by reason of any law, rule or regulation, administrative order, judicial decision, or public policy, the remaining provisions shall not be affected, impaired or invalidated thereby, and each term and provision of this Agreement shall remain in full force and effect and be valid and enforceable to the fullest extent permitted by law, and shall be deemed separate from such invalid or unenforceable provision. Any invalid, illegal, void or unenforceable provision shall be deemed, without further action on the part of the parties hereto, amended, limited or replaced and enforced to the extent necessary by a court of competent jurisdiction or arbitrator(s) to render such provision, as so amended, limited or replaced, legal, valid and enforceable, with the a provision or part thereof that comes as close as possible to expressing the intention of the stricken provision, it being the intention of the parties that this Agreement and each provision hereof shall be legal, valid and enforceable to the fullest extent permitted by applicable law.

Interpretation, Construction

The language used in this Agreement will be construed in all cases in accordance with ordinary usage and meaning. The Parties acknowledge that each Party has reviewed this Agreement and that no single party bears sole responsibility for the draftsmanship of this Agreement. Consequently, no rule of construction to the effect that ambiguities are to be resolved against the drafting Party should be employed in the interpretation of this Agreement.

Governing Law

This Agreement shall be governed by, interpreted and construed, and enforced in accordance with the laws of the Republic of Panama, without reference to conflicts of laws principles.

Arbitration

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless InstaTravelGals.com, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

Any controversies, claims, or disputes arising out of or relating to this Agreement shall be resolved solely and exclusively by binding arbitration in the Republic of Panama. The arbitrator shall be required to follow applicable law.

The decisions and awards rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The arbitrator may, as part of any award, award to the prevailing party the costs of such arbitration, including attorney, expert, and witness fees. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

Contact

Please contact us with any questions regarding this Agreement.