A message from the owner
Recently, our payment providers have shifted their policies around refunds. They are now holding merchants liable for all fees associated with a transaction, even if the transaction is refunded.
Given this, we are changing a couple of our policies. Mainly:
- We will no longer be providing refunds for any purchase. We will be happy to provide account credit in extenuating circumstances.
- No more moving VIP to another server. This was a huge source of abuse, refunds, and manual labor - we’re scrapping it entirely.
Thanks for your understanding. Please review and accept our updated Terms and Conditions and Privacy Policies which reflect these changes. If you have any questions or comments, feel free to put a ticket in.
Terms & Conditions of Use
Last Updated: March 6, 2020
By using Rustafied platforms and/or services, you agree to be bound by these Terms & Conditions so we recommend you spend the time to read it.
These Terms and Conditions of Use ("Terms" or "Terms and Conditions") govern your use of the https://www.rustafied.com website, our Rust servers, our digital VIP service, all content and software associated with our service, or any other service (each, or collectively, the "Service") provided by Rustafied LLC (“Rustafied”, "us", "we", or “our”).
We reserve the right to update and change these Terms and Conditions without notice.
- You are responsible for maintaining the security of your account and password. Rustafied cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You are responsible for all activity that occurs under your account.
- You may not use the Service for any illegal purpose or to violate any laws in your province, territory or country.
- You must provide a valid email address and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- The Service is offered and available to users who are at least 18 years of age for residents of the United States, or the age of majority in your province, territory or country. By using the Service, you represent and warrant that you are of legal age to form a binding contract with us and meet all of our eligibility requirements. Individuals under the age of 18, or applicable age of majority, may use our Service only with the consent of a parent or legal guardian and only under such parent’s or legal guardian’s account. If you do not meet all of these requirements, you must not access or use the Service.
- Your use of the Service is at your sole risk. Service is provided on an “as is” and “as available” basis.
- Technical support and request for cancellation of subscriptions is only provided via the support ticket system.
- You understand that Rustafied uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. Except as explicitly authorized in these Terms, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs.
- You must not modify another website so as to falsely imply that it is associated with the Service or Rustafied.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Rustafied.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate these Terms.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer support member or account member will result in immediate account suspension with forfeiture of any active subscriptions you may have, without any refund or compensation. It will result in being removed, temporarily or permanently, from the Service, at our sole discretion.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Rustafied does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Rustafied shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Rustafied to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between you and Rustafied and govern your use of the Service, superseding any prior agreements between you and Rustafied (including, but not limited to, any prior versions of the Terms).
- Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your acceptance of and consent to such changes.
VIP purchases are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set depending on the type of subscription plan you select when purchasing a subscription.
By purchasing a VIP subscription, you acknowledge that you will be subscribed to a recurring renewal subscription fee as stated on the checkout page before your purchase is confirmed. You acknowledge that your purchase is final and your account will be charged accordingly.
After your initial Billing Cycle, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a “Renewal Term”), at the renewal price communicated to you at the time you purchased your initial subscription (“Renewal Price”), unless Rustafied provides you with at least thirty (30) days’ advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature and you agree that Rustafied may initiate an ACH transfer or process your credit card for the amount of the Renewal Price without additional notice to you.
If you want to change or terminate your subscription, you may do so solely through your online account management page or by submitting a support ticket here - https://rustafied.com/support. An email, phone call, or request on any other platform to cancel your subscription is not considered a cancellation. Here are instructions on how to cancel your subscription - https://forum.rustafied.com/faq/vip/billing/cancel-vip-renewals/.
If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for a refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Rustafied to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize Rustafied to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Rustafied does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that Rustafied may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Rustafied with accurate and complete billing information including full name, address, region/state, zip/postal code, country, and email address. By submitting such payment information, you automatically authorize Rustafied to charge all subscription fees incurred through your account to any such payment methods. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Check with your payment method service provider for details.
You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your Rustafied profile, and all contact and billing information, are kept up-to-date and accurate. Rustafied is not responsible, or liable, for undelivered account notifications. You agree to promptly notify Rustafied if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
Should automatic billing fail to occur for any reason, Rustafied will issue an electronic invoice indicating that you must manually submit payment, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Once the invoice expires, you will be unable to re-activate that subscription and a new purchase will need to be made.
Any disputes about charges to your account must be submitted to Rustafied in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
If you upgrade your single server VIP to a regional pass or Platinum, it will result in an upgrade fee and the new rate will be charged at the next billing cycle. There will be no prorating in between billing cycles.
You authorize Rustafied to charge you for any sales or similar taxes that may be imposed on your subscription payments, or any other fees charged by Rustafied.
We reserve the right to change our subscription plans or adjust pricing for our Service or any components thereof in any manner or at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
- VIP allows the player to bypass any player queues when connecting to our servers for the specific server or region that was purchased, which may or may not exist when the player connects to the server. The SteamID64 that is entered during checkout identifies the player the VIP will be applied to.
- Each VIP is only valid for one (1) SteamID64.
- VIP does not exempt players from adhering to our server rules (found at https://www.rustafied.com/rules)(the “Server Rules”). If we determine that you have violated our Server Rules and/or these Terms, we reserve the right, at any time without notice, to suspend or terminate your ability to connect to any of our servers without refund of any payment.
- VIP can be upgraded but it cannot be downgraded or transferred to another server. Transfers of VIP to other players are not allowed except as we otherwise determine in our sole discretion.
- You are responsible for keeping track of your active subscriptions with Rustafied and the accounts that have active subscriptions.
Changes to the Service and Prices
- Rustafied reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, any immaterial parts of the Service (e.g., offerings, packages, passes, etc.) with or without notice.
- Prices of the Service are subject to change. Notice of any price change may be provided at any time by posting the change on the website or by direct notice to account members.
- Any subscription fee change will become effective at the end of the then-current Billing Cycle.
- Rustafied shall not be liable to you or to any third party for any price change, or modification of the Service.
- Your continued use of the Service after any price change comes into effect constitutes your agreement to pay the modified price amount.
Subscription fees are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a credit to some or all of our VIP subscribers. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Cancellation of Subscriptions
- You are solely responsible for properly canceling your subscriptions.
- You may cancel your subscription renewal through your online account management page or by submitting a support ticket here - https://rustafied.com/support. An email, phone call, or request on any other platform to cancel your subscription is not considered cancellation. Here are instructions on how to cancel your subscription - https://forum.rustafied.com/faq/vip/billing/cancel-vip-renewals/
- If you cancel the subscription before the end of your current billing period, your cancellation will take effect as of the end of your current billing period, and you will not be charged again. You will continue to have access to the Service through the end of your current billing period, and your VIP will automatically terminate at the end of your current billing period. There will not be any prorating of unused time in the last billing period. Please note that if you terminate or otherwise close your account, you will automatically terminate your subscription immediately and will not be able access the Service.
Payment Disputes and Chargebacks
If you believe an invoice is incorrect, you must contact us via our support ticket system within thirty (30) days of the invoice date on the incorrect invoice in order to be eligible for an adjustment or account credit.
You agree to contact us immediately via the support ticket system from the account that you used to purchase the subscription if you encounter any issues with your subscription.
If a dispute/chargeback is filed, we reserve the right to suspend your access to the Service until the dispute/chargeback is resolved to our satisfaction. If the original dispute/chargeback is not reversed or otherwise resolved, Rustafied may, at its sole discretion, terminate your account and prevent you from creating another account with us. While the resolution of a dispute/chargeback is pending, we will not accept reimbursements or use of a different credit card or other forms of payment in order to activate your access to the Service. There will be no refunds or credits for any periods of suspension or for any account terminations resulting from account disputes or chargebacks.
If we determine in our sole discretion that you have or are: (i) intentionally using the Service and filing a dispute/chargeback, (ii) stealing someone’s identity and billing information, or (iii) hacking our Service, then your account will be immediately terminated and you will no longer have access to the Service.
You are responsible for updating and maintaining the accuracy of all information you provide to us relating to your account, including payment information. We can terminate your account or suspend your account if we cannot process the payment for your account due incorrect information. We are not obligated to provide credit or other remedy for accounts suspended by either our representative or by our automated processes.
Rustafied has the right to suspend or terminate your account and refuse any and all current or future use of the Service if Rustafied determines, in its sole discretion, that you have violated these Terms and Conditions or pose a threat to Rustafied, its employees, business partners, users or the public. Such termination of the Service will result in the deactivation or deletion of your account, and the forfeiture and relinquishment of all subscription(s) on your account. We reserve the right to refuse to accept business from anyone for any reason at any time.
You can submit a support ticket here - https://rustafied.com/support to request deletion of your account. If you request immediate deletion of your account while you have an active subscription, you will immediately lose access to our Service resulting in the forfeiture of any remaining time left on your subscription without any refund. Your account can not be recovered once it has been deleted.
The Service and its original content, features and functionality (collectively, the “Content”) are and will remain the exclusive property of Rustafied LLC. The Service and Content are protected by copyright, trademark, patent, trade secret and other laws of both United States of America and foreign countries. Rustafied and its licensors own and retain all right, title and interest in and to the Content. Rustafied hereby grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Service. You may not sell or modify our Content or reproduce, display, distribute, or otherwise use our Content in any way for any public or commercial purpose. Use of our Content on any other site is prohibited.
Rustafied respects the intellectual property rights of others and expects users of our Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and that are properly provided to us. If you believe that any content on our website constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement appearing on our Service is: Copyright Agent, email: firstname.lastname@example.org
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Rustafied. These links are provided solely as a convenience to you and are not an endorsement by Rustafied of the contents of those other sites. Rustafied is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Rustafied has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Rustafied shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
If you decide to access any of the third-party websites linked in our Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We may terminate or suspend your account immediately, without prior notice or liability, if you violate these Terms or are engaged in illegal or fraudulent use of the Service. Upon termination, your right to access and use the Service will immediately cease.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
RUSTAFIED, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, ERROR-FREE, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Limitation Of Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL RUSTAFIED, NOR ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, 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) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RUSTAFIED UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO RUSTAFIED DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF CLAIM.
You agree to indemnify and hold Rustafied, its subsidiaries, and affiliates, subcontractors and other partners, and their respective stockholders, directors, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Service in violation of these Terms and Conditions or arising from your breach of these Terms and Conditions or any breach of your representations and warranties set forth in these Terms and Conditions or any content that you submit or post on, through or in connection with our Service.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it amicably. Please contact us if you have a dispute by sending an email to email@example.com. If we cannot resolve a dispute within 60 days and you reside in the United States (including its territories) you and we agree that any dispute, claim or controversy arising out of or relating in any way to the Service, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Rustafied are each waiving the right to a trial by jury or to participate in a class action. You and we must file in small claims court or arbitration any claim or dispute within one year from when it first could be filed. Otherwise, it's permanently barred. This arbitration provision shall survive termination of this Agreement and the termination of your account.
The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless Rustafied and you agree otherwise, any arbitration hearings will take place in Morris County, New Jersey. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND RUSTAFIED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If the provisions of this paragraph is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If you live in the European Union or elsewhere in the world other than the United States, you and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against Rustafied, you should address it to firstname.lastname@example.org.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We may revise and update these Terms from time to time at our sole discretion. If we make changes to these Terms and Conditions that, in our sole discretion, are material, we will provide you with notice as appropriate under the circumstances. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding to you. If you do not agree to the new terms, you are required to stop using the Service.
We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Service.