PENA USER AGREEMENT
1. Special Notices
1.1 This PENA USER AGREEMENT (this “Agreement”) governs your usage of our services, (hereinafter, “Services”) including PENA App, an integrated instant message communication application and social network developed by us. You (also referred to as "User") are one party and the other party is ILMU PENA(“we” or “PENA”). For the purposes of this Agreement, you and PENA will be jointly referred to as the “Parties” and respectively as a “Party”.
1.2 When using the Services, you will be subject to PENA’s User Agreement, Community Convention, Broadcaster Agreement, Copyright Policy and you are subject to additional guidelines or rules (collectively, these “Terms”) that are posted on the Services or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services. We may also offer certain paid services, which are subject to any additional terms or conditions that are disclosed to you in connection with such services. We, at our sole discretion, may revise these Terms from time to time, and the current version will be found at the following link: Settings>Privacy Policy. By continuing to use our Services, you agree to be bound by the revised Platform Policies.
1.3 You shall be solely responsible for the safekeeping of your PENA account and password. All behaviors and activities conducted through your PENA account will be deemed as your behaviors and activities for which you shall be solely responsible.
2. Account
In order to open an account, you will be asked to provide us with certain information such as an account name and password. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to PENA upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
We may permit you to register for and log on to the Services via certain third party services. The third party’s collection, use and disclosure of your information will be subject to that third party service’s privacy policy. Further information about how PENA collects, uses and discloses your personal information when you link your PENA account and with your account on any third party service can be found in our Privacy Policy.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, we can take care of this for you. Please contact us via dinur.developer@gmail.com or delete your account at the following link: Settings-Delete Account, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
3. Privacy
Your privacy is important to PENA. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services.
4. Use of the Services
Your access to and use of the Services is subject to these terms and all applicable laws and regulations. You agree that you will comply with these terms of Services and PENA’s Community Convention and will not:
PENA takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is PENA liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
PENA is not liable for any statements or representations included in User Content. PENA does not endorse any User Content, opinion, recommendation, or advice expressed therein, and PENA expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, PENA reserves the right to remove, screen or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these terms of Use of the Services or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these terms of Use of the Services and may result in, among other things, termination or suspension of your rights to use the Services.
5. Virtual Items
You can only buy virtual Gold Coin(“Coins”) and virtual gifts (Gifits), send Gifts to others, receive Gifts with monetary value, if you are aged 18 or older, or you may ask to your parents to process some actions.
The price of the Diamonds will be displayed at the point of purchase. All charges and payments for Diamonds will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.
You or your parents will be responsible for the payment of any Gold Coin purchased by you or your parents. Once your purchase has been completed, your user account will be credited with Gold Coin. Gold Coin cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit. Gold Coin can only be used on PENA and as part of our Services, and cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by us.
Except as otherwise set out in this Agreement, top-up, sales of Gold Coin and Gifts are final, and we do not offer refunds for any top-up or purchased Gold Coin and Gifts. Gold Coin and Gifts cannot be converted into or exchanged for cash, or be refunded or reimbursed by us for any reason.
6. Payment Terms
We accept major credit cards, certain debit cards and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize us, or our designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in Indonesia Rupiah, except where other currencies are offered via the payment methods made available by PENA. Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. You are obliged to provide relevant information to the payment processing partners or/and PENA for the foregoing reasons. If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase. For purchases on the Service, you may contact dinur.developer@gmail.com.
7. Intellectual Property Rights
All text, data, images, graphics, audio and/or video information and other materials within the Services provided by PENA are property of PENA are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by PENA to you.
By using and/or uploading any instant voice, live stream content or other content through a PENA Services to publicly accessible areas of PENA website, you grant to PENA and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
Unless otherwise agreed to in a written agreement between you and PENA that was signed by an authorized representative of PENA, if you submit, transmit, display, perform, post, or store User Content using the PENA Services, you grant PENA and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the PENA Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that PENA and its sub-licensees are allowed to use them to the extent indicated in this agreement.
8. Measures
PENA has the right to take the following measures against you: (i) suspending all or part of the account service; (ii) terminating the settlement of unsettled payments, commissions, rewards and other fees; (iii) deducting the amount of payment; (iv) deducting security deposits; (v) requesting the return of payment, commissions, rewards; (vi) claiming compensation for losses against you; (vii) terminating your access or/and your future access to use the Services, when you are at one or more of the following situation: (a) your use of the Services violates these Terms or applicable law; or (b) you fraudulently use or misuse the Services.
If we are unable to continue providing the Services to you due to technical or legitimate business reasons, we may terminate these Terms and block your access to the Services. This includes the ability to terminate or to suspend your access to any purchased products or services.
9. Disclaimers
You shall be fully responsible for any risks involved in using PENA Services. Any use or reliance on PENA Services will be at your own risk.
Under no circumstance does PENA guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the Services is provided by PENA on an “as is” basis. PENA make no representations or warranties of any kind express or implied as to the operation and the providing of such Services or any part thereof. PENA shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.
PENA does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. PENA shall not be responsible for the content of any linked site or any link contained in a linked site, and PENA shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, PENA shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of PENA.
PENA shall not bear any liability for the interruption of or other inadequacies in the Services caused by circumstances of force majeure, or that are otherwise beyond the control of PENA. However, as far as possible, PENA shall reasonably attempt to minimize the resulting losses of and impact upon you.
10. Legal Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Indonesia, without regard to choice of law principles. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the BANI Arbitration Centre in accordance with the Arbitration Rules of the BANI Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Indonesa. The language of the arbitration shall be English.
11. Request for information
All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any PENA Services must be made using the appropriate level of legal process, and must be properly served on PENA.
12. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless PENA, our affiliates, and their and our respective officers, directors, agents, and employees from and against any complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of these Terms.
13. Limitation of Liabilities
To the fullest extent permitted by applicable law, in no event will PENA, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service, (ii) the conduct or content of other members or third parties on, through, or following the use of the service; or (iii) unauthorized access, use or alteration of your content, even if PENA has been advised of the possibility of such damages. In no event will PENA’s aggregate liability to you for all claims relating to the service exceed the greater of the amount paid, if any, by you to PENA for the service and Rp1.000.000 while you have an account. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
14. Modification of the Agreement
We amend these terms of the Agreement from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these terms, such as through a notice on PENA platform, an email to you or updating terms at the following links: Me-Settings-Platform Policy. You are obliged to look at the Agreement regularly to check for such changes. Your continued access or use of the Services constitutes your acceptance of the revised terms. If you do not agree to the revised terms, you must stop accessing or using the Services.
15. Other Terms
This Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.
If any provision of this Agreement is rendered void or unenforceable by competent authorities, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.
The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.