Thank you for using our products and services! PLANET TWELVE PRIVATE LIMITED ("we", "us", "our", and their derivatives) provide websites, mobile applications, including P12 App, software, platforms, contents, updates, features, experiences, patches, downloadable contents and other online services ("Services").
Please read and review the Terms of Service ("Agreement"), together with our Privacy Policy, and all supplemental terms and conditions set out in other documents ("Terms") carefully. These terms govern your use of or access to our Services and form a legally binding contractual relationship between you ("user" "player" or "you"), whether as a guest or a registered user, and us.
By accepting this Agreement, you agree
(a) to arbitrate almost all disputes rather than have them heard in a court of law or by a jury;
(b) not to participate in a class action lawsuit against us if you are in the US; and
(c) that unless otherwise stated herein and to the extent allowed by law, all purchases are non-refundable.
Besides, you must be and hereby affirm that you are an adult of the legal age of majority in your region/country of residence. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement.
Please note that if you are accessing third-party contents that are hosted or displayed on our Services, additional terms and conditions for such third-party contents may also apply. We recommend that you refer to the terms and conditions for such third-party contents in addition to these terms.
Arbitration Notice For Users In The United States: Section 14 contains a binding arbitration clause and class action waiver that affect your legal rights.
If you don't accept any term of this Agreement, please do not use or access to our Services in any way. By the way, if you have any questions regarding this Agreement, please contact us at support@p12.dev.
- 1. Account
- 2. License
- 3. User Conduct
- 4. Virtual Items And Virtual Currency
- 5. Playing With Other Users
- 6. User Generated Content ("UGC")
- 7. Intellectual Property
- 8. Privacy
- 9. Advertisement And Third- Party Content
- 10. Digital Millennium Copyright Act ("DMCA")
- 11. Limitation Of Liability
- 12. Indemnities
- 13. Disclaimer Of Warranties
- 14. Dispute Resolution, Arbitration And No Class Actions
- 15. Termination
- 16. Miscellaneous
- 17. Contact
- 18. Updates
When using our Services, you may choose to, and in some instances, you will be required to create an account with us (an "Account"). To create an account, you may need to provide certain categories of personal information to us, such as a username, password, email address, birthdate, etc. You can also create an account using your pre-existing third-party accounts that we support, such as your Facebook account, as selected by you on the account creation screen.
You acknowledge and agree not to include any words and phrases which are offensive in your display name. We reserve the right (but not obliged) to filter out certain impressions that we deem unacceptable. Besides, we also reserve the right to terminate your account or require you to register again with a new acceptable display name if we consider that the old one is offensive, misleading, or potentially infringing the rights of any third parties at our own discretion.
The ownership of the account shall be owned by us, and you shall only enjoy the right to use the account during the term of this Agreement. Your account is only for your own non-commercial use. Without our consent, you may not sell, resell, rent, lease, share or provide access to your account to anyone else. We will not be responsible for any losses that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise. Besides, we reserve all available legal rights and remedies to prevent unauthorized use of our Services. Your account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.
To create an account and access some of our Services, you must be at least the minimum age for consenting to personal data collection under the law in your jurisdiction. If you are between the minimum age for personal data collection and age of majority in your jurisdiction, your parent or guardian must review this Agreement and accept it on your behalf. Parents and guardians are responsible for the acts of their children and minors under 18 years of age when using our Services. Please note that neither our Services are directed at children nor we knowingly collect personal information from children. Again, if you do not agree to this Agreement, you may not use our Services.
You acknowledge and agree that you shall be solely responsible for keeping your account secure and confidential (including but not limited to usernames, passwords, or other related account information) and establish the appropriate security measures according to our requirements or guidelines. Also, you acknowledge that you shall be responsible for all behaviors performed and identified on or through your account, whether authorized by you. If you find someone using your account without permission or any other security vulnerabilities, you should immediately notify us.
You are responsible for maintaining the accuracy, integrity, and confidentiality of your account information. We would recommend that you regularly change your password, and do not use the same email and password combination for any other online service.
We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if
(a) you fail to comply with these Terms;
(b) we suspect fraud, cheating, or misuse by you of our Services; or
(c) we suspect any other unlawful activity associated with your account.
If your account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via the Services prior to termination of your Account.
You may terminate your account at any time by contacting us at support@p12.dev. To complete your request, we may collect fees incurred, if allowed by law, and any amounts owed to third-party vendors, service providers or creators.
For any minor users, a parent or legal guardian may ask us to terminate the minor user's account by contacting us at support@p12.dev.
Subject to your compliance with these Terms and, as applicable, the App Store Terms and Conditions, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, non-commercial and revocable right (the "License") to
(a) download and install mobile applications published and developed by us on the device permitted by the App Store Terms and Conditions (if applicable), and
(b) access and use the Services, including any Content, for your personal entertainment purposes leveraging only the functionality of the Services.
The license becomes effective on the date that you accept this Agreement. We and our licensors reserve all rights not granted to you in this Agreement.
“Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, Virtual Items (defined in Section 4) and any other content within the Services. Content also includes anything generated, created, or that is otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services.
You confirm and agree that you will not use, copy, adapt, modify, produce derivative works, distribute, license, sell, transfer, publicly display, transmit, broadcast, reverse engineer, decompile, derive source code from, translate, lease, grant a security interest in, assign, or otherwise exploit the Content or our intellectual property, except only as expressly permitted hereunder. We own and reserve all other rights, including all rights, titles and interests in our Services and associated intellectual property rights.
You agree not to do any of the following actions while using our Services:
(a) Harass, threaten, bully, spam, embarrass or cause distress or discomfort upon another participant, user, or any other individual or entity;
(b) Use our Services to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of you and/or others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;
(c) Use our Services to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights, such as by collecting or storing any personal information from our Services about anyone without their express permission;
(d) Remove any copyright, trademark, or other proprietary rights notices contained in or on our Services;
(e) Disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) our Services or interfere with anyone else’s use of our Services;
(f) Use illegal or inappropriate methods that may interrupt the operation, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading, or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files, or other unauthorized programs;
(g) Use, or provide ancillary offerings to anyone, that are not offered within the Services by us, such as hosting, “leveling” services, mirroring our servers, matchmaking, emulation, communication redirects, mods, hacks, cheats, bots (or any other automated control), trainers and automation programs that interact with the Services in any way, tunneling, third party program add-ons, and any interference with online or network play;
(h) Cheat, including but not limited to, by accessing our Services in an unauthorized manner, sharing accounts, accessing our Services on more than one device at a time, using any techniques to alter or falsify a device’s location, changing your age in any application, and selling or trading accounts;
(i) Sell, rent, lease, license, distribute, or otherwise transfer the Services or any Content, including without limitation, Virtual Items or Virtual Currency, including participating in or operating so called “secondary markets” for Virtual Items, Virtual Currency or Content;
(j) Market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
(k) Post any discriminatory content, including but not limited to race, religion, custom, heritage, gender, sexual orientation, age, occupation, or any other discrimination speech concerning the identity and legitimate preferences of others;
(l) Contribute to UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable;
(m) Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute;
(n) Impersonate any person, business or entity, including an employee of ours, or communicating in any way that makes it appear that the communication originates from us;
(o) Collect, store, use, or post any information that could be used to identify an individual, either itself or combined with other information, from the Services from other users of the Services without their express permission;
(p) Make transactions of P12 App account(s), sharing account(s), and conduct other activities that may affect account safety;
(q) Publicly post identifying information about yourself through forums, communication channels, comments and/or other features of our Services;
(r) Use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on the Services or for any other purpose;
(s) Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests of us or third-parties;
(t) Use the Services in any way that would affect us adversely or reflect negatively on us or the Services or discourage any person from using all or any portion of the features of the Services;
(u) Encourage, promote, take part in or enable anyone else to do any of the foregoing; or
(v) Violate any applicable laws or regulations, our Terms, or App Stores' rules and guidelines.
If you encounter another user who is violating any of these rules, please report this activity to us via support@p12.dev. However, we cannot and do not guarantee that other users are or will be complying with these Terms, and we will not be responsible for any other user's lack of compliance. You and other users are responsible for your own actions.
If you engage in any of the above prohibited activities, we are entitled to take certain punitive measures concerning your violation, including but are not limited to:
(a) A warning;
(b) Block from posting, content reset;
(c) Deleting or canceling your account, or other related information;
(d) Restricting, suspending or terminating your use of our Services, or unilaterally notifying you of the termination of this Agreement; and/or
(e) Other measures that are announced through our Terms, announcements, tips and notices.
Subject to applicable foreign exchange control regulations in your jurisdiction, we may offer certain upgrades and options within our Services that you can buy with real world currency, including, but not limited to, in-app currency where permitted under applicable law (“Virtual Currency”), in-app items or abilities, digital items for avatars, and other such digital add-on items that may improve your experience in some way (“Virtual Items”). Please note that Virtual Currency does not have any value in real currency, which means it is not a substitute for real currency and it doesn't earn interest. Except as otherwise outlined in the Terms, Virtual Currency can't be redeemed for any other currency and we are not obligated to exchange users' currency for anything else of value. Users under the age of 18 are required to obtain parental consent before purchasing Virtual Currency.
All payments for Virtual Currency and Virtual Items are final and non-refundable, except as required by law. Users may not use or distribute Virtual Currency except through the Services and as expressly allowed by us. Any use or attempted use of Virtual Currency in violation of the Terms will be void (i.e. automatically cancelled) and may result in immediate termination of your account and of your right to use Virtual Currency and Virtual Items. We do not recognize or take responsibility for third-party services that allow you to sell, transfer, or otherwise use Virtual Currency and any such use by a user is a violation of the Terms.
When purchasing Virtual Currency or Premium Memberships from our Services, you (or your guardian, as applicable) promise that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable payment. If you believe someone has gained access to or used your account without permission, please notify us as soon as possible via support@p12.dev. For the purposes of protecting our legitimate interests, we reserve the right to terminate any account with unauthorized charges.
Upon your purchase of Virtual Currency, you only receive a limited, non-refundable, non-transferable, revocable license to use it only for your personal entertainment, in connection with the Services, and in the ways permitted by us in the applicable Terms. Your license to use Virtual Currency will end when these Terms or your account terminate, or in any other way outlined in the Terms. You may get a limited license to use Virtual Currency:
(a) by purchasing or otherwise receiving Virtual Currency from us;
(b) by buying memberships that include an amount of Virtual Currency;
(c) by selling User Generated Content ("UGC") on the Services;
(d) by trading items with other users; or
(e) through other ways that we may sometimes offer.
Except as otherwise prohibited by applicable law, we, in our sole discretion, may modify, substitute, replace, suspend, cancel or eliminate any Virtual Items or Virtual Currency, including your ability to access or use Virtual Items or Virtual Currency, without notice or liability to you. We do not make any guarantees regarding Virtual Items or Virtual Currency, or their availability, quality, stability or value. We are not liable for any losses you take as a result of such suspension or removal, and we are not required to refund any Virtual Currency or other funds that you have spent on any removed or suspended items or contents.
You may, from time to time, make payments to us or other third parties in relation to the Virtual Items and/or Virtual Currency. You agree that you will comply with all terms and conditions of the relevant payment service (whether that payment service provider is us or a third party). You agree that you are solely responsible for all fees and taxes associated with any Virtual Items and/or Virtual Currency.
When you provide payment information to us or to one of our payment processors, you represent to us that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize us to charge your credit card or to process your payment with the chosen third-party payment processor for any fees incurred by you.
The specific charging items or charging rates of the Services are subject to the official information released by us. We are entitled to change or adjust the charging items or charging rates at our own discretion for the improvement of Services.
Some of our Services allow you to play against an opponent or to play socially with other users. You may be able to:
(a) Play against or play with another user whom we select for you; or
(b) Play against or play with one of your contacts on your in-app friend list or a third-party social media platform which you have allowed our Services to interact with.
Where we select another user for you, or groups you with other users for a certain mode, we may either select at random or use such criteria as we consider fit in order to make these selections.
By accessing and/or using our Services, you agree that your display name, scores, avatar, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purposes, in perpetuity, without any payment to you, including but without limitation to other users in our Services or within our marketing.
Some of our Services include features that may allow you to participate in text and/or audio chat with other users. Please ensure that you will never share any personal information of you or other individuals with other users via our Services.
UGC includes, but is not limited to, all information, data, software, sounds, photographs, graphics, videos, audio-visual effects, messages, tags, artworks, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, scripts, methods of operation, musical compositions, Virtual Items (defined in Section 4), works of authorship of any kind, and other content generated, created, or that is otherwise developed on or through our Services by you or any other user (collectively "Creators") as a result of interaction with the functionality of our Services.
We do not claim ownership rights in UGC and nothing in these Terms restricts any rights that you may have to use and exploit your UGC. You retain all copyrights that you may hold in the UGC, excluding any of our intellectual properties that may be contained therein, that you have ever provided or will provide (whether created solely by you or together with others) between you and us or you and other users. Subject to the foregoing, we and our licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of all jurisdictions in the world. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
You are responsible for your UGC. You may not upload UGC that infringes a third party's intellectual property rights or that violates the law, this Agreement or a third party's right of privacy or right of publicity. You represent, warrant and agree that none of your UGC will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of our Services and we won't be liable for any use or disclosure of your UGC. You agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the promises made by you in this Section.
You grant us a perpetual, irrevocable, worldwide, exclusive, royalty-free, assignable, sublicensable right and license to use, host, store, transfer, translate, localize, publicly display, publicly perform, disseminate information on the Internet, reproduce, adapt, compile, film, modify, enhance, create derivative works of, distribute, and use in any way the UGC that you provide, in whole or in part, including modifications and derivative works without notice, payment or attribution of any kind to you or any third party. You also grant to all other users who can access and use your UGC on our Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through our Services without further notice, attribution or compensation to you.
You can use the terrain template or material template provided in P12 App and related services as the starting point for creating UGC, but the template you use does not mean that the template gives you any copyright or other ownership of the template.
We have no obligation to edit or control UGC provided by you or others, and will not be responsible for UGC in any way. However, we can block, delete, edit, or block any UGC that we believe violates the Agreement or is otherwise objectionable at any time without prior notice. You understand that when using this service, you will encounter UGC from different sources and admit that UGC may be inaccurate, offensive, or indecent. You agree to give up and do give up any legal or fair claims and compensation you have or may have with respect to UGC. Where the user or UGC owner informs us that the UGC is suspected of violating this Agreement, we can investigate the relevant charges and decide whether to delete the UGC at our own discretion. We reserve the right to delete it at any time without further notice. For the sake of clarity, we do not allow copyright infringement activities on services. If any UGC or other information is found inappropriate, please inform us as soon as possible.
We shall own all rights, titles, and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to our Services under this Agreement. You acknowledge that your use of our Servcies does not confer you any rights or interests or otherwise, in any aspect or feature of it, including without limitation, any in-app rewards, achievements, characters, Virtual Currency, levels, features, functionality and other content.
To be more specific, "Intellectual Property Rights" mean patents, rights to inventions, copyright and related rights, trademarks, trade names, neighbouring rights, right of publicity, commercial secrets, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Without prior written consent from us, you shall not use, modify, copy, distribute, frame, reproduce, republish, scrape, post, transmit, sell, display by any means, in whole or in part, or otherwise exploit P12 App in any manner. Any use of copyrighted materials, including without limitation derivatives works, requires the express prior written consent of us. Please note any unauthorized reproduction or redistribution of P12 App shall be prohibited and may result in severe penalties.
Under GDPR or other applicable data protection laws, the data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Services is PLANET TWELVE PRIVATE LIMITED
We collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these Terms. If you do not agree to our Privacy Policy, please do not use our Services.
You agree that the Services may contain certain marketing or promotional contents. You may use your device setting to opt out of receiving such marketing or promotional content. For more details, refer to Section 5 "Opt-out" of the Privacy Policy.
Our Services may contain links to other sites and resources (such as software, tools, plug-ins, and data) provided by third parties, contain content and services provided by third parties, or run advertisements, promotion, or marketing activities for third parties (collectively, "Third-Party Content").
You acknowledge and agree that we are not responsible for and we do not endorse, support, or guarantee the lawfulness, accuracy, quality, reliability, or suitability of any Third-Party Content submitted to, transmitted, or displayed by or linked by our Services. We will bear no responsibility for your use of or relationship with any such Third-Party Content. Any reliance on or use of such Third-Party Content is at your own risk.
We respect the intellectual property rights of others and we ask you to do the same. If you are a copyright/trademark owner or an agent of a copyright/trademark owner and believe that any content on the Services infringes upon your copyrights or other intellectual property rights, you may submit a notification pursuant to the DMCA by contacting us at support@p12.dev. You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further details):
(a) A description of the copyrighted work or trademark which you believe is being infringed. If applicable, please also include information regarding any registrations of these rights or applications to register these rights, including the countries where registered or applied for, and application or registration numbers;
(b) A description of the allegedly infringing material, with information that is reasonably sufficient to enable us to locate the material;
(c) Your contact information, such as your address, telephone number, and email address;
(d) A statement that you have a good faith belief that use of the material is not authorized by the intellectual property owner, its agent, or the law;
(e) A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) Your physical or electronic signature.
To the extent permitted by applicable laws and regulations, the total aggregate liability of us and our affiliate companies for all claims in connection with this Agreement or the Services, arising out of any circumstances, will be limited to the amount that you have paid to us for your use of our Services to which the claim relates in the 3 months immediately preceding the date of the most recent claim. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.
To the extent permitted by applicable laws and regulations, in connection with this Agreement or the Services, in no event will we or any of our affiliate companies be liable to you for any of the followings:
(a) Any errors, mistakes, interruption, suspension, termination, or inaccuracies of our Services;
(b) Any damages or losses resulting from causes outside the reasonable control of us, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond our control, such as acts of god, natural disaster (such as floods, earthquakes, epidemics, fire), social events (such as war, terrorism, riots, acts of civil or military authorities, embargoes, accidents, strikes) or shortages of transportation facilities, fuel, energy, labor or materials;
(c) Any damages or losses caused by any computer virus, trojan horse or other damage caused by malware or hackers;
(d) Any damages or losses caused by any malfunction or failure of our or your software, system, hardware or connectivity;
(e) Any direct, indirect, incidental, punitive, special, exemplary or other pecuniary or consequential losses (including, without limitation, loss of business, loss of goodwill or business reputation, business interruption, loss of business opportunity, revenue, loss of profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort or otherwise, even if they have been informed of the possibility of such damage;
(f) The conduct of third parties, including other users of the Services, and that the risk of the Services and the third-party websites and of injury from the foregoing rests entirely with you, including damage or loss of any kind;
(g) Important matters: we may deem it necessary to make updates, or reset certain parameters in order to balance our Services. These updates or "resets" may cause you to experience frustration in our Services, and may affect your rights concerning your character, group or other things under your control. Besides, you may lose some of your "earned" or "purchased" in-app Virtual Items. We reserve the rights to make these updates and will not be liable to you for any updates.
This Agreement governs the relationship between you and us (and, where relevant, our affiliates). Your dealings with all third parties are solely between you and the relevant third party. Subject to mandatory applicable laws and regulations, we and our affiliate companies have no liability to you in relation to any third parties, including any content, services or software provided by such third parties within the Services.
Nothing in these Terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You agree that you will be responsible for your use of the Services, and you agree to defend and indemnify us and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
(a) Your access to, use of, or alleged use of the Services;
(b) Your violation of any part of the Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(c) Your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation;
(d) Any dispute or issue between you and any third party; and/or
(e) Your other illegal or inappropriate behavior.
We reserve the right, at our own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
The services and all materials and content available through the Services are provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied. To the maximum extent permitted by applicable law, we and our officers, directors, employees, consultants, affiliates, investors, business partners, subsidiaries and agents (together, the "affiliated parties") disclaim all warranties of any kind, whether express or implied, relating to the Services and all materials and content available through the Services, including:
(a) Any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and
(b) Any warranty arising out of course of dealing, usage, or trade.
The affiliated parties do not warrant that the Services or any part of the Services, or any materials or content offered through the Services, including without limitation, any translations of content, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR US THAT IS NOT EXPRESSLY STATED IN THE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If a user has any issues with the experiences, Virtual Items or other UGC created by Creators, it should first contact the Creator directly to resolve the issue. While we are not responsible for these types of issues between Users and Creators, we want to make sure that everyone enjoys our Services. As a result, we have the right (but not obligation) to intervene in issues between Users and Creators so that we can try to help resolve them. Before escalating any issues between a User and Creator to P12 App, Users should first make a real, genuine effort to work out a solution with the Creator. If the User does not succeed, the User may escalate the issue to P12 App. If we choose to take action in any dispute between a User and Creator, the User and Creator agree that P12 App's decision is final and the Creator and User will accept that decision. Users agree to work with P12 App in a timely manner to resolve all such issues, and failure to do so is a violation of these Terms.
If there is a dispute about something covered by the Terms, it will be handled based on the version of the Terms that applied when the dispute happened. "Dispute" means any dispute, action, or claim relating to any part of the Terms, including those that come up after the Terms or a certain user's account terminates. Stay up to date by checking the Terms.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.
If a User and we are in a dispute, other than for those disputes listed below, the User and we agree to first try to resolve the dispute through informal discussions for at least 60 days. Those informal discussions will start when written notice is sent from the User to us or from us to the User. Users and we shall send a notice to each other via email. If, after 60 days, the User and we don't resolve the dispute, the User and we each agree to handle all disputes through binding arbitration by a neutral arbitrator and that the arbitrator has the exclusive right to resolve any dispute, including whether any part of the Terms is void or voidable.
You agree that laws of the Republic of Singapore (without giving effect to its conflicts of law principles) will govern these Terms, their subject matter, and their formation. Any dispute arising out of, from, or relating to these Terms or the Services, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of the arbitration shall be Singapore. The tribunal shall consist of no more than three (3) arbitrators. The language of arbitration shall be English. The initiating party is responsible for filing fees and all other fees. Any disputes that are not subject to the Arbitration Terms or that are severed from any arbitration may only be litigated in any competent courts of Singapore.
To the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Services, including any mobile applications, Virtual Items, and Content, with no liability or notice to you in the event that:
(a) We cease providing the Services to similarly situated users generally;
(b) You breach any terms of this Agreement (including the App Store Agreement(s) and our other policies specified in this Agreement);
(c) The owner of the applicable App Store terminates your App Store Account; or
(d) We otherwise deem it necessary to suspend or modify your access to and use of the Services or terminate this Agreement in our sole discretion.
You may also terminate this Agreement by deleting and uninstalling the application on any and all of your devices or by deleting your App Store Account. A suspension or modification of your access to and use of the Services will result in your inability to access and use some or all features of the Services, as determined by us in our sole discretion. Upon any termination of this Agreement, the rights granted to you will automatically terminate, and you may no longer exercise any of those rights or this Agreement. Subject to applicable law, we may, in our sole discretion, provide continued access to and use of the Services after such termination.
We have the right to interrupt or terminate the Services provided to you or terminate the Agreement without notice under any of the following circumstances:
(a) You violate relevant laws and regulations or the Terms;
(b) In accordance with laws or requirements of competent authorities;
(c) In accordance with rules and guidelines of the App Stores; and/or
(d) For safety reasons or other necessary circumstances.
If your behavior causes us losses (including but not limited to direct loss, indirect losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses), loss of reputation, loss of third-party penalty claims, etc.), we have the right to recover from you in full.
This Agreement and any other document or information referred to in this Agreement constitutes the entire and exclusive understanding between you and us regarding the Services and supersede any and all prior oral or written understandings or agreements between you and us regarding the Services.
You and us agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court or tribunal of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
We may notify you via e-mail or any other means of communication to contact you. All notices given by you or required by you under these Terms shall be in writing and shall be sent to support@p12.dev. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Any notices that you provide without compliance with this Section on notices shall have no legal effect.
Your and our actions or inactions will not create any other rights under this Agreement except as what is explicitly written within this Agreement. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
You may not assign transfer, sublicense, pledge, or delegate any of your rights or obligations under these Terms, by operation of laws or otherwise, without our prior written consent. Any purported assignment by you, without such consent, will be null and of no effect. We reserve the right to assign, transfer, sublicense, pledge or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent.
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
Nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
If you have questions relating to this Agreement, please contact us at support@p12.dev and we will endeavour to deal with your request as soon as possible.
If we make any material changes to this Agreement, we will post the updated version here and notify you in accordance with relevant legal requirements.
Last Updated: August 7, 2023