Amigo Terms & Conditions
INTRODUCTION:
"These Terms & Conditions govern your use of Hedo, a mobile application provided by Amigo Media, ("Amigo Media", "we", or "our"). By downloading, accessing, or using the Hedo app, you agree to be bound by these Terms & Conditions."
Amigo Media (Amigo Media) welcomes you to its website/apps , where website/apps introduces you to its wide range of entertainment products including but not limited to personalized celebrity video messages (shoutouts for occasions celebrity chats, one-on-one live interaction with celebrity, live broadcast with celebrity, direct line with celebrity, access to celebrity content, in-app purchasing / e-shopping (“Entertainment Content”), features, graphics, publications, downloads (such as mobile applications), content, tools, forums, resources and other wide range of services (hereinafter collectively referred “content”) on its website/apps . The terms and conditions apply to your access and use of the content made available to you on our website/apps. ; and create a formal agreement. Please read these T&C carefully. This agreement constitutes a valid and binding obligation enforceable in accordance with its terms.
An individual and/or user and/or recipient (the “user”) accessing the website/apps provides his/her/its details/information during the registration process of the website/apps, represents and warrants as under:
1. The user is above the age of 18 years.
2. The user is legally authorized to enter into this agreement with Amigo Media.
The user covenants that:
The user is aware and acknowledges that the T&C governs his/her/its use of the website/apps together with his/her/its use and/or purchase of Amigo Media website/apps content.
The user is aware and acknowledges that the T&C include and incorporate the policies and guidelines referenced below and consents to be bound by the terms of use of the entertainment content and/or other content and/or services described and made available on the website/apps.
The user acknowledges that Amigo Media reserves the right to change and/or revise the T&C at any time by posting any changes or a revised agreement on the website/apps with the date of such change and/or revision and the user consents to be bound by any such revised and/or updated T&C regarding the entertainment content, content and/or services described or made available on the website/apps as per the sole discretion of Amigo Media.
The user consents to be bound by the T&C regarding the entertainment content and/or other content and/or services described or made available on the website/apps; and/or made available at each log-in; and/or access to the website/apps.
The user’s consent implies acceptance of the T&C of the Entertainment Content and/or other Content and/or services described or made available on the website/apps thereby creating a binding contract between the user and the Amigo Media. Amigo Media encourages the user to review the T&C whenever he/she/it visits the website to ensure that the user understands the terms and conditions governing use of the website/apps and/or entertainment content and/or other content and/or services offered on the website/apps. If the user does not agree to the T&C, the user may immediately terminate use of the website/apps.
No Minors.
The Website contains adult-oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Company forbids all persons who do not meet these age requirements from accessing the Website.
No Child Pornography.
The Company prohibits pornographic content involving minors. The Company only allows visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please promptly report this to the Company at Support@amigomedia.in. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.
No Prostitution or Sex Trafficking.
The solicitation of prostitution is contrary to the Website’s purpose and the Company will not tolerate it in any fashion. Soliciting prostitution on the Website is strictly prohibited. The Company will immediately terminate any account used to solicit prostitution.
1. Content Usage Terms:
1.1. Intellectual Property: Copyright, trademarks, trade names, trade dress, layout of website/apps and brand elements, in all content including entertainment content and services made available on and/or associated with the website/apps, is owned by Amigo Media (with an exception of content aggregated under license contracts and/or created by celebrity users (celeb content) under their designated space or based on paid request of a user of the website/apps and/or any third party information/website links made available on the website/apps). All intellectual property (other than licensed content, celeb content and third-party information/website links) including but not limited to entertainment content, software, ideas, processes, data, text, media, information, marketing materials and all other content available on Amigo Media’s website/apps (individually, and collectively, ‘Amigo Media Content’) are owned by Amigo Media and/or its subsidiaries, affiliated companies and/or its third-party licensors. Any links provided to third party information/website are provided solely as a convenience to the user. Amigo Media does not endorse the information/contents regarding/on any such third-party website/celebrity app. Amigo Media is not responsible for such third-party content/celebrity app content or any damage that may result to the user from the user’s access to or reliance on such third-party/celebrity-app; content/information/website. All access to links to third-party/celebrity-app; content/information/website shall be at the sole risk of the user. Unless otherwise specified, the Amigo Media content, products and services made available on the website/apps are for the personal use of the user and are for non-commercial use. The user shall not modify, make copies, distribute, sell, rent, assign, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer; create internet “links'' to or from the service and/or products and/or Amigo Media content; send spam, infringing, unlawful or tortious material, viruses, harmful computer codes/files/programs; transfer or sell any or any part of information, software, services or products or Amigo Media content obtained from the website/apps without the written permission from Amigo Media. Amigo Media shall have an irrevocable, perpetual and world-wide license to use feedback, recommendations, testimonials, suggestions or such other related information provided by its user and/or network of professionals to enhance its goodwill and/or present its service.
1.2. License: The user has a limited, non-exclusive, non-transferable right to access the Amigo Media content and/or products and/or service information made available on Amigo Media website/apps. The user is bound by the representation and warranties together with the covenants of the user and the limited non-exclusive license granted by Amigo Media, as set out in the Agreement. The user shall not attempt to gain any unauthorized access to the service or the data contained on the website/apps. The acceptable use of the Amigo Media content and/or products and/or service information made available on the Amigo Media website/apps shall be limited to the user’s personal purpose. The user is granted a limited, non-exclusive, non-transferable right to use the Amigo Media Content, products, materials and service on the website/apps in connection with the user's normal, non-commercial use of the website/apps. Users shall not copy, reproduce, transmit, distribute or create derivative works of Amigo Media content, or information or intellectual property without written authorization from Amigo Media or the applicable third-party (if third-party content is at issue).
1.3. User posts: By posting, storing or transmitting any content on the website/apps, the user hereby grants Amigo Media a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in perpetuity and throughout the world. Amigo Media does not have the ability to control the nature of the user-generated content offered through the website/apps. The user shall be solely responsible for his/her/its interactions with other users of the website/apps and any content such users post. Amigo Media shall not be liable for any damage or harm resulting from any posts by or interactions between users. Amigo Media reserves the right, but has no obligation, to monitor interactions between and among users of the website/apps and to remove any content Amigo Media deems objectionable.
1.4. User acknowledgement and covenant, regarding, use of website/apps/Amigo Media content. >
1.4.i. The user acknowledges that;
a. Amigo Media is not responsible for any damages resulting from use of the website/apps/ content by anyone.
b. The website/apps/ content provided by Amigo Media is intended to merely provide a one stop entertainment platform with a wide range of entertainment content and/or content and/or celeb content to facilitate interactions between users and/or with celebrity users.
c. Each request/message/activity created by the user is a submission under the agreement.
d. Each message from a celebrity user is owned by the celebrity user who created it, and subject to full payment by the user, the user shall have the right to use such message for his/her/its personal, non-commercial and non-promotional use under the agreement.
e. Each piece of Amigo Media content subscribed to or viewed or requested (paid or otherwise) by the user, shall give the user a right to view such Amigo Media content for his/her/its personal, non-commercial and non-promotional use under the Agreement.
f. Amigo Media does not represent or act on behalf of any celebrity user and/or user.
g. Each user acts as a principal. Amigo Media has a limited role of neutrally making available Amigo Media content and/or facilitating interactions between users inter-se and/or with celebrity users.
h. Amigo Media is not a guarantor of performance of a user’s product request by/from a celebrity user.
i. Amigo Media assumes no responsibility over the safety and/or availability and/or quality and/or legality of the Amigo Media content and/or user requests communicated to celebrity users received and/or communicated through the website/apps.
j. The user and/or the celebrity user shall not under any circumstances hold Amigo Media responsible or liable for action and/or omission of either any celebrity user and/or any user.
1.4.ii. The user covenants that the user;
a. Shall not use the Amigo Media content for illegal purposes.
b. Abide by all applicable local, state, national, and international laws and regulations in his/her/its use of the website/apps content (including laws regarding intellectual property).
c. Not interfere with or disrupt the use and enjoyment of the website/apps/ Amigo Media content by other users.
d. Not resell material on the website/apps.
e. Not engage, directly or indirectly, in transmission of ‘spam’, chain letters, junk mail or any other type of unsolicited communication.
f. Not defame, harass, abuse, or disrupt use/access of other users including celebrity users of the website/apps content.
g. Shall not initiate legal action against Amigo Media and/or any celebrity user in the event of non-acceptance of user request or non-completion of user request, for any Amigo Media content or product either by Amigo Media or by the celebrity user.
1.5. Username & Password.
The user and/or a celebrity user shall register and create an account on the Amigo Media website/apps. After completion of the registration process, the user and/or the celebrity user shall move to an active environment thereby, having access to the website/apps and products/Amigo Media content offered on the said website/apps. The user and/or celebrity user agrees to create his/her/its own unique login identity (“Username” and “Password”) that will be used by the said user and/or celebrity user to access the Amigo Media content and/or services on the Amigo Media website/apps. The user and/or celebrity user covenants that it shall be his/her/its responsibility to maintain complete security of his/her/its personal login identity, content on the platform and his/her/its respective transactions/requests/activities. The user and/or celebrity user shall be entirely liable for all activities that occur under his/her/its login identity. Amigo Media shall not be responsible and/or liable for any unauthorized activity under any login identity of the user and/or celebrity user. The user and/or celebrity user shall notify Amigo Media immediately, of any unauthorized use of any login identity of the user and/or celebrity user and Amigo Media shall take action that in its discretion is appropriate to address the unauthorized activity. The user and/or celebrity user covenants to access the website/apps and avail the Amigo Media Content and/or service and/or products in a secure manner in compliance with T&C adopted by Amigo Media from time to time.
2. Amigo Media Wallet and Amigo Media Coins:
All registered users can enjoy Amigo Media content in the Amigo Media website/apps with Amigo Media coins in the Amigo Media wallet. It is a virtual wallet where you keep your Amigo Media Coins to purchase content and directly engage with the celebrities on their website/apps. You can recharge your Amigo Media wallet through in-app purchase or you could use app to buy directly. Amigo Media coins are not refundable. Once the transaction is done through the apps, there will be no refund in monetary terms. Amigo Media has the right to expire paid coins after 180 days of purchase and free coins after 30 days. Amigo Media has the right to transfer coins on its own jurisdiction.
For assistance or transactional issues on the website/apps regarding coins you can contact us on Support@amigomedia.in
3. INDEMNIFICATION:
The user will indemnify, defend and hold harmless Amigo Media and its affiliates, directors, officers, members, managers, shareholders, contractors and employees (collectively “Amigo Media parties”) from and against all claims (including third party claims), actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees), that may at any time be incurred by reason of any claim and/or any claim from any third party arising out of or relating to a breach of this agreement and/or breach of the representations and/or warranties and/or covenants set forth in the T&C by the user and/or celebrity user; any claim from a user arising out of the celebrity user’s response to a user’s request or any claim arising from misuse of the Amigo Media Content/website/apps by user and/or celebrity user; or any claim that is inconsistent with either user or celebrity user’s representations or warranties; or any claim arising out of infringement and/or passing off any intellectual property or other proprietary right of any person or entity; or dispute arising out any violation of any provision of these T&C by the user and/or celebrity user; or dispute arising out of any information or data supplied by the user and/or celebrity user (collectively, ‘the Claims’) to Amigo Media contained under this Agreement. The user and/or celebrity user (“indemnifying party”) will be responsible for defending the claim with legal counsel of Amigo Media parties (“indemnified party”)’s choice and Amigo Media parties (“indemnified party”) agree(s) to cooperate with reasonable requests of the user and/or celebrity user (“indemnifying party”) in connection with the defense at the cost of the user and/or celebrity user (“indemnifying party”). Amigo Media parties (“indemnified party”) will have the sole right to approve or reject any compromise, or settlement in resolution of a claim that admits liability or imposes obligations on Amigo Media parties (“indemnified party”). The terms of this Clause will survive any termination or cancellation of these T&C or the user and/or celebrity user’s use of the website/apps or Amigo Media Content.
4. LIMITED LIABILITY:
Amigo Media aggregate liability in tort and contract, arising in connection with the T&C, will not, in any event, exceed the amount paid by the user for the Amigo Media content and/or services purchased on the website/apps during a period one (1) month prior to the occurrence of the incident asserted. Amigo Media shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with the T&C or the Amigo Media content in any manner, including liabilities resulting from (1) the use or the inability to use the website/apps or Amigo Media content or services; (2) the cost of procuring Amigo Media content or services; (3) content or services purchased or obtained or transactions entered into through the website/apps; or (4) any lost profits alleged by the user and/or celebrity user.
5. TERMINATION:
5.1 The agreement by virtue of the T&C becomes effective on the date any user first registers on the website/apps of Amigo Media, by creating a login identity and agreeing to the terms and conditions / terms of use under the T&C. The agreement shall remain valid until service is provided by app and/or availed of by the said user.
5.2. Amigo Media reserves the right to terminate any user’s access to the website/apps if it reasonably believes, in its sole discretion, that the user has breached any of the terms and conditions of the T&C. Following termination, such users will not be permitted to use the website/apps and Amigo Media may, in its sole discretion and without advance notice to such user, cancel any outstanding orders for Amigo Media content and/or service. If such user’s access to the website/apps is terminated, Amigo Media reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the website/apps. This agreement will survive indefinitely unless and until Amigo Media chooses, in its sole discretion and without advance to the user, to terminate it.
6. DISCLAIMER:
Amigo Media expressly disclaims that any condition, representation or warranty that access and/or use of the service offered by Amigo Media shall be error-free, secure and uninterrupted.
7. GENERAL:
Unless otherwise specified, any notice or other communication given to Amigo Media under the agreement / T&C will be in writing and be sent by support@amigomedia.in.
Arbitration. Arbitration. A person who is not a party to the agreement/ T&C has no right under Indian Contract Act, 1872 or under common law to rely upon or enforce any term of this agreement/ T&C. The agreement and any non-contractual obligations arising therefrom, will be governed by the laws of India, notwithstanding, the conflict of laws principle. Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitral tribunal shall consist of a sole arbitrator appointed by Amigo Media or in case of disagreement between the parties regarding the choice of such sole arbitrator; the sole-arbitrator shall be appointed by the High Court of Mumbai. The language of arbitration shall be English. The parties agree that the arbitral award may be enforced against the parties to the arbitration proceeding or their assets wherever they may be found, and that a court ruling upon enforcement of the arbitral award may be entered in any court having jurisdiction. The foregoing will be without prejudice to Amigo Media’s exclusive right to refer any dispute to the courts for resolution where necessary to preserve the subject matter of the action by way of injunctive or declaratory proceeding.
Force Majeure. Under no circumstances will Amigo Media be liable for any delay or failure in performance due in whole or in part to any acts of God; earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, state emergencies, state announced public health lockdowns or any other event or cause beyond the reasonable control of Amigo Media.
Governing Law & Jurisdiction. Governing Law & Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of India. Subject to Clause 8.2, the courts at Mumbai, India shall have the jurisdiction over disputes arising out of the agreement/T&C.
Severability. Severability. If any provision of the agreement/T&C is unlawful or unenforceable under any present or future applicable law, it will, to the extent permitted by such law, be severed without affecting the validity of the other provisions. Without prejudice to the foregoing, user and Amigo Media hereto shall mutually agree to provide a legal, valid and enforceable provision as similar in terms and effect to such illegal, invalid or unenforceable provision as may be possible.
No Waiver. No Waiver. Amigo Media’s failure to enforce any right or provision of the agreement/T&C will not prevent Amigo Media from enforcing such right or provision in the future and will not be deemed to modify the agreement/T&C.
Miscellaneous: The term “including” in this agreement/T&C will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.
The governing language of this agreement shall be English. Translations of this agreement shall be non-binding. All communications with respect to this Agreement shall be in the English language. The English language version of this document is available here: https://amigo-media.com/terms_conditions.html
Content Policy: We prohibit content that is sexually explicit or contains profanity. We restrict the display of nudity because some audiences within our global community may be sensitive to this type of content. We remove users who impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity. We prohibit publishing the personal information of others without their consent. We don’t tolerate bullying or harassment and remove content that appears to purposefully target private individuals with the intention of degrading or shaming them. We prohibit content that promotes or encourages suicide or any other type of self-injury, including self-mutilation and eating disorders. We prohibit making credible threats to public figures, as well as hate speech directed at them – just as we do for private individuals. We prohibit any attempts by private individuals to purchase, sell, or trade prescription drugs, marijuana, firearms or ammunition. We ask that you respect copyrights, trademarks, and other legal rights and prohibit any contents which is infringing on the proprietary rights of others. We may remove in our sole and exclusive discretion any content which corresponds with any of the above. We may also block or cancel user accounts of users who have uploaded any prohibited content. If you observe any such objectionable/inappropriate content you can report to us at Support@amigomedia.in. Our team of reviewers will take necessary action.
If there are any questions regarding this refund policy, you may contact us at Support@amigomedia.in