Last Updated: July 6th, 2018
Rustafied Terms and Conditions
These Terms and Conditions are an agreement (the "Agreement") by and between Rustafied LLC. ("Rustafied", "Us", "We", "Our"), and You (the "User"). This agreement shall be effective as of the date of electronic acceptance by clicking a box indicating acceptance or by executing a purchase that references this agreement ("effective date"). By checking the checkbox, you acknowledge that the purchase is final and your account will be debited accordingly. You agree that when paying by Credit Card payment method that selecting the "I hereby allow automatic renewal of my purchase" box will subscribe you to a recurring renewal fee as stated on the Checkout page before your purchase is confirmed. This agreement may be amended by us at any time and applies to all our services made available online, through any mobile device, by email or by telephone. Any reference to Rustafied shall also include Rustafied's affiliates, as defined below. Each of Rustafied and User is a "party" and together they are the "parties".
Any reference to the "Server(s)" is to game server(s) hosted and operated by Rustafied that allow players of the game "RUST" (the "Game"), developed by FacePunch Studios Ltd. (hereon "FacePunch"), to connect to the Server(s) and interact with other players and content in the Game. A non-exhaustive list of such Servers is maintained at https://www.rustafied.com/server. Any reference to "Server(s)" specifically excludes game servers that are not featured on the "Official" tab of servers (the "List") within the Game; a list of select server operators, managed and controlled by FacePunch. A game server operated by Rustafied is added to the List at FacePunch's sole discretion and may be removed without notice. In such instances, the definition of "Server(s)" no longer applies, regardless of the Server's prior addition to the List.
Any reference to "Player(s)" is to owners of the Game who are attempting to connect to Servers, or are connected to Servers, and is irrespective of whether the Players have an active VIP Slot with Rustafied (as defined in Section 2 of the Agreement).
Any reference to "SteamID64(s)" is to the unique identifier that represents a Player's profile and account for "Steam", a service operated by Valve Corporation that serves as the platform to access and run the Game. Every Player on our Servers must have a valid SteamID64 in order to be able to connect. During the checkout process, the User and their player account on the Servers are associated with each other via the SteamID64.
Any reference to "Customer Support" is to the support request system hosted at https://forum.rustafied.com/support wherein the User can submit written requests for assistance, and be responded to by Rustafied Staff. It is via the aforementioned system that any requests to transfer a Rustafied VIP Slot, Region Pass, or Platinum VIP, in accordance with and as defined in Section 2, must be submitted, to the appropriate department, in order for Rustafied to provide a response.
Any reference to "Rustafied Staff" is to volunteer players of the Game who have been expressly assigned a position of responsibility for moderating, administrating, providing customer support, conducting maintenance, for the Servers and/or the Players, as applicable. A list of such staff can be found at https://forum.rustafied.com/staff
This agreement governs any free trial periods for Rustafied services and any usage thereafter by the User and affiliates of the User; paid or otherwise. Notwithstanding anything to the contrary contained in this agreement, during any trial period, the services are provided "as is" without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow for the exclusion of implied warranties, the above exclusion of implied warranties may not apply to You. If any provision in this Agreement is declared illegal or unenforceable, the provision will become void, leaving the remainder of this Agreement in full force and effect.
If You are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity an its affiliates to these terms and conditions. If You do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
WHEREAS, Rustafied has developed and operates a selection of digital subscriptions that permit the User to bypass Player queues on Rustafied Servers (the "Services"), where the queues formed are of Players who are not subscribed to one of the digital subscriptions once Rustafied Servers are at maximum Player capacity. Consequently, the User, by using one of the Services, is permitted to exceed the soft Player capacity limit set for the relevant Servers. (e.g. the User may connect to a Server at 200/200 Players, bypassing any Player queue, causing the Server to subsequently have 201/200 Players)
WHEREAS, the User wishes to utilize the Services provided by Rustafied through its online store for personal, recreational use only, and Rustafied has agreed to provide such Services pursuant to the terms and conditions of this Agreement.
The pages, content and infrastructure of these pages, and the online VIP Slot checkout service provided on these pages and through the website are owned, operated, and provided by Rustafied LLC. and are provided for your personal, non-commercial use only.
Now, therefore, the Parties hereto, for good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, and intending to be legally bound, hereby agree as follows:
1. License Grant
a. License to Use Service. Rustafied hereby grants to the User a limited, nonexclusive, nontransferable, worldwide license during the Renewal Term chosen in the checkout process (the "License") to access and use the Services in accordance with this Agreement. All rights not expressly granted to the User under the License are reserved by Rustafied. The License granted to the User pursuant to this Agreement will permit use of the Services by the associated SteamID as entered at checkout only, valid for the Servers or Services provided by Rustafied as listed in the product description, as defined in Section 2. The User may increase the number of SteamIDs during the Initial or Subsequent Terms (as defined in Section REPLACE) of this Agreement for an additional fee, to be determined by Rustafied in its sole disrection, or by the User purchasing an additional VIP Slot with a different SteamID. Any "Affiliate" of the User may also be added by the User as a registered End-user under this Agreement. An "Affiliate", with respect to either Party, shall mean any entity, including and without limitation, any individual, corporation, company, partnership, limited liability company, or group, that directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with such Party. THE USER SHALL BE RESPONSIBLE FOR THE FAILURE OF ANY AFFILIATE OF THE USER TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
b. Limitations on Use. The Services are for use only by the User and its assigned End-users. Except as permitted by this Agreement, the Services may not be decompiled, reverse engineered, disassmbled, transferred, distributed, resold, sublicensed, or used to create any derivative works. Users may not use any network monitoring or discovery software to determine the Site's or Service's architecture, or extract information about usage or individual identities of users and their personal information. The User may not use any robot, spider, or other automatic software or device, or manual process to monitor or copy the Site or Services. The User may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any non-End-user third party the Services in any way; (ii) modify or make derivative works based upon the Site or Services; (iii) "frame" or "mirror" any content on any other server or wireless or Internet-based device; (iv) develop applications for internal use or install additional applications that are designed to run on or be used in conjunction with the Services. The User may use the Site and Services only for non-commercial, recreational purposes and shall not: use the Services and consequently send spam or otherwise duplicative or unsolicited messages; use the Services and consequently send infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or material in violation of third party privacy rights (including, but not limited to "doxxing"); use or introduce material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Site or Services; or attempt to gain unauthorized access to the Site, Services, or its related systems or networks. Additionally, the User must not (i) defame Rustafied and its associated staff, including its volunteers; (ii) abuse, or otherwise incite inflammatory, derogatory, or hateful remarks towards, any member of Rustafied staff, its customers, other users of Rustafied Services or Servers, or any other individual associated with Rustafied; (iii) contravene any user or player rules expressly written or implied, which at the time of writing are accessible via https://www.rustafied.com/rules (the "Player rules") and govern what the users who access the Rustafied Servers (the "Players") can and cannot do.
2. Service Details.
a. Rustafied VIP Slot (Individual Server). Rustafied offers a service that allows the User to bypass any Player queue when connecting to a Server, which may or may not exist when the User connects to the Server, on the Server as specified in the product title and description only (the "VIP Slot"). As such, a VIP Slot for one particular Server does not grant the ability to bypass queues on any other server, except wherein the User: (i) upgrades the VIP Slot for an individual Server to an appropriate Region Pass (as defined in Section 2b.); (ii) transfers the VIP Slot to the server the User wishes to bypass the Player queue on (as defined in Section 2d.); (iii) purchases an additional VIP Slot for the Server the User is attempting to connect to. The VIP Slot is valid for one (1) SteamID only unless transferred to a different SteamID at the sole discretion of Rustafied. Additionally, the VIP Slot does not exempt the User from adhering to the Rustafied Player Rules. Should a user be found to be acting contrary to these rules, the user forefeits their ability to connect to any Servers and will be held to the same standard as a non-paying Player, without any refund or compensation. Furthermore, Rustafied staff reserve the right to prohibit a user from accessing Rustafied servers without refund of payments made, at any time, in accordance with US and International statutory laws.
b. Rustafied VIP Slot (Region Pass). Region Pass VIP Slots (the "Region Pass") operate in a similar nature to Individual Server VIP Slots. The service offered by Rustafied allows the User only to bypass any Player queue when connecting to any Server in the same geographical area as the region that the Region Pass correlates to, as stated in the product description (e.g. One purchase of the Rustafied VIP Slot - Europass permits the User to bypass any Player queue on any Rustafied Server operated in Europe). A Region Pass does not permit the User to bypass any Player queues in other geographical locations except wherein the User: (i) upgrades the Region Pass to a Platinum VIP Slot (as defined in Section 2c); (ii) transfers the Region Pass to the corresponding region of the Server the User wishes to connect to; (iii) downgrades the Region Pass to the Individual Server VIP Slot that corresponds to the Server the User is attempting to connect to (in such cases Section 2a shall then apply); (iv) purchases an additional Individual VIP Slot for the Server the User is attempting to connect to (as defined in Section 2a). The Region Pass is valid for one (1) SteamID only unless transferred to a different SteamID at the sole discretion of Rustafied. Additionally, the VIP Slot does not exempt the User from adhering to the Rustafied Player Rules. Should a user be found to be acting contrary to these rules, the user forefeits their ability to connect to any Servers and will be held to the same standard as a non-paying Player. Furthermore, Rustafied staff reserve the right to prohibit a user from accessing Rustafied servers without refund of payments made, at any time, in accordance with US and International statutory laws.
c. Rustafied VIP Slot (Platinum). Platinum VIP Slots ("Platinum VIP") operate in a similar nature to Region Passes. The service offered by Rustafied allows the User only to bypass any Player queue when connecting to any Server operated by Rustafied pursuant to the definition of "Server(s)". A User who has an active Platinum VIP may request a downgrade to a Region Pass or Indiviual Server VIP Slot, which Rustafied may choose to honor, in addition to any partial refund or miscellaneous charges as applicable, at their sole discretion. Platinum VIP is valid for one (1) SteamID only unless transferred to a different SteamID at the sole discretion of Rustafied. Additionally, the VIP Slot does not exempt the User from adhering to the Rustafied Player Rules. Should a user be found to be acting contrary to these rules, the user forefeits their ability to connect to any Servers and will be held to the same standard as a non-paying Player. Furthermore, Rustafied staff reserve the right to prohibit a user from accessing Rustafied servers without refund of payments made, at any time, in accordance with US and International statutory laws.
d. VIP Transfer. The User may submit a request to transfer the User's VIP Slot(s)/Region Pass(es)/Platinum VIP(s) (hereon collectively "the Product(s)") pursuant to the definitions as expressly written in Section 2a, 2b, and 2c (a "VIP Transfer"). In such cases, the User must submit a written request to Customer Support in the relevant department, at least 24 hours prior to any expiry of the Product(s). A VIP Transfer may be honored, with or without a fee as determined by Rustafied for the service, at Rustafied's sole discretion. Rustafied reserves the right to refuse a VIP Transfer for any reason. In such instances where a VIP Transfer is refused, Rustafied will refund the VIP Transfer fee, if applicable.
3. Fees and Payment.
a. Subscription Fees. The fees for the use of Rustafied's Services (the "Service Fees") are detailed during the checkout process and are calculated individually for each Server that Rustafied offers the Services for, and the subscription duration, equal to the duration of the Service term. All Service Fees are non-refundable except where permissible under U.S. and International statutory law.
b. Additional End-users / Service Upgrades. The User may upgrade their Services or add additional SteamIDs at any time during the Initial or Subsequent terms (in accordance with Section 2). The user will be charged on a pro rata basis, according to the pricing at checkout, for any portion of a calendar month during which Services have been upgraded or additional SteamIDs have been added.
c. Payment of Service Fees. Payment of Service Fees shall be made in advance and in full, prior to the beginning of each Term, at the time of purchase. For Services the User upgrades during a Term, the pro rated amount is payable prior to the upgrade being effected. Once the pro rated payment is made, the upgraded Service(s) will be billed under the same Term as prior to the upgrade (e.g. a monthly VIP Slot upgraded to a Region Pass will require payment of an upgrade fee (pro rated), with the subsequent Term being payable from the invoice generated prior to the expiry of the existing Term of the VIP Slot). Any Subsequent Terms shall be invoiced 3 days prior to a Term's expiry and shall be due within five (5) days of the invoice date unless otherwise specified. Any invoice not paid within the timeframe given shall result in the associated Service(s) being terminated immediately, without compensation.
d. Increases in Service Fees. Rustafied reserves the right to modify Service Fees, including but not limited to, the Initial and Subsequent Term fees, Upgrade fees, Transfer fees, and Chargeback/dispute fees. Any increases will not affect existing subscriptions until the end of the current Term, which may be grandfathered in at Rustafied's discretion, subject to the availability of the Service(s) offered by Rustafied. Rustafied will provide thirty (30) days prior written notice of an increase in Service Fees that affects the User.
e. Taxes and Duties. Rustafied's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the User will be responsible for payment of all such taxes, levies, or duties, except where paid by Rustafied (at its sole discretion) on behalf of the User.
g. Payment disputes and Chargebacks. If the User believes any invoice is incorrect, the User must contact Rustafied in writing in accordance with Section 14(f) within 90 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. The User will pay the undisputed portion of the invoice, and the User and Rustafied will cooperate to promptly resolve the invoice dispute. The User agrees to not initiate a payment dispute or chargeback, and to contact Rustafied Customer Support at the first instance, should the User believe an invoice, transaction, or other billing or account related matter, to be erroneous. The User expressly may not In the event of a payment dispute or chargeback made by the User, either directly or via a payment processor, Rustafied reserves the right to instantly terminate the Service(s) of the User without refund or compensation of any kind, in addition to preventing the User from accessing any Rustafied Servers indefinitely. If You fail to adhere to the aforementioned policy and initiate a chargeback, Rustafied may at its sole discretion issue an invoice equal to or greater than the chargeback fee invoked by Rustafied's Payment Processors (currently PayPal and Stripe) to be unbanned from Rustafied servers and assets.
4. Service Performance.
a. Service Uptime and Maintenance. Rustafied shall provides to the User the Services on an as-is basis, regardless of "Uptime" (defined as the time when Services may be accessed and used by End-users). For the purposes of this Agreement, Uptime refers only to the availability of the Services and not that of the Servers operated by Rustafied for the use of its Players. Rustafied may perform maintenance without notice to the User, but will endeavor to maximize Service availability where feasible. Rustafied may, at its sole discretion, compensate the User in the event that the Services or Servers are inaccessible, on submission of a request to Rustafied Customer Support. Rustafied shall use good faith efforts to promptly notify the User of any outages or Downtime that it anticipates or discovers during the Term of this Agreement.
b. Service Uptime Exclusions. Specifically excluded from the calculation of Uptime are:
i. Network errors outside of the control of Rustafied or its hosting providers;
ii. Server errors and limitations set by third-party hosting providers;
iii. Planned maintenance announced at least 24 hours prior;
iv. Maintenance that is performed between 11pm and 6am EST;
v. Outages resulting from the actions of the User, other than through normal use of the website or Services;
vi. Outages resulting from exploits within the Game or Rustafied Services, or functionality removed from the Game;
vii. Outages of Rustafied Servers as a result of actions by the Players, including but not limited to exploiting the Game mechanics or hacking;
vii. Server outages as a direct result of cyber attacks, including denial of service attacks, and;
ix. Any other unavailability caused by circumstances beyond Rustafied's resonable control, including, without limitation, acts of God, acts of government, floods, fires, earthquake, civil unrest, acts of terror, strikes or other labor problems, Internet Service Provider failures or delays, other natural disasters, acts of war, or other events or circumstances that may constitute force majeure.
5. Rustafied References to the User. Upon execution of this Agreement, Rustafied may make references to the User. Rustafied may also respond to any inquiry regarding whether the User is a licensee and user of the Services at its sole discretion.
6. Amendments. The Parties agree that, in order to continually improve its Services, Rustafied may, from time to time, amend its website and Services at its discretion and will make commercially reasonable efforts to notify the Users of said amendments. The User is encouraged to continually check the website for notices of changes, updates, and improvements. Rustafied reserves the right to modify the Terms and Conditions at any time.
7. Rustafied Proprietary Information. The Site, Services, and its Contents ("Rustafied IP") are owned or licensed by Rustafied and protected by U.S. and international copyright, trademark, service mark, patent and/or other proprietary rights and laws. Except as expressly provided in this Agreement, nothing contained herein shall be construed as conferring to the User any license or right under any applicable intellectual property laws. No part of the Rustafied IP may be altered, copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, except as specifically provided in this Agreement. The User shall not take any action that shall interfere with or diminish Rustafied's right in any of the Rustafied IP.
8. Term, Suspension, and Termination.
a. Term. This Agreement shall commence on the Effective Date and shall automatically renew in accordance with the Renewal Term selected when purchasing the Service from Rustafied so long as Rustafied is providing Services pursuant to a fulfilled invoice. Unless this Agreement is terminated earlier pursuant to this Section 8, the initial term ("Initial Term") for the provision of Services shall be set forth in the applicable invoice. If no expiry date is set in the purchases area (https://www.rustaforum.com/clients/purchases), the Initial Term shall be for a period of thirty (30) days from the Effective Date. The Initial Term shall thereafter automatically continue monthly, for successive thirty-day (30) periods ("Subsequent Term"), unless the User submits a written request for termination to Rustafied Customer Support and ceases use of the Services. Otherwise, the Initial Term shall last for the duration of time until the expiry date of the purchase, and all Subsequent Terms thereafter are commensurate to the Initial Term (e.g. a 6 month VIP Slot will renew every 6 months). The Initial Term and Subsequent Term shall together be known as the "Term".
b. Suspension and Termination. Rustafied reserves the right to suspend access to its Services if the User's payment of the Service Fees is more than five (5) days late. In no case will Rustafied be liable to the User for any refund or damages arising out of a suspension and, if applicable, subsequent termination. A termination of this Agreement shall automatically terminate any outstanding subscriptions and Rustafied would not be obligated to continue providing the Services to the User. Either Party may terminate the Agreement for the reasons set forth below:
i. Material Breach. If a Party materially breaches this Agreement, the other Party may terminate the Agreement for cause by delivering a termination notice to the breaching Party (a) describing the breach and (b) stating the non-breaching Party's intention to terminate the Agreement if the breaching Party has not remedied the breach within thirty (30) days after receipt of such termination notice (the "Cure Period"). In the event that the breaching Party does not cure such breach within the Cure Period, such termination notice shall terminate the Agreement as of the last day of the Cure Period or such later termination date specified in such termination notice.
ii. Indemnifiable Claim. Either Party may terminate this Agreement for cause (without opportunity to cure) by delivering a termination notice to the other Party if the other Party fails to undertake its obligations relating to Losses under Section 12 (Indemnification) of this Agreement within 90 days following notification of a claim against the terminating Party.
iii. Other. Either Party may terminate the Agreement for cause (without opportunity to cure) by delivering a termination notice to the other Party if (a) the other Party is subject to a change in control in favor of a direct competitor of the terminating Party or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.
c. Remedies Not Limiting. The remedies provided in this Section 8 are in no way limiting of one another or of any other rights and remedies granted to Rustafied under this Agreement. Rustafied may choose to, but is not required to, place the User’s account on suspension in lieu of termination where termination is permitted under the terms of this Agreement or take other appropriate action.
9. Representations and Warranties.
a. Mutual. Each Party represents, warrants, and covenants, as applicable, to the other Party that: (i) It has all right, title, and authority to enter into this Agreement; and (ii) Its execution of this Agreement and its engagement hereunder do not constitute a breach of any contract, agreement or understanding, oral or written, to which it is a party or by which it is bound.
b. Performance Warranty. During the Term of this Agreement: (i) the Services shall function properly in conformity with the warranties herein and in accordance with this Agreement; and (ii) the Site commentaries and text shall completely and accurately reflect the operation of the Services.
10. Disclaimer of Warranties. Rustafied will make commercially reasonable efforts to ensure high availability of the Services, a reliable operational schedule, and to provide timely correction of content known to be inaccurate. Unless otherwise stated in Sections 4 (Service Performance) and 9 (Representations and Warranties), Rustafied's website and Services are provided on an "as is" and "as available" basis, and, unless otherwise stated in this Agreement, Rustafied expressly disclaims all warranties, including the warranties of merchantability, and fitness for a particular purpose and non-infringement. Rustafied disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Site and Services; (b) the unavailability of this Site, Services, or any portion thereof; (c) The User’s use of this Site or Services; (d) The User’s use of any equipment or software in connection with the Site or Services; or (e) any third party web sites or content therein directly or indirectly accessed through links contained on the Site or through the Services.
11. Limitation of Liability.
a. THE LIABILITY OF RUSTAFIED AND THE USER TO EACH OTHER FOR ANY AND ALL CAUSE(S) OF ACTION, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, TORT, NEGLIGENCE OR ANY OTHER), ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OR BREACH OF THIS AGREEMENT WILL IN NO EVENT EXCEED THE AMOUNT PAID BY THE USER TO RUSTAFIED UNDER THIS AGREEMENT FOR THE APPLICABLE SERVICES IN THE PAST 12-MONTHS PRIOR TO THE EVENT RESULTING IN THE CLAIM.
b. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR DAMAGES FROM LOST PROFITS, LOST USE, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THIS SITE OR SERVICES, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. NOTWITHSTANDING THE FOREGOING, SECTION 11a and SECTION 11b WILL NOT APPLY TO (I) CLAIMS FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR CRIMINAL ACTS OR OMISSIONS, (II) BREACH OF CONFIDENTIALITY, (III) ANY THIRD PARTY CLAIMS SUBJECT TO THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT.
a. The User agrees to indemnify, defend and hold harmless Rustafied, its officers, directors, employees, agents, licensors, voluntary staff, suppliers and any third party information providers to the Site or Services from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees (collectively, “Losses”), resulting from or in connection with: (i) any breach of any obligation of the User under Section 13 (Confidential Information); (ii) any breach by the User of any of its warranties and representations under Section 9(a) (Representations and Warranties); (iii) violation of any applicable laws by the User, its officers, directors, employees, agents, contractors, or affiliates (“User Responsible Parties”); or (iv) any misuse, loss, damage, corruption, or destruction of the Services by the User Responsible Parties or any breach of security relating to the same.
b. Rustafied agrees to indemnify, defend and hold harmless the User, its officers, directors, and employees from and against all Losses resulting from or in connection with: (i) any breach of any obligation of Rustafied under Section 13 (Confidential Information); (ii) any breach by Rustafied of any of its warranties and representations under Section 9 (Representations and Warranties); (iii) violation of any applicable laws by Rustafied, its officers, directors, or employees (“Rustafied Responsible Parties”); (iv) any loss, damage, corruption, or destruction of the Services by Rustafied Responsible Parties or any breach of security relating to the same; or (v) any infringement of intellectual property rights of any third party; provided, however, that Rustafied is not liable for any Losses arising under this Subsection 12(b)(v) to the extent that the User modified the Rustafied IP, unless such modifications were approved by Rustafied, or the Losses are based on a use for which the applicable Rustafied IP was not authorized.
c. Indemnification under subsections (a) and (b) hereof will be provided only on the conditions that: (i) the indemnifying Party is given written notice within fifteen (15) calendar days after the indemnified Party receives notice of the subject Action; (ii) the indemnifying Party has sole control of the defense and all related settlement negotiations, provided any settlement that would impose any monetary or injunctive obligation upon the indemnified Party shall be subject to such Party’s prior written approval and unconditionally releases the indemnified Party of all liability; and (iii) the indemnified Party provides cooperation and information in furtherance of such defense, as reasonably required by the indemnifying Party at the indemnifying Party’s expense. The indemnifying Party shall not be relieved of its indemnification obligations herein for the indemnified Party’s failure to comply with such requirements, except to the extent that the indemnifying Party has been prejudiced by the indemnified Party’s actions or inactions.
13. Receipt of Confidential Information.
a. Confidentiality. Each Party agrees to maintain the confidentiality of the other Party’s Confidential Information as defined herein. “Confidential Information” means all information concerning a Party’s business not generally known to the public, whether or not marked as confidential. By way of illustration only, Confidential Information may include this Agreement, trade secrets, know-how, inventions, contractual disclosures, techniques, processes, algorithms, software programs, schematics, software source documents, contracts, customer lists, financial information, sales and marketing plans, information and business plans and other proprietary information, whether or not such information is marked as confidential. Confidential Information shall not include, even if it is marked as such, information that: (i) is already known to the receiving Party at the time of disclosure, which knowledge the receiving Party shall have the burden of proving; (ii) is, or, through no act or failure to act of the receiving Party, becomes publicly known; (iii) is readily observable and / or duplicable by the public; (iv) is legally received by receiving Party from a third party without restriction on disclosure; (v) is independently developed by receiving Party without reference to the Confidential Information of the disclosing Party; or (vi) is approved for release by written authorization of the disclosing Party. In maintaining the confidentiality of the other Party’s Confidential Information, each Party shall use at least the same standard that Party uses for its own confidential information of similar type, and shall take necessary precautions not to disclose such information to any person except its officers, employees or subcontractors, who have a need to know in order to comply with the obligations of this Agreement. Each Party’s officers, employees, and subcontractors shall be bound by the terms of this Section or a similar written agreement with terms no less protective of either Party’s Confidential Information than this Agreement. Each Party acknowledges that any actual or threatened violation of this Section may cause irreparable, non-monetary injury to the disclosing Party, the extent of which may be difficult to ascertain, and therefore agrees that the disclosing Party shall be entitled to seek injunctive relief in addition to all other remedies available at law and/or in equity. Nothing in this Section shall prohibit Rustafied from disseminating aggregated information that contains no identifiable User Confidential Information.
b. Destruction and Return of Confidential Information. Upon written request of the disclosing Party, all materials containing Confidential Information in the receiving Party’s possession will be destroyed or returned to the disclosing Party and the receiving Party will retain no copies or reproductions of the Confidential Information unless required by law, except the receiving Party may retain one record copy, subject to the reasonable instructions of the disclosing Party with respect to such copy.
c. Cooperation. In the event of any unauthorized use or disclosure or loss of any Confidential Information of the disclosing Party, the receiving Party shall promptly, at its own expense: (i) notify the disclosing Party in writing; (ii) take such actions as may be necessary or reasonably requested by the disclosing Party to minimize the violation or the damage resulting therefrom; and (iii) cooperate in all reasonable respects with the disclosing Party to minimize the violation and any damage resulting therefrom.
d. Limitation. Notwithstanding the provisions of this Section, Rustafied may disclose User’s Confidential Information, which includes personally identifying information and End-user activity: (i) in accordance with a judicial or other governmental subpoena, warrant or order; provided that Rustafied shall comply with any applicable protective order or equivalent and, unless prohibited by law, Rustafied will employ commercially reasonable efforts to provide the User with prior written notice, so that the User has an opportunity to intervene at its own expense and to protect the confidentiality of its information; (ii) to law enforcement officials and regulators if it reasonably suspects unlawful activity; and (iii) to other Parties that are identified by the User for that purpose.
e. No Intellectual Property. THE RECEIVING PARTY ACQUIRES NO INTELLECTUAL PROPERTY RIGHTS FROM THE DISCLOSING PARTY UNDER THIS AGREEMENT, except for the restricted right to use disclosing Party’s Confidential Information for the express, limited purposes described above.
14. Additional Miscellaneous Provisions.
a. Governing Law; Jurisdiction; Venue; Attorney’s Fees. This Agreement shall be construed in accordance with, and governed by, the laws of the State of New Jersey, except for that body of law addressing conflicts of law. The Parties hereby consent to exclusive venue and jurisdiction for actions concerning or relating to this Agreement in the federal or state courts of New Jersey, Morris County. In any action to interpret or enforce this Agreement, the prevailing Party shall be awarded all court costs and reasonable attorneys’ fees it incurs. The Parties submit to the jurisdiction of said courts and waive any defense of forum non conveniens. The Parties waive all rights to jury trials.
b. Assignments. Neither Party may assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the other Party’s prior written consent (not to be unreasonably withheld). Notwithstanding the foregoing, either Party may assign the Agreement, together with all rights and obligations under the Agreement, without the other Party’s consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other Party (if a public company, as set forth in the other Party’s then-most recent 10-K filing). Any attempted assignment, delegation, or assumption of this Agreement not in accordance with this Section will be void and of no effect. Rustafied retains the right to terminate this Agreement immediately in the event of any breach by Licensee of this Section.
c. Survival/Severability of Terms. The provisions of Sections 7 (Rustafied Proprietary Information), 8d (Remedies Not Limiting), 9 (Representations and Warranties), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Receipt of Confidential Information), and 14 (Additional Miscellaneous Provisions), this “Survival” provision, shall survive termination of this Agreement regardless of the manner in which this Agreement was terminated. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
d. Language. The English language version of this Agreement is the controlling version thereof. All support and other inquiries regarding the User’s use of any Rustafied Services must be submitted to Rustafied in English, and Rustafied will communicate in English only.
e. Compliance. The User is responsible for compliance with all import and export regulations (including documentation requirements of any authority); compliance with the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act, and the anti-corruption laws of other countries. The User acknowledges that the Services may be subject to export restrictions imposed by the United States government and governments of any of the other countries in which Rustafied operates. The User will comply with, and fully co-operate with Rustafied in relation to these restrictions.
f. Notices and Contact Information. Any demand, notice, or other communication required or permitted hereunder shall be effective if in writing and either (i) submitted via https://forum.rustafied.com/support as a support request to Rustafied Customer Support; or (ii) E-mailed to firstname.lastname@example.org. Notices must be addressed as follows: (A) if to Rustafied, via the Support Request utility under the appropriate department; or (B) if to the User, at the mailing address or email set forth in the purchase invoice. Email notice shall only be effective upon confirmation of receipt by the receiving Party. Either Party may change its notice address by providing the other Party with notice of the change. The User hereby agrees to not initiate a payment chargeback and to resolve disputes using the Rustaforum support system as stated in Section 14(f)(i).
g. Amendment. This Agreement may be modified by the User only in writing, signed by a duly authorized representative of each Party. Rustafied may alter this Agreement at any time by providing thirty (30) day's notice prior to effecting any changes. Rustafied will interpret continued use of its Services after this time as acceptance of any updated Agreement. The User must submit a formal notice in writing pursuant to Section 14(f) (Notices and Contact Information) to inform Rustafied that the User does not consent to the amended Agreement, and cease using all Services immediately. Any future subscriptions entered into by the User will fall under the amended Agreement, regardless of any existing subscriptions under alternative Agreements.
h. Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, agency, or employment relationship between the Parties, and neither Party shall have any right to bind the other or incur any obligation on the other’s behalf without the other’s prior written consent. Except as expressly provided for herein, this Agreement is not for the benefit of any third party, but nothing in this Agreement shall prevent or interfere with any consumer bringing an action against the User for violation of law.
i. Entire Agreement; Waiver. This Agreement and the Exhibits hereto constitute the entire agreement between the Parties as to the subject matter hereof, and supersede all prior and/or contemporaneous agreements, representations, and understandings between them, whether orally or in writing, except as may be expressly incorporated by reference into this Agreement. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Parties.
Rustafied Forum Rules
Rustafied constantly strives to be a fair community for all, and these terms and conditions are designed to keep the community organised but still enjoyable.
If you do not agree with these terms and conditions you are required to deactivate your account, without compensation for any existing subscriptions you may have with Rustafied. By engaging with the community here (including but not limited to; posting, creating topics, uploading or downloading files, rating threads or users) you accept the regulations laid forth below and that you will adhere to them. Ignorance for not reading these guidelines does not constitute a valid defence if you are found to be disregarding these rules and punitive action may be taken.
No abusive behaviour is tolerated, either towards other players or members of staff.
Discrimination of any kind is also prohibited and warrants an immediate ban.
The staff have the final say; if you wish to complain against a particular user email email@example.com
Flaming, trolling or other inciteful behaviour is not for this forum.
Advertising is not permitted on the forums, please omit or redact any information such as server IP's.
Please do not disregard what the staff instruct you to do so.
Excessive swearing or topic bumping is not tolerated.
These terms and conditions may be modified without notice; at the discretion of Rustafied.