Welcome to APX.Social, this social gaming platform is operated by Parallel Planes Pty Ltd, trading as APX.Social (hereinafter referred to as "APX.Social", "we", "our", or "us"). These Terms and Conditions ("Terms") govern your use of our website, services, and any content provided therein (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.
This document was last modified on the 11th of June, 2024
Welcome to the APX.Social platform, operated by Parallel Planes Pty Ltd ("Company"). This Agreement details your rights and responsibilities as a user or publisher with us. We encourage you to read through this document thoroughly. A brief summary is provided at the beginning of each section for your convenience.
This Agreement pertains to the services provided by Parallel Planes Pty Ltd, operating as APX.Social. By accessing or using APX.Social, a digital platform for software and media distribution, you agree to be bound by these Terms. Registering an account on our platform signifies your acceptance of this Agreement.
Users: If you create an account to buy, download, or interact with games and other content on APX.Social, you are considered a user ("User") and agree to comply with this Agreement. Users must be at least 13 years old, as our platform is not intended for younger children.
Publishers: If you create an account to sell, distribute, or share games and other content on APX.Social, you are considered a publisher ("Publisher") and agree to adhere to this Agreement. Publishers must be 18 years or older, or have the consent of a legal guardian, and must be competent to enter into these terms and conditions.
APX.Social strives to maintain a positive and respectful community. Actions that undermine this environment may result in account termination without notice. Prohibited actions include but are not limited to:
Publishers are solely accountable for the content they distribute on APX.Social. Publishers affirm they possess the necessary rights, licenses, and permissions to publish their content. By submitting content, Publishers grant APX.Social a license to use, reproduce, and distribute the content as part of our service. This includes:
Ownership and Licensing
Publishers retain ownership of their content but grant the following licenses:
APX.Social provides tools for users to create and share content, including ratings, reviews, profile images, and more ("User Generated Content" or "UGC"). By creating or uploading UGC, you grant APX.Social a worldwide, non-exclusive, perpetual, royalty-free license to use, reproduce, create derivative works, display, perform, and distribute your UGC.
If you believe your copyrighted work has been infringed on our platform, you may submit a DMCA notice with the following information:
Send DMCA notices to admin@apx.social. Incomplete notices may be invalid.
If your content has been removed due to a copyright claim and you believe this was in error, you may submit a counter-notice including:
If a valid counter-notice is received, we may restore the content in 10 to 14 business days unless the original complainant seeks a court order.
Publishers using our platform to distribute content must adhere to the acceptable use policies of our third-party payment providers, such as Stripe and PayPal. When providing payment information, you must ensure you are authorized to use the payment method and consent to our processing of the payment.
Publishers can set their own prices for content. APX.Social is entitled to a share of the revenue from each transaction, which may include taxes and fees. Publishers are responsible for ensuring compliance with tax regulations.
Refund requests can be made if the purchased content is defective, inaccessible, or misrepresented. For issues, users should contact the Publisher first. For third-party keys (e.g., Steam keys), Publishers must confirm cancellation before a refund can be processed. Contact support for refund eligibility.
If earnings remain unclaimed for over 12 months, a maintenance fee may be applied. Publishers should claim earnings timely. Contact support to delay this fee.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SERVICE AND ASSUME NO LIABILITY FOR ERRORS, INTERRUPTIONS, OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE. LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Summary: This Agreement is governed by the laws of Victoria, Australia. All disputes must be addressed in Victoria.
This Agreement shall be governed by the laws of Victoria, Australia, without regard to its conflict of law principles. Any legal action or proceeding related to this Agreement shall be brought exclusively in the courts located in Victoria, Australia.
Summary: You agree not to participate in class action lawsuits against APX.Social.
YOU AGREE NOT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. IF THIS WAIVER IS FOUND UNENFORCEABLE, ANY DISPUTE SHALL BE RESOLVED IN COURT RATHER THAN THROUGH A CLASS OR COLLECTIVE ACTION.
Summary: You agree to cover any damages or costs incurred by APX.Social due to your actions.
You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, damages, losses, liabilities, and expenses arising from your use of the Service, violation of this Agreement, or infringement of any third-party rights.
Summary: You cannot transfer this Agreement, but APX.Social can.
This Agreement and any rights or licenses granted hereunder may not be transferred or assigned by you but may be assigned by the Company without restriction.
These Terms of Service, along with the Privacy Policy and any other legal notices posted by the Company on the Service, form the complete agreement between you and the Company regarding the use of the Service. If any part of this Agreement is found to be invalid by a court with proper authority, the invalidity of that part will not impact the validity of the remaining provisions, which will continue to be in full effect.
No waiver of any part of this Agreement will be considered a continuing waiver of that term or any other term, and the Company’s failure to enforce any right or provision under this Agreement does not constitute a waiver of that right or provision.
The Company reserves the right to change these Terms of Service at any time without prior notice. It is your responsibility to review these Terms regularly for any updates. Your continued use of the Service after any changes to the Terms indicates your acceptance of the updated terms.
Section headings and summaries are provided for convenience and do not affect the interpretation of this Agreement.
YOU AND THE COMPANY AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. OTHERWISE, THE CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.