Welcome, these are the Terms and Conditions of Service (the “Terms”) for the mobile application known as Autograph 24 (collectively referred to as the “App”), the website located at www.autograph24.com (the “Site”), including its sub-domains and its mobile optimized versions, along with any and all products and services offered thereby. The App and the Site are proudly provided by Autograph 24, Inc. (hereinafter, the Site, the App and Autograph 24, Inc. shall all be collectively referred to as “Autograph 24”). These Terms shall be supplemented by our Privacy Policy (the “Policy”), incorporated herein by reference.
The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Autograph 24 and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site and App, whether registered under an account or not.
If you continue to browse and use Autograph 24, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, shall govern Autograph 24’s relationship with you in relation to the Site and the App, along with any products and services offered thereby (collectively, the “Service(s)”).
In addition, you hereby acknowledge and agree that these Terms are concluded between you and Autograph 24 only, and not with Google Inc. or Apple Inc. Henceforth, Autograph 24 is solely responsible for the Site and the App and the content thereof. These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or otherwise be in conflict with, Google Inc.’s or Apple Inc.’s terms and conditions of service.
Autograph 24 reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site, the App and the Services, at any time and without notice. Changes to these Terms will be displayed in the Site, and we may notify you through the App or by email. Please refer to the last effective date where changes were last undertaken by us, indicated at the end of this document. Your use of our Services after the effective date of any update –either by account registration or simple use– indicates your acceptance thereof.
Autograph 24 provides a social media platform where users can create, edit, post and share multimedia content with other users. Overall, Autograph 24 provides a platform with the functionalities that include, but are not limited to: (i) selecting daily, weekly and monthly things to post; (ii) select a day in a visualized, interactive calendar; (ii) insert the post into one or various days; and (iii) augment its content and impact via text, pictures, video, images and location. Users may also participate in polls, see each others’ location, send contact requests and share messages, documents, links, photographs, videos, audio and other content.
Autograph 24 does not endorse any content posted by users, nor the products or services of the locations, restaurants, stores and places indicated by users, and hereby disclaims any and all representation or warranty therefrom.
In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us. Your access to Autograph 24 is only offered for your individual use, and not for the use or benefit of any third party you may represent.
You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password to a third party.
Autograph 24 encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account and/or any event, upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the App and use of our Services.
Autograph 24 does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may not use the App or the Site, even under the direct supervision of your parent or legal guardian. Autograph 24 does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.
Only a copy of the App subject to a valid license from Autograph 24 can be used to access our Services, and to download updates and patches. If you transfer or sell your authorized device to another person, you have to close your session with Autograph 24 and delete your copy of the App. You may not transfer or assign any of your rights under these Terms.
The App requires an Internet connection to access some or part of its features and functionalities, to authenticate the App, to sign-in or otherwise to perform other functions.
In order for certain features of the App to operate properly, you may be required to have and maintain a: (i) valid and active account with a wireless mobile data service; (ii) modern, fast and adequate mobile device with the required specifications in order to run the App; and/or (iii) valid and active credit or debit card or payment processing platform account. If you do not have such items, then the App or certain features thereof may not operate, be available or cease to function properly, either in whole or in part, and therefore Autograph 24 will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
You may not interfere with any access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the App will not function properly and these Terms will terminate immediately, and henceforth Autograph 24 will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
As our user, you agree to not undertake, motivate, or facilitate the use or access of Autograph 24 in order to:
Limited License. We grant you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site and the App, under the terms, conditions and restrictions set forth in these Terms. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Site, the App and our Services, in whole or in part. Autograph 24 does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the Site, the Services or the App, in whole or in part.
User Generated Content License. You hereby grant Autograph 24 an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered to Autograph 24 via the App, the Site or the Services. The aforementioned license shall be for the use and exploitation by Autograph 24 through the Internet and other communication means, including the right to use, reproduce, distribute, create derivative works from, modify and disseminate any content, in order for Autograph 24 to provide its Services. You represent and warrant to Autograph 24 that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Autograph 24 as set forth herein.
Open Source License. Part of the computer code incorporated into the App, Site or Services may be licensed by third parties under "open-source" or "public-source" software licenses. Henceforth, any and all open source software thereinto is not licensed under these Terms, but instead licensed under the respective open source software licenses.
Feedback. You hereby grant to Autograph 24, an unlimited, non-exclusive, assignable, transferable, sublicensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use, exploit any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to us regarding the App, the Site and/or the Services.
You hereby acknowledge and agree that these Terms are executed between Autograph 24 and you, and not between Google, Inc. or Apple, Inc. (hereinafter, “Apple” and “Google”).
Henceforth, the license granted to you for the App is also limited to a non-transferable license to use the App an authorized third party device activated product that you own or control, and as permitted by the terms of use set forth in the applicable app store.
These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or that otherwise are in conflict with, Google’s or Apple’s app stores terms of service.
Autograph 24, and not any such third party app store provider, shall be solely responsible for the App and any and all content thereof. Autograph 24 is solely responsible for the App, the Services and the content thereof.
To the extent these Terms provides for terms of use or licenses for the App that are less restrictive than the terms of use set forth in the applicable app store, or that otherwise are in conflict with their respective of use, the more restrictive term shall govern.
Autograph 24 is solely responsible for providing any maintenance and support services with respect to the App, and neither Apple nor Google have any obligation to furnish any maintenance and support services thereof.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price for the App only (if any); and, to the maximum extent permitted by applicable law, neither Apple nor Google will have other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Autograph 24’s responsibility.
You hereby acknowledge and agree that Apple and Google (and their affiliates), are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries thereof.
You hereby represent, warrant and covenant that: (i) your use of our App, Site and Services and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide all your data to Autograph 24 and its affiliates, licensors and agents and to grant the rights granted to Autograph 24 in these Terms; and (iii) your data and its transfer to and use by Autograph 24 and its affiliates, licensors and agents as authorized by you under these Terms shall not violate any export control and electronic communications regulations the rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our App; or (iii) Autograph 24 begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion of the App; (ii) access termination or access revocation for our Services; (iii) Autograph 24's termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Autograph 24 to you from time to time; or (v) Autograph 24’ decision to make the Site or Services no longer available for use, at its sole and final discretion.
These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature.
From time to time, the Site, the App and/or the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites, products or services.
From time to time, we may place ads and promotions from third party sources in the Site, the App and/or the Services. Accordingly, your participation or undertakings in promotions of third parties other than Autograph 24, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Autograph 24 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.
By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Neither Autograph 24, nor its affiliates, subsidiaries, officers, employees and agents guarantee that the Site, the App or the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Autograph 24 or its employees, affiliates, contractors and/or agents shall create a guarantee. The Site and App have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.
To the fullest extent permissible under applicable law, the Site, the App and the Services are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Autograph 24, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty.
The entire risk of satisfactory quality and performance resides with you. Autograph 24, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.
In no event shall Autograph 24, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, the App or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Autograph 24, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
In no event shall Autograph 24’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount. These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.
For purposes of this limitation of liability, Autograph 24’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.
As our user, you hereby acknowledge and agree that Google Inc. and Apple Inc., and their affiliates and subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions hereof, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
You hereby agree and acknowledge to indemnify, hold harmless, and defend Autograph 24, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Autograph 24’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Autograph 24’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Autograph 24); and/or (ii) any third party claim arising out of or in relation to the Site, the App or the Services, or use thereof in combination with your business platform, including without limitation, any claim that the Site, the App or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
In no event shall Autograph 24 be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, force majeure, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Autograph 24 shall use reasonable commercial efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
We may support the App, the Site and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content of the App, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding certain advertisement opt-out rights.
From time to time, our Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our App, Site and our services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.
Assignment. These terms will inure to the benefit of any successors of the parties.
Content Moderation. Autograph 24 hereby reserves the right, at its sole and final discretion, to review any and all content delivered into Autograph 24, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.
Equitable remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, Autograph 24 will be irreparably damaged, and therefore you agree that Autograph 24 shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Interpretation. Unless the context requires otherwise, the singular shall be construed to include the plural and vice versa. The paragraph headings used herein are for ease of reference purposes only and are not to be used in interpreting or construing the terms of these Terms.
Newsletters. The App and the Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
No Spam. We will not tolerate, and we will not allow others to undertake though our Services, the app and/or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party. Any commercial electronic communication that you receive from us, our business partners, licensors, suppliers and affiliates will require your prior consent to such communication.
No Waiver. Failure by Autograph 24 to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Autograph 24 are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. All communications must be sent to the respective parties to such address, facsimile number or electronic mail address as subsequently indicated by each party. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Product claims. You acknowledge and agree that Autograph 24, and, not Google Inc. or Apple Inc., is responsible for addressing any claims of you or any third party relating to the App in your use or possession, including, but not limited to: (i) product liability claims; (ii) any maintenance and support services; (iii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Autograph 24 shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Autograph 24, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of California, United States of America, without regard to conflict of law principles.
Arbitration Procedure. In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to any and all escrow services and the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure.
Any dispute arising out of or in connection with these Terms, contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the American Arbitration Association (AAA) Rules, which Rules are deemed to be incorporated by reference into this section. The number of arbitrator(s) shall be one, the seat, or legal place, of arbitration shall be the City of Sunnyvale, California, United States of America, the language to be used in the arbitral proceedings shall be the English language. The arbitrator’s decision will follow the provisions of these Terms and will be final and binding.
The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
If you have any questions or complaints regarding the App, the Site or the Services, please contact us as indicated in our contact web page. We also offer live-chat services where you will be able to chat with one of our customer agents in order to express your queries. Of course, you can also email us. We will undertake our commercially reasonable efforts in order to respond as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.
If you have any questions or queries about us, the Site, the App, our Services or these Terms, please contact us as indicated in our contact page: www.autograph24.com.
