TOS

RUSTICUS TERMS OF SERVICE AND DONATION TERMS
1. Basic Terms

You are completely responsible for your use of the Services, for any Content you post to the Services, and for any consequences that may occur as a result. The majority of Content you post or submit through the Services is public by default and will be viewable by other users and through thrid party services and websites. You should only provide content that you are willing to share with others under these Terms. You may only use the Services if you can form a binding contract with Rusticus and free to receive services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that Rusticus are always changing and the nature of the Services that Rusticus may vary over time without prior notice to you. In addition, Rusticus may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also reserve the right to limit the use of Services at our sole discretion at any time without prior notice to you. Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Rusticus on the Services are subject to change.

2. Privacy

When you create or reconfigure an account, you provide some personal information, such as your name, username, password and email address. Your username, birth date and age, gender, forum statistics and activity are listed publicly. We may use your contact information, such as your email address to enable Services, for example, for login verification. We may use your contact information, such as your email address to send you information about our Services, including through third-party services and software. We may receive information about your location. For example, we may choose to publish your location on your profile. When you use our Services, we may receive information (Log Data) such as your IP address, browser type, operating system, the referring web page, pages visited, location, mobile carrier, internet service provider, device information, host information, cookie information. We reserve the right to store and publicize this “Log Data” without your consent. You may provide your payment information, including your credit or debit card number, card expiration date, CVV code, PayPal account information, and billing address (collectively, “Payment Information”), along with your shipping address, to complete a commerce transaction or donation through our Services. We may also provide your credit or debit card number to register for card-linked services, such as offers. We may store your Payment information, excluding your CVV code. We use a variety of third-party services to help provide our Services, such as hosting our various web pages, and to help us improve the use of our Services, such as Google Analytics. The third-party providers may collect information sent by your device(s), machine(s) and software as a part of third-party software or a web page request, such as cookies or your IP address. Third-party partners may share information with us. We may share or disclose your information at your direction, such as when you authorize a third-party application or web page to access your account. Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Our Services are not directed to persons under 18. We do not knowingly collect personal information from persons under 18. If we become aware that a child under 18 has provided us with personal information, we take steps to remove such information and terminate the child’s account. We may revise this Privacy Statement (without notice). The most current version of the Privacy Statement will always be available at https://www.dizbitz.com/donate-to-rusticus-rust-server.

3. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Rusticus to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Rusticus for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Rusticus, or other companies, organizations or individuals who partner with Rusticus, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Rusticus will not be responsible or liable for any use of your Content by Rusticus in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You understand that any goods (physical, electronic, digital or virtual) you or any other users have purchased from Rusticus are non-refundable and may not be traded or resold to any other companies, organizations or individuals. You also understand that any donations made to Rusticus by you or any other users are non-refundable. Any items or goods (physical, electronic, digital or virtual) offered by Rusticus to you or another user for a donation are gifts and, in no way, is Rusticus providing a service to you or any other user for any donation made. Rusticus is, in no way, obligated to provide these gifts to you or any other users for a donation.

4. Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Rusticus be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. Rusticus Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Rusticus and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Rusticus name or any of the Rusticus trademarks, logos, domain names, and other distinctive brand features.

6. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Rusticus, its users and the public.

7. Copyright Policy

Rusticus respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that 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. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Rusticus will also terminate a user’s account if the user is determined to be a repeat infringer.

8. Ending These Terms

The Terms will continue to apply until terminated by either you or Rusticus as follows. You may end your legal agreement with Rusticus at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Rusticus when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 4, 5, 6, 7, 8, 9, and 10.

9. Disclaimers and Limitations of Liability

Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. A. The Services are Available “AS-IS”: Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Rusticus ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Rusticus Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Rusticus Entities or through the Services, will create any warranty or representation not expressly made herein. B. Links: The Services may contain links to third-party websites or resources. You acknowledge and agree that the Rusticus Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Rusticus Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. C. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RUSTICUS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RUSTICUS ENTITIES EXCEED THE GREATER OF ONE U.S. DOLLAR (U.S. $1.00) OR THE AMOUNT YOU PAID RUSTICUS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE RUSTICUS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. General Terms

The failure of Rusticus to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. These Terms and any action related thereto will be governed by the laws of Canada without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or municipal courts located in Alberta, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. These Terms, including our Privacy Policy are the entire and exclusive agreement between Rusticus and you regarding the Services (excluding any services for which you have a separate agreement with Rusticus that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Rusticus and you regarding the Services. Other than members of the group of companies of which Rusticus, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms. The most current version will always be at https://www.dizbitz.com/donate-to-rusticus-rust-server.