Application Terms of Use

Anyone who accesses or uses our Application is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Application and use of any and all information or data of any kind arising from access to, or use of, the Application, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.

We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice. You are responsible for reviewing the Agreement regularly. Your access to any part of the Application is deemed to be your acceptance of this Agreement, and any changes thereto.

If you are accessing or using any part of the Application on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.

Please see our Privacy Policy for a detailed description of how we collect, use, and disclose information about our End Users. The Privacy Policy is incorporated into this Agreement by reference.

Player 2 is social networking and team building Application for gamers.

The Application may offer optional paid features, including auto-renewing subscriptions and virtual items, as described in the "Purchases, Subscriptions, and Virtual Items" section below.

The specific features and functionality of the Application are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Application. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Application at any time.

We make great efforts to provide accurate information on the Application. However, we disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Application. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Player 2, Inc makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Application. If you believe any portion of the Application includes an error or inaccuracy, please notify us.

Certain Player 2, Inc materials provided through the Application are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible through the Application that is not expressly designated as being provided by another End User is the property of Player 2, Inc and its content providers, and Player 2, Inc and its content providers retain all right, title, and interest in the content.

Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Application and related materials solely for your own non-commercial use. Except as expressly provided, all rights are reserved. Nothing contained in this Agreement or on the Application shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of Player 2, Inc, or any third party.

You must also comply with our Community Guidelines and our Child Sexual Abuse and Exploitation (CSAE) Policy, available at https://player2app.com/csae-policy, which is incorporated into this Agreement by reference. We maintain a zero-tolerance approach to child sexual abuse and exploitation and to child sexual abuse material (CSAM), and we report and act on violations as described in that policy.

Our Application may refer to physical venues, geographical sites, Applications on the Internet, and/or products or services that are not under the control of or maintained by Player 2, Inc. (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by Player 2, Inc of any such Third Party Properties. You acknowledge that Player 2, Inc is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that Player 2, Inc is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. Player 2, Inc does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Application, you do so at your own risk.

It is not possible to operate our Application with 100% guaranteed uptime. Player 2, Inc. will make reasonable efforts to keep our Application operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Application. You agree that Player 2, Inc shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Application.

THE APPLICATION IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED, Player 2, Inc DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, INCLUDING EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REGARDING (A) THE APPLICATION; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE APPLICATION, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.

PLAYER 2, INC MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL OR CONTENT DISPLAYED ON OR OFFERED THROUGH THE APPLICATION IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. PLAYER 2, INC ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR- FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL PLAYER 2, INC OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE THE APPLICATION OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON THE APPLICATION, EVEN IF PLAYER 2, INC OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PLAYER 2, INC, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF THE APPLICATION OR THE INFORMATION CONTAINED ON THE APPLICATION.

You agree that Player 2, Inc may, to the extent feasible, in its sole discretion, and without prior notice, terminate your access to or use of any portion of our Application at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to Player 2, Inc for which monetary damages would be inadequate. You consent to Player 2, Inc's obtaining any injunctive or equitable relief that Player 2, Inc deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies Player 2, Inc. may have at law or in equity.

At any time and in Player 2, Inc's sole discretion, we may add, delete, or modify the Agreement. We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Application. All changes to the Agreement shall be effective immediately.

Access to and use of our Application are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.

Player 2, Inc. controls and operates the Application from its offices in the United States of America. Unless expressly stated to the contrary, Player 2, Inc. makes no representation that the Application is appropriate or available for use in other locations. Player 2, Inc. reserves the right to limit, in its sole discretion, the availability of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Application is void where prohibited. If you access or use the Application from outside the United States, you do so on your own initiative and are solely responsible for compliance with applicable local laws. You may not use or export the Application in violation of applicable U.S. export laws and regulations.

If you access the Application from outside the United States, you acknowledge and agree that your information may be transferred to, stored at, and processed in the United States or other jurisdictions where the privacy laws may not be as protective as those in your jurisdiction. Your consent to the Agreement, followed by your submission of such information, represents your agreement to the transfer of such information to the United States and the collection, use, and disclosure of your information in accordance with our Privacy Policy.

Except for the arbitration agreement in Section 14.5, which is governed by the Federal Arbitration Act, this Agreement and any dispute or claim arising out of or relating to it or to your use of the Application are governed by the laws of the state in which you reside, without regard to its conflict-of-laws principles. Subject to the arbitration agreement and class-action waiver in Section 14.5, you and Player 2, Inc. agree that any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in the End User's state of residence, and you and Player 2, Inc. consent to the personal jurisdiction of those courts.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION. IT REQUIRES YOU AND PLAYER 2, INC. TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, EXCEPT AS SET OUT BELOW.

(a) Informal resolution first. Before commencing any arbitration, you and Player 2, Inc. agree to first attempt to resolve the dispute informally for at least sixty (60) days. You must send a written notice describing the dispute and the relief you seek to dev@player2app.com. If the dispute is not resolved within sixty (60) days of the notice, either party may begin arbitration.

(b) Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to this Agreement or the Application that is not resolved informally shall be resolved exclusively by final and binding individual arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Agreement. This arbitration agreement is governed by the Federal Arbitration Act. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

(c) Class-action and jury-trial waiver. YOU AND PLAYER 2, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND PLAYER 2, INC. ALSO WAIVE ANY RIGHT TO A JURY TRIAL.

(d) 30-day right to opt out. You may opt out of this arbitration agreement and the class-action waiver by sending written notice to dev@player2app.com within thirty (30) days of first accepting this Agreement. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, the court-venue terms in Section 14.4 will govern your disputes.

(e) Exceptions and severability. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or other proprietary rights. If the class-action and representative-action waiver in subsection (c) is found to be unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and brought in a court of competent jurisdiction, while the remainder of this Section 14.5 shall continue in full force and effect.

In operating our Application, Player 2, Inc. does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Application, our mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Player 2, Inc. (including, but not limited to, comments, questions, feedback, data, suggestions, ideas and the like) will be deemed to be not confidential or secret. By submitting or sending information or other material to Player 2, Inc., you represent and warrant that the information is original to you and that no other party has any rights to the material.

By communicating with Player 2, Inc., including submitting or sending content to us, you grant Player 2, Inc. the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a Player 2, Inc. feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to Player 2, Inc. You also warrant that any "moral rights" in such content is waived.

If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.

No action arising out of this Agreement or your access to or use of our Application, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

If Player 2, Inc. does take any legal action against you as a result of your violation of the Agreement, Player 2, Inc. will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Player 2, Inc. You agree that Player 2, Inc. will not be liable to you or to any third party for termination of your access to, or use of, any of our Application as a result of any violation of the Agreement or for any reason at all.

You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Player 2, Inc. Any purported assignment lacking such consent will be void at its inception. Player 2, Inc. may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Application.

The Application may offer optional paid digital products, including consumable virtual currency ("P-Coins"), other virtual items, and auto-renewing subscriptions (such as "Player 2 PRO"). All purchases are processed by the applicable app store (the Apple App Store or Google Play) using the payment method on file with your store account, and are also subject to that store's terms. Player 2, Inc. does not itself collect or store your payment card details. You represent that you are at least the age of majority in your jurisdiction, or that you have the consent of a parent or legal guardian, to make any purchase, and that you are authorized to use the payment method associated with your app store account.

Subscriptions, including Player 2 PRO, automatically renew for successive periods of the same length at the then-current price until you cancel. Your store account is charged for renewal within the period before the end of the then-current term in accordance with the applicable store's rules. You can manage your subscription and turn off auto-renewal at any time through your app store account settings; deleting the Application does not, by itself, cancel a subscription. If we change the price of a subscription, we will provide notice as required by applicable law and the applicable store, and any price change takes effect on your next billing cycle after notice.

P-Coins and other virtual items represent a limited, personal, non-transferable, revocable license to access a feature of the Application. They have no monetary value, do not constitute your property, are not a bank account, balance, or e-money, and cannot be redeemed for cash or any monetary value except where required by applicable law. You may not sell, transfer, sublicense, or exchange virtual items or currency except through features, if any, that we expressly offer. We may manage, regulate, modify, suspend, or eliminate virtual currency or items at any time, with or without notice. Virtual currency and items are forfeited if your account is suspended or terminated or if the Application is discontinued, and are non-refundable except as required by applicable law.

Except where required by applicable law or by the applicable app store's policies, all purchases are final and non-refundable. Refund requests are handled by the applicable app store in accordance with its then-current policies.

Stated prices may include or exclude applicable taxes depending on your jurisdiction and the applicable store. You are responsible for any applicable taxes that are not collected by the store.

You may download the Application from the Apple App Store or Google Play. Your access to and use of the Application is also subject to the terms of the store from which you obtained it. The following additional terms apply.

This Agreement is between you and Player 2, Inc. only, and not with Apple Inc. ("Apple"). Apple is not responsible for the Application or its content. Apple has no obligation to furnish any maintenance or support services for the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession or use of it, including product-liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer-protection or similar legislation, and claims that the Application infringes a third party's intellectual property rights. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the Application. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the Application. Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, will have the right to enforce this Agreement against you as a third-party beneficiary.

If you obtain the Application from Google Play, your use is also subject to the Google Play Terms of Service. To the extent of any conflict between this Agreement and the Google Play terms, the Google Play terms govern solely with respect to your use of the Application obtained through Google Play, and only to the extent of that conflict.