Terms Of Service
Last Modified: 3/31/2015
I. INTRODUCTORY PROVISIONS:
A. These Website User and Membership Terms and Conditions govern your use and access to and/or membership in, www.rustservers.io. Hereinafter, rustservers.io may be referred to as “we,” “us,” or other first-person pronouns. These Terms and Conditions apply to you whether you are a player who contributes donations, a passive or active user of our services, simply a registrant who posts to and reads our message boards, or if you are merely browsing our site.
B. Revisions to This Policy: We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. The user should periodically check this web page for any modifications regarding these Terms and Conditions by re-visiting this web page and using the “refresh” button on the user’s browser. The user should note the date of last revision to this page, which appears at the top of this page. If the “last modified” date remains unchanged, after the user has clicked the “refresh” button on his/her browser, the user may presume that no changes have been made since the last reading of the document. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
C. If you do not agree to be bound by these Terms and Conditions, you may not use our site, servers, or any other services: you must exit the RustServers.IO site immediately; you may not use or access the SITE. You may use and access our services only in accordance with these Terms and Conditions and any applicable laws. Please consult these Terms and Conditions regularly and read them carefully before using our services. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
D. You are solely responsible for obtaining access to our services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access our services.
II. IMAGES AND CONTENT:
A. Our websites contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other World Wide Web Site owned, operated, licensed, or controlled by us (collectively, “Materials”).
B. If you are seeking information regarding illegal activities, please leave the RustServers.IO site immediately and refrain from accessing our site or services in the future.
C. You further agree not to use or access our services if doing so would violate the laws of your state, province or country.
You specifically agree to refrain from using our services to illegally swap files or to distribute any copyrighted materials without the express permission of the copyright holder. Some of our content may depict graphic images of violence, gore, criminal activity, or battle scenes. Viewer discretion is advised. Teenagers, ages 13 to 17 must have their parents’ permission to use the SITE.
III. AGE OF RESTRICTION AND MEMBERSHIP:
A. Age of Restriction. You represent and warrant you are at least 13 years of age and that you have the legal capacity to enter into this Agreement. If you are not at least 13 years of age, you terminate our use of our services immediately and may not use or access our services. Teenagers, ages 13 to 17 must have the permission of a parent or legal guardian to access, use or play on the SITE. You agree not to bypass any security and/or access features that we have installed. Additionally, we do not assume any responsibility or liability for any misrepresentations regarding a user’s age.
B. Membership. Membership and passwords may not be assigned, transferred, or sold to a third party. RustServers.IO and its affiliates disclaim any and all liability arising from fraudulent entry and use of our services. If a user fraudulently obtains access, we may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.
IV. ACCESS TO, LIMITED LICENSE, AND INTERFERENCE WITH OUR SERVICES:
A. Access. To access rustservers.io or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our services that all information you provide will be correct, current, and complete. If we believe that the information you provide is not correct, current, or complete, we have the right to refuse you access to our services and to terminate or suspend your access at any time with no refund due.
B. Limited License. Subject to these Terms and Conditions and in consideration of using our services, we hereby grant you a limited, nonexclusive, nontransferable personal license to access and use our services. We provide our services for personal, non-commercial use by gamers, viewers, fans, visitors, subscribers and/or potential subscribers. Users of our services are granted a single copy license to use our services and attendant software (on a single computer only). Our services shall be for private non-commercial use only, and all other uses are strictly prohibited. We reserve the right to limit the amount of bandwidth used. You agree to prevent any unauthorized hacking of our services or unauthorized use thereof. Any unauthorized use of our services or any of the Materials contained therein terminates this limited license effective immediately. You represent and warrant that you will not allow anyone under 13 to access our services without the permission of a parent or legal guardian. We reserve the right to terminate this license at any time if you breach or violate any provision of this Agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from our servers. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
1. You may not circumvent any encryption or other security tools used anywhere on our servers (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of our services);
2. You may not exploit software errors in order to manipulate the system and performing actions including but not limited to obtaining unapproved price discounts, obtaining unpaid services, and obtaining unearned affiliate credit.
3. You may not use any data mining, bots, or similar data gathering and extraction tools on our servers, or any of our services.
4. You may not decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;
5. You may not sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time- share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use our services.
C. Interference. Except where expressly permitted by law and by our affirmative consent, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from our servers’ Materials. User hereby agrees not to use any automatic device or manual process to monitor or reproduce our works, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage RustServers.IO or any communications on it.
D. You agree to cooperate with us in causing any unauthorized use to cease immediately. At any time, if we provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive, or illegal material while using our services. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and we shall terminate all your rights under this Agreement.
IX. DISCLAIMER OF WARRANTY:
A. You expressly agree that use of our services or any of our materials is at your own and sole risk.
B. Our services are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
C. We make no representations or warranties that our services or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does RustServers.IO make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of our services or any of the materials contained therein.
D. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of our services or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
E. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. RustServers.IO does not assume any responsibility or risk for your use of the internet.
F. We make no warranty regarding any goods or services purchased or obtained through our services or any transaction entered into through us and are not responsible for any use of confidential or private information by sellers or third parties.
G. We may change any of the information found on RustServers.IO at any time without notice including the terms of service without notice. We make no commitment to update the information found on our servers or in our services. We make no commitment to update the materials.
H. The warranties and representations set forth in this agreement are the only warranties and representations with respect to this agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
A. The provision of any services which is in violation of any laws is strictly prohibited. If we determine that you or any user has provided or intends to purchase or provide any services in violation of any law, your ability to use our services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from any user providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may arise should you violate any law.
B. You do also hereby agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party not affiliated with us.
XI. LIMITATION OF LIABILITY:
A. In no event shall we (or our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use our services or any of the materials contained therein, even if we have been advised of the probability of such damages. This is for any matter arising out of or relating to this agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold harmless, RustServers.IO and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use our services or any of the Materials contained therein, or your breach of any of these Terms and Conditions. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
XIII. LINKS AND LINKING:
A. Some websites which are linked to us are owned and operated by third parties. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
B. You further acknowledge and agree that we 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 use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
D. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by us of such websites or the content, products, advertising or other materials presented on our servers, but are for user\'s convenience.
E. Users access them at their own risk. We expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through our services. We expressly disclaims any liability derived from the use and/or viewing of any links that may appear in our services.
F. All users do hereby agree to hold RustServers.IO harmless from any and all damages and liability that may result from the use of links that may appear on our servers. We reserve the right to terminate any link or linking program at anytime.
XV. COPYRIGHT INFORMATION:
A. The Materials accessible from our servers, and any other World Wide Web Site owned, operated, licensed, or controlled by us, is our proprietary information and valuable intellectual property. Any copyright infringement will not be tolerated. Our words and software are registered with the U.S. Copyright Office.
B. Our Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of us, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
C. Modification or use of the Content except as expressly provided in these Terms and Conditions violates our intellectual property rights.
D. Neither title nor intellectual property rights are transferred to you by the use of our services.
E. All of our Materials, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, and software is the property of RustServers.IO or its content suppliers and is protected by United States and international copyright laws. The compilation of all of our Materials is the exclusive property of RustServers.IO or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
XIX. NO AGENCY RELATIONSHIP:
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.