AUTOGRAPH TERMS OF USE

Greetings from Autograph!

Autograph Media Pvt Ltd brings to you an exclusive platform to connect with your favourite stars. Go one step further make your loved ones feel appreciated and special by getting personalized Video Autographs from their favourite stars all under one platform, with a simple click. Autograph presents to you a unique platform that transcends above your normal celebrations and festivities, whether it is your special someone’s first day at work, or a birthday or anniversary, or just a simple greeting to make your loved ones feel delighted. Reaching out to the stars has never been easier! At Autograph Media we appreciate your trust in joining our Exclusive platform.

The Autograph Platform enables you, the "Autograph User" request personalized and one of a kind "Video Autographs" from your favourite "Autograph Stars" through our exclusive Autograph Applications which are available on both the Android and iOS Platforms and also the Autograph Website at https://www.autograph.ly. You can exclusively be an "Autograph Partner" and benefit and grow with Autograph through our Exclusive referral Programs.

To facilitate the use of this platform, the Autograph Users, are subject to the following Terms of Use and Autograph Data Privacy Policy. "We," "our" or "us" refers to Autograph Media, its Subsidiaries. and associated entities, collectively, as “Autograph”. The following terms apply to the use of Websites, Mobile Applications, widgets and any other online products and services powered by Autograph Media Private Limited. The Autograph Users, as well as Autograph Stars, are bound by the following policies and as a platform user, you acknowledge to have read, understood and agree to these terms and policies. The Following Terms are effective from 1st September 2019.

The Following terms can be subject to change, and if the changes affect the rights of the users, they will be intimated via an announcement on the Autograph platform or Autograph Media will send a notice to the Users notifying the change. In case the Autograph Platform Users continue to use the platform after the terms are changed, it is deemed that the user has read, understood and agree to the new terms and Policies. If as a user, you do not agree to any of the terms and conditions as well as any of the policy, kindly refrain from using the platform.

All About Autograph!

Autograph is an exclusive, one of a kind Platform that enables you as an Autograph User request personalized Video content from your favourite Autograph Stars enlisted on the Autograph Platform. An “Autograph” with the current version includes but not limited to the text, video, software, scripts, graphics, graphics formats, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view and have access to through the Autograph platform, or contribute to the Services. Autograph Media, in the future, can include a bouquet of services related to your favourite Autograph Stars and will keep you informed on the various services via the use of the Autograph Platform as well as through personal means such as mobile number, the email address that has been shared with Autograph while registering on the platform.

Creating, Accessing and utilizing Autograph Account
  1. All about Autograph Account Creation
    1. The Autograph platform is for a general audience and is available to users who have attained at least 13 years of Age. If the User’s age is in between 13 to 18 years, the Autograph services can only be used with Parental Supervision and Permission. In Case any Autograph has been successfully completed and charged for, by the unsupervised use by a minor, the service rendered will not be refundable. In case the services are being used by users who are less than 13 years old, kindly report through live support immediately.
    2. To open an account, you will be asked to provide us with certain relevant information such as an account name and password or more which are relevant and necessary to the creation of an Autograph Account and completion of the Personalized Video Autograph.
    3. Please make sure the personally Identifiable information you provide to Autograph upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge. The Personal data provided by you will be covered by our Autograph Data Privacy Policy.
    4. If you are accepting these Terms on behalf of another legal entity, including business, government, or a person you represent that you have the full legal authority to bind such entity to these terms. Also, ensure you Obtain consent from people before publishing and using their personally identifiable information on their behalf.
  2. Utilizing the Autograph Account
    1. You are accountable for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password.
    2. Autograph Users are solely responsible for the actions and transactions that occur when an unauthorized person has signed in to their account, as well as the security of the account. If you believe the account is compromised, you must report through live support immediately.
  3. All you need to know about your Personalized Autograph Video
    1. Requesting for an Autograph has never been easier. After selecting the desired Autograph Star, the Autograph User needs to click on the Request for Autograph Button and complete a basic form fill with the basic details which are required for the making of the Autograph Video. The Autograph Video can be requested by the user for a loved one or themselves.
    2. Once a personalized video request has been sent to the Autograph star on the platform, it is up to the Autograph Star’s discretion whether to accept or reject the personalized Autograph request.
    3. The Turnaround time to fulfil the Autograph requests vary from star to star. The average turnaround time for an Autograph request is usually mentioned for every Autograph Star in the Profile. The Autograph User has to ensure that they are aware of the timelines and turnaround time for each of the Autograph bookings that they agree to because Autograph is not liable in case the User wants a refund based on the Autograph Video turnaround time
    4. The Content of the requested Video is solely on the discretion of the Autograph Star and Autograph is not responsible for the content on the Autograph video unless the content is against the basic tenets of human decency and guidelines.
    5. All the Autograph Videos created by the Autograph Stars will have the Autograph Media’s Watermark. The Autograph user agrees to the watermark and will ensure they do not alter, remove, change, modify the watermark. As a User, you will also not take the service of a third party to remove the Autograph Watermark.
    6. As an Autograph User, you acknowledge and agree about the privacy of the Autograph Videos. All the Autograph Videos that are created on this platform, will be available to Autograph to broadcast on the Autograph’s public page, Social media pages, etc. The Autograph videos will be used the platform promotions and the user does not expect privacy. In case the Autograph user does not want Autograph to broadcast the videos publicly, the user needs to ensure they click on the checkbox, stating they do not want autograph to make the video message public, which is available on the Autograph Video Booking page.
    7. Autograph grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the personalized Autograph Videos and other Services on the platform solely as permitted by these Terms. The Autograph user, for example, can ensure the video is only broadcasted on their personal social media platforms for personal use. The Autograph User has to ensure they will not use the video of commercial and promotional purposes.
    8. Licensing, selling, or transferring of your Account and personalized Video Autograph is prohibited without our prior written approval from Autograph.
    9. In case it is found that the Autograph User has breached the listed terms relating to the Autograph Video and have indulged in further licensing, sublicensing, or altering the watermark. Autograph will revoke the license of that particular Autograph user and ensure that all broadcasting of the personalized video Autograph has been stopped, terminated and deleted from all the personal and social media platforms and the Autograph user will ensure to assist the Autograph team to completely deleting the personalized autograph video. In case the Autograph User does not cooperate, the Autograph Media team will resort to the legal course and prosecute the Autograph user for infringement of copyright laws and any other related legal sections.
  4. Who can create an Autograph Account?
    1. The Autograph account is not available to persons under the age of 13.
    2. The Autograph platform is not available to any Users previously removed from the Autograph Platform.
    3. The Autograph platform is not available to any persons barred from receiving them under the laws of the governing country (such as it is export and re-export restrictions and regulations) or applicable laws (like Contract law etc.) in any other jurisdiction.
  5. Autograph User - Usage and Conduct
    1. Access to the Autograph platform may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile charges that you incur when accessing the Autograph Platform.
    2. You are responsible for all the activity on your account. The Following will lead to the termination of your account effective immediately.
      • Reverse Engineering of the Autograph Platform
      • Data Scraping of the Autograph Users Data.
      • Illegal Activities that are prohibited by the Law.
      • Personal Data Distribution of other User’s confidential Data.
      • Infringement of Intellectual and Copyright Policy of other Autograph Users
      • Spam other Users with personal Advertisements and endorsements.
      • Malware hosting or distribution via the Autograph platform.
      • Misrepresenting/imitating or Impersonating other Users and personalities.
      • Cyber Stalking or Bullying other Autograph User and Stars.
      • Abusing or harassing the other Autograph Users or Stars.
      • Misleading and Fraud Information of others and oneself.
      • Claiming False Sponsorship by Autograph without our prior written approval.
      • Username Squatting by blocking Usernames to prevent other Users from Using.
      • Maligning other Autograph users’ videos or content to get mileage on your Autograph Account.
      • Sharing other Autograph User’s Video without their Consent.
      • Sell, transfer or sublicense our code, APIs, or tools to anyone.
      • Infringing rights of other Parties.
      • Violating Autograph’s Policies.
      • Unauthorized access to other User Accounts.
  6. Additional Terms
    1. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without any notice to you the user. Any future release, update, or other addition to functionality of the Services (which includes the Application and the allied services) will be subject to these Terms, which can and may be updated from time to time. You agree that Autograph will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part.
    2. Autograph Media is not liable to keep monitoring the Autograph user’s account and activity but can launch into an investigation on the requests made and usage of the account by the autograph user, in case Autograph media feels there is a breach to the terms of use and policies. In case the Autograph Star rejects the Autograph request more than once, there are chances of the Autograph User’s account being blocked if the User’s request has been rejected more than once and it is entirely at the discretion of Autograph media.
  7. All about Autograph Video Message fees and Payment.
    1. Autograph Video Fees- The cost of each Autograph Video booking is specified in the Application as well as the Website. This fee can vary based on the Autograph star being requested. The Fees mentioned in the Video request page for the particular star is solely based on the discretion of the Autograph Star.
    2. The Payment for the video will be deducted from the Autograph user as soon as the request for the Autograph Video is made by the User.
    3. It is deemed to be accepted the Autograph User requesting the personalized video has accepted the payment terms during the time of booking.
    4. The Autograph User will need to complete the payment from the payment gateway that has been integrated on the Autograph Platform.
    5. The Completion of the personalized video request is subject to the completion of the payment towards the personalized Autograph video.
  8. Refund Scenarios
    1. The Autograph Users will be eligible for a refund only in the below-mentioned scenarios.
      1. The average time taken for each of the Autograph Stars will vary from each star, which will be mentioned in the Autograph Video request screen. In case the Autograph Star rejects the Video requests, the Autograph User will be refunded directly to the Autograph user’s Bank Account within one week of the Autograph rejection
      2. In case the Autograph Star does not respond to the request by either accepting or rejecting the Autograph Video request within ten days of the request. The Video request will be Auto rejected by the platform and the Autograph user will be refunded within one week after the Auto rejection.

      Note to the Autograph Users: Autograph does not entertain any other request for a refund, apart from the above-mentioned scenarios. In case there is a reason, Autograph has the right to take action on any refund if any based-on case to case basis.

  9. Autograph Video Ownership as an Autograph User, you agree to the following
    1. The Ownership of the Autograph Video Message is by the Autograph Star who has created the Autograph Video Message.
    2. Autograph Media, is the rightful owner of the following such as right, the title of the Autograph website and platform, whether this is on the web or the mobile applications. The specific components of the platform such as website, text, logo, software, code, trademarks, logos, Autograph specific brand elements. The Autograph Media’s ownership also extends to the HTML/CSS Codes, the java scripts, ROR Rails, designs and concepts.
    3. As an Autograph User, you give and grant us non- exclusive, royalty-free fully paid, unlimited, worldwide, sublicensable, perpetual, irrevocable license to use, reproduce, licence, distribute, modify, publicise, create derivative work of , or for the use of the Site, promotions of the Platform, for the purpose of developing, marketing, advertising and improving the product and services. The above specifies to any video created by the Autograph Star, any submission, comments that the user submits on the Autograph website, platform, and Application. Any other submissions that have been made to the Autograph Social media accounts Website or third-party account that has been integrated with the Autograph platform.
    4. It is at the discretion of Autograph Media to refrain from removing any feedback or comments or any submission from the autograph user for any reason.
    5. It is up to Autograph Media’s Discretion to decide if any content and actions of the Autograph user violate the terms of use or any other policy relating to Autograph Media and its entities.
    6. The Autograph User waives off any moral right over the feedback and comments that have been mentioned to the Autograph website, in case there are any developments and improvements that are made to the Autograph Website and its products based on your or similar to the Autograph Users feedback.
  10. What you need to know as an Autograph User!
    1. Disclaimer / warranty

      The services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Autograph, its licensors, and its third-party service providers do not warrant that the services are accurate, complete, reliable, current, or error-free. Autograph does not control or endorse, or take responsibility for any content available on or linked to the services or the actions of any third party or user, including moderators. While Autograph attempts to make your access to and use of our Services safe, we do not represent or warrant that our services or servers are free of viruses or other harmful components. The Disclaimer also covers our Directors, Officers, Investors, employees, agents, affiliates and Other Third-Party Service Providers.

    2. Indemnity Clause

      You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim against us related to the below.

      1. Autograph Video requests
      2. Violation of the Autograph Policies and terms
      3. Violation of the applicable Laws and Regulations
      4. Your Content, Postings, Subscriptions, comments, etc.

      We reserve the right to exclusive control over the defence of a claim covered by this clause. If we use this right then you agree to cooperate with our defence of these claims. The Indemnity Clause also covers our Directors, Officers, Investors, employees, agents, affiliates and Other Third-Party Service Providers.

    3. Limitation of Liability

      To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms this also includes the use or attempted use of Autograph Platform. In no event and under no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, will the Autograph and its entities be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these terms or the services, including those arising from or relating to content made available on the services that is alleged to be defamatory, offensive, or illegal. Access and use of, the services are at the Autograph User’s discretion and risk, and you will be completely responsible for any damage to your device or computer system, or loss of data resulting therefrom. In no event will the aggregate liability of the Autograph and its entities exceed the amount that we have earned from the usage of the Autograph platform and the amount of the total booking made on the Autograph Platform. The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence) or otherwise, and even if the Autograph and its entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose. The preceding limitation of liability will apply to the fullest extent permitted by law in the given relevant and applicable jurisdiction. The Limited Liability Clause also covers our Directors, Officers, Investors, employees, agents, affiliates and Other Third-Party Service Providers.

    4. Third-Party Content, Advertisements, and Promotions
      1. The Autograph Platform may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, product services or Offerings.
      2. The Usage of the Third-Party Content is at your own risk and you should ensure that you research the offerings before proceeding with any transaction in connection with such Third-Party Content.
      3. The Services may also contain sponsored Third-Party Content or advertisements. You acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
      4. If you choose to use the Services to conduct a promotion, including a contest or sweepstakes, you alone are responsible for conducting the promotion in accordance and compliance with all applicable laws and regulations and should ensure that it is writing that Autograph is not responsible for the related promotion.
      5. At times, the Autograph star would state that they would be giving a part of the booking revenues of the Autograph Videos to Charity. The proceeds will be solely handled by the Autograph Star and Autograph Media has no part in the forwarding of this proceeds. The agreement is between the Charity organization and the Autograph Star and we at Autograph Media do not stake a claim or take responsibility for these proceeds. At any point, we at Autograph Media, do not Sponsor or promote our Autograph users to indulge in these bookings. The Autograph User is Solely responsible for creating the booking at their discretion.
    5. Payment Information

      To enable Subscription services in Autograph, you may submit your debit card, credit card, or other payment information ("Payment Information"). We use third-party service providers to process your Payment Information. If you submit your Payment Information, the costs that you incur should be taken care of by you solely, and you permit us to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. As a platform, we would be providing the basic security to protect the information (please refer to our Autograph Data Privacy Policy) but it also the responsibility of the User to protect their account password and not share the confidential information to anybody.

    6. Dispute Management

      Resolving issues and having a clean experience is the motive of the Autograph Team. So please ensure to reach out to us in a promptly to resolve any Disputes if they are related to the terms/ Usage of Autograph Platform. You can contact us through live support or over email - support at support@autograph.ly.

      In case the disputes are not resolved, the dispute will be resolved via Arbitration. The Arbitration is subjected to the courts in the Jurisdiction that is mentioned below and may take place only on an individual basis. Group Arbitrations are not allowed.

      The Users of the Autograph Platform agree to these terms and will waive off their right to trial by the Jury.

    7. Governing Law and Jurisdiction

      With the exception of the administration elements recorded underneath: any cases emerging out of or identifying with these Terms or the Services will be represented by the laws of Republic of India, other than its contention of laws leads; all debate identified with these Terms or the Services will be brought exclusively in the government or state courts situated in Bangalore India; and you agree to individual locale in these courts.

    8. Copyright Infringement

      If any of the users are involved in copyright infringement, kindly report it to support at support@autograph.ly. The necessary actions will be taken in accordance with the applicable laws and regulations.

    9. Modifications to the Autograph Service and Prices

      Prices and fees for our service are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content) without notice at any time. We shall not be liable to you or any third-party for any modification and alteration, price change and fluctuation, suspension or discontinuance of the Service.

    10. User Comments, Feedback, and Other Submissions

      If, at our request, you send certain specific submissions like contest entries or without a request and permission from us you send creative ideas, suggestions, proposals, plans, feedback or other materials, whether online, by email, by postal or snail mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

      1. To keep any comments in confidence;
      2. to pay compensation for any comments, or
      3. to respond to any comments.

      We may, but have no obligation to monitor, edit or clear away content that we regulate in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments won’t violate any right of any third-party as well as copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your comments won’t contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer malware or different viruses that would in any means affect the operation of the Service or any related and connected website. You may not use a false e-mail address, to impersonate as someone other than yourself, or otherwise mislead us or third-parties on the origin of any comments. You are only answerable and responsible for any comments you create and post and their accuracy. We take no responsibility or accountability and assume no liability for any comments posted by you or any third-party.

  11. Closing of Autograph Account

    In case an Autograph user wants to delete their account, the user would need to reach out to support@autograph.ly.

Last word!

These Terms comprise the whole understanding between Autograph Media and the Autograph Users, with respect to your acceptance to and utilization of the Services. Our inability to practice or authorize any privilege or arrangement of these Terms won't work as a waiver of such right or arrangement. On the off chance that any arrangement of these Terms is, under any conditions, held to be unlawful, invalid or unenforceable, the remainder of the Terms will stay essentially. You may not appoint or exchange any of your rights or commitments under these Terms without our assent. We may openly assign out these Terms. These terms are binding!