Platform Policy • Instagram
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`Case 1:18-cv-00790-KMW Document 15-5 Filed 04/10/18 Page 1 of 4
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`Platform Policy
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`By using the Instagram APIs, you agree to this policy. We reserve the right to change this policy at any time
`without notice, so please check it regularly. Your continued use of the Instagram APIs constitutes acceptance of
`any changes. You also agree to and are responsible for ensuring that you comply with the Instagram Terms of
`Use and Instagram Community Guidelines.
`We provide the Instagram APIs to support several types of apps and services. First, we provide them to help
`members of our community share their own content with apps or services. We also support apps and services
`that help brands and advertisers understand and manage their audience, develop their content strategy, and
`obtain digital rights. Finally, we provide the Instagram APIs to help broadcasters and publishers discover content,
`get digital rights to media, and share media using web embeds. The Instagram APIs are not intended for other
`types of apps or services. For those we do support, the following terms and information also apply:
`A. General Terms
`1. Ensure your app is stable and easily navigable. For example, verify that you have integrated Login
`correctly. Your app shouldn’t crash or hang during the testing process.
`2. Don't confuse, deceive, defraud, mislead, or harass anyone.
`3. Be transparent about your identity and your app's identity.
`4. Don't use the Instagram APIs for any app that constitutes, promotes or is used in connection with
`spyware, adware, or any other malicious programs or code.
`5. Don't store or cache Instagram login credentials.
`6. Follow any instructions we include in our technical documentation.
`7. Provide meaningful customer support for your app, and make it easy for people to contact you.
`8. Provide a publicly accessible privacy policy that tells people what you collect and how you will use this
`information.
`If you allow third parties to serve content, including advertisements, or collect information directly from
`visitors, including placing or recognizing cookies on visitors' browsers, disclose this in your privacy policy.
`10. Comply with your privacy policy.
`11. Comply with any requirements or restrictions imposed on usage of Instagram user photos and videos
`("User Content") by their respective owners. You are solely responsible for making use of User Content in
`compliance with owners' requirements or restrictions.
`12. Remove within 24 hours any User Content or other information that the owner asks you to remove.
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`13. Obtain a person's consent before including their User Content in any ad.
`14. Only store or cache User Content for the period necessary to provide your app's service.
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`9.
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`https://www.instagram.com/about/legal/terms/api/[4/10/2018 1:54:45 PM]
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`Platform Policy • Instagram
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`15.
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`Case 1:18-cv-00790-KMW Document 15-5 Filed 04/10/18 Page 2 of 4
`© 2018 INSTAGRAM
`If you store or cache User Content, keep it up to date. For example, if a user marks a photo as "private",
`you must reflect that change by removing the content as soon as reasonably possible.
`16. Don't use the Instagram API to simply display User Content, import or backup content, or manage
`Instagram relationships, without our prior permission.
`17. Don't participate in any "like", "share", "comment" or "follower" exchange programs.
`18. Don't use follower information for anything other than analytics without our prior permission. For
`example, don't display these relationships in your app.
`19. Only use the POST and DELETE endpoints after a business has taken an explicit action in your app
`requesting you to do so.
`20. Only use the POST and DELETE likes, comments, and relationships endpoints to enable businesses to
`manage communication with people who have expressed interest in them. Don't use these endpoints for
`non-business purposes.
`21. Only use the INSIGHTS DATA endpoint to inform the account holder of their own analytics information.
`Do not use it for any other service and do not share it with any third parties.
`22. Ensure your comments are uniquely tailored for each person. Don't post unauthorized commercial
`communication or spam on Instagram.
`23. Don't enable a business to take more than one action on Instagram at a time.
`24. Add something unique to the community. Don't use the Instagram APIs to replicate or attempt to replace
`the functionality or essential user experiences of Instagram.com or any of Instagram's apps.
`25. Respect the limits we’ve placed on Instagram functionality and the way Instagram looks and functions.
`Don't offer experiences that change it.
`26. Don't attempt to build an ad network on Instagram.
`27. Don't attempt to identify groups of individuals or create demographic clusters for the purpose of
`contacting or targeting Instagram members on or off Instagram.
`28. Protect the information you receive from us against unauthorized access, use, or disclosure. For example,
`don’t use data obtained from us to provide tools that are used for surveillance.
`29. Don't transfer any data that you receive from us (including anonymous, aggregate, or derived data) to
`any ad network, data broker, influencer network, or other advertising or monetization-related service.
`30. You can administer a promotion on Instagram if you comply with Instagram’s promotions policies and all
`applicable laws and regulations.
`31. Only incentivize a person to log into your app or enter a promotion. Don't incentivize other actions.
`32.
`If you want to facilitate or promote online gambling, online real money games of skill, or online lotteries,
`get our written permission before using any of our products.
`33. Don't use an unreasonable amount of bandwidth, or adversely impact the stability of Instagram.com
`servers or the behavior of other apps using the Instagram APIs.
`34. Don't reverse engineer the Instagram APIs or any of Instagram's apps.
`35. Don't sell, lease, or sublicense the Instagram APIs or any data derived through the APIs.
`36. Comply with all applicable laws or regulations. Don't violate any rights of any person, including but not
`limited to intellectual property rights, rights of privacy, or rights of personality. Don't expose Instagram or
`people who use Instagram to harm or legal liability.
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`Platform Policy • Instagram
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`4.
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`Case 1:18-cv-00790-KMW Document 15-5 Filed 04/10/18 Page 3 of 4
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`B. Brand Assets
`Comply with Instagram's Brand Guidelines. Don't use the trademarks of Instagram or its affiliates without written
`permission, including as authorized by applicable brand guidelines.
`C. Things you should know
`1.
`Instagram primarily communicates with developers through email. Please ensure that the email addresses
`associated with your Instagram account are current and that you don't filter out these messages.
`Instagram may rate limit or block apps that make a large number of calls to the API that are not primarily
`in response to direct user actions.
`3. Enforcement is both automated and manual, and can include disabling your app, restricting you and your
`app's access to Instagram APIs, requiring that you delete data, terminating our agreements with you or
`any other action that we deem appropriate.
`Instagram may change, suspend, or discontinue the availability of any Instagram APIs at any time. In
`addition, Instagram may impose limits on certain features and services or restrict your access to parts or
`all of the Instagram APIs or the Instagram website without notice or liability.
`If Instagram elects to provide you with support or modifications for the Instagram APIs, this support may
`be terminated at any time without notice to you.
`Instagram reserves the right to charge fees for future use of or access to the Instagram APIs.
`Instagram doesn't guarantee that any Instagram APIs are free of inaccuracies, errors, bugs, or
`interruptions, or are reliable, accurate, complete, or otherwise valid.
`8. Licensed Uses and Restrictions: The Instagram APIs are owned by Instagram and are licensed to you on a
`worldwide (except as limited below), non-exclusive, non-sublicenseable basis in accordance with these
`terms. Your license to the Instagram APIs continues until it is terminated by either party. Please note that
`User Content is owned by users and not by Instagram. All rights not expressly granted to you are
`reserved by Instagram.
`9. Disclaimer of Any Warranty: Instagram APIs and all data derived through such 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, availability, security, title and non-infringement. You are solely responsible for any
`damage that results from the use of any Instagram APIs and all any data derived through such APIs
`including, but not limited to, any damage to your computer system or loss of data.
`10. Limitation of Liability: 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 and any data derived through such 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.
`11. Release and Waiver: 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 the Instagram APIs and data derived through such APIs. If you are a
`California resident, you waive your rights under California Civil Code 1542, which states, "A general release
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`https://www.instagram.com/about/legal/terms/api/[4/10/2018 1:54:45 PM]
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`Platform Policy • Instagram
`Case 1:18-cv-00790-KMW Document 15-5 Filed 04/10/18 Page 4 of 4
`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.
`12. Hold Harmless and Indemnify: 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 the Instagram APIs and any data derived through the 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.
`13. Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Instagram API
`Terms, you and Instagram shall be and act independently and not as partner, joint venturer, agent,
`employee or employer of the other. You don't have any authority to assume or create any obligation for
`or on behalf of Instagram, express or implied, and you must not attempt to bind Instagram to any
`contract.
`Invalidity of Specific Terms: If any provision of the Instagram API Terms is found by a court of competent
`jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to
`the parties' intentions as reflected in the provision and that the other provisions remain in full force and
`effect.
`15. No Waiver of Rights by Instagram: Instagram's failure to exercise or enforce any right or provision of the
`Instagram API Terms shall not constitute a waiver of such right or provision.
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`https://www.instagram.com/about/legal/terms/api/[4/10/2018 1:54:45 PM]
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