Terms of Service
Date Last Modified: July 24, 2023
RustClash.com is owned and operated by Rust Clash Entertainment Ltd, registration number HE439425, located at Thermistokli Dervi, 48, 3rd Floor, Office 306, 1065, Nicosia, Cyprus.
Payments may be handled on behalf of Rust Clash Entertainment LTD, 30, Peiraios, ,Fl.: 1st,Apt.: 1, Strovolos, Nicosia, 2023, Cyprus, Registration Number: HE439425
You acknowledge and agree that by browsing or using the content, services and tools offered by the site, you have agreed, without limitation or qualification, to be bound by these terms and any additional requirements that may apply. If you do not agree with these terms, please do not use this site. these terms constitute a legal agreement and shall apply to your use of the site and its services even after termination.
Your access to the Website and your right to use the Services is for only for personal use and for entertainment purposes only. The sole purpose of the Website and Services is to play games and/or access features on the Website.
All outcomes on the Site are generated by our provably fair system and awarded as such. You agree that the outcome will be determined by the provably fair system and any user interface errors do not entitle you to an item offered on the Site.
Please note the arbitration provision set forth below, which requires, except where and to the extent prohibited by law, you to arbitrate any claims you may have against RustClash.com on an individual basis. arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.
1. Acceptance of Terms
By downloading the App, using the Website, or participating in RustClash.com, including, without limitation, participating in its games and contests (each a “Contest”), Users: (i) acknowledge that they have read and agree to be bound to and abide by these Terms; (ii) accept and agree to all obligations, rules and scoring systems for each Contest in which they participate; and (iii) represent and warrant that they are authorized and able to accept these Terms. RustClash.com may also issue additional terms, rules and conditions of participation in particular Contests, which are expressly incorporated by reference. Users agree to be subject to them if they participate in such Contests. If a User does not wish to be bound by the Terms, the User must not download, access or use Service RustClash.com By declining to accept these Terms, the User will be unable to participate in RustClash.com, including participating on the activities offered through the Website.
RustClash.com reserves the right to change these Terms at any time without prior notice to Users. If We modify these Terms, we will update the “Date Last Modified” and such changes will be effective upon posting. If We make what we determine to be material changes to these Terms, we will notify Users by prominently posting a notice on the Website and/or App or by sending a notice to the e-mail addresses on file. Users continued use of RustClash.com following such changes constitutes acceptance of such changes. If Users do not agree to the changes, their sole remedy is to cease using RustClash.com. If Users breach any of the Terms, their authorization to use RustClash.com automatically terminates.
2. Age Restrictions
No individual under the age of eighteen (18), or under the age of majority in your jurisdiction, may use RustClash.com, regardless of any consent from a parent or guardian to use RustClash.com. You need a supported Web browser to access RustClash.com.
We offer our Services in the United States, with the exception of the states of Nevada and Washington state. You may not access our Website from Nevada and Washington. You are not eligible to participate in our Services or to win any prizes.
You are subject to the laws of the jurisdiction in which you reside and/or from which you access RustClash.com. Void where prohibited or restricted by law. To be eligible to enter any contest or receive any prize, you may be required to provide RustClash.com with additional documentation and/or information to verify your identity and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of a user, RustClash.com will, in its sole and absolute discretion, utilize certain information collected by RustClash.com to assist in verifying the identity and/or eligibility of such user.
RustClash.com makes no representations or warranties, implicit or explicit, as to your legal right to participate in the RustClash.com or that the contests provided through RustClash.com are appropriate or available for use in the jurisdiction in which you are located, nor shall any person affiliated, or claiming affiliation, with RustClash.com have authority to make any such representations or warranties. We do not intend for RustClash.com or any offerings made available thereon to be used by persons present in jurisdictions in which participation may be prohibited or restricted. You agree that the availability of RustClash.com does not constitute an offer, solicitation or invitation by us for the use of the RustClash.com in any jurisdiction in which such activities are prohibited or restricted. If you choose to access our Service, you do so at your own risk. You hereby agree that RustClash.com cannot be held liable if laws applicable to you restrict or prohibit your participation. If you open an Account and/or participate in contests made available by RustClash.com while located in a jurisdiction that prohibits such activities, you will be in violation of the law of such jurisdiction and these Terms, and subject to having Your Account suspended or terminated.
RustClash.com reserves the right to deny access to RustClash.com to anyone at our sole discretion
Only one (1) Account is allowed per person. In the event that RustClash.com determines that You have registered more than one (1) Account, then You acknowledge and agree that, in addition to any other rights that RustClash.com may have, RustClash.com has the right to suspend or terminate Your Account(s), refuse any and all current or future use of RustClash.com, and withhold or revoke the awarding of any prizes.
4. No Transfer
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third-party, including, without limitation, any person under the age of eighteen (18), to use or re-use Your Account in such a way that may breach the standards or laws in any jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of RustClash.com and for any use of Your Account by any other person or third-party in connection with Your Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit their Account. RustClash.com will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge, unless You have previously notified RustClash.com as provided herein that Your Identifiers are no longer secure and confidential. In the absence of prior notification to RustClash.com that Your Identifiers are no longer secure and confidential, you will be liable for losses incurred due to someone else using Your Account.
By adding funds to your wallet on the Website (“Wallet”), you accept that the credits received (indicated by a “$” sign) have no real money value and that the virtual products have no real money value. The sole purpose for buying virtual items is to play games on the Website. We do not issue refunds for virtual products once the order is confirmed and the product is sent. If you experience any issues receiving or downloading any products purchased on the Website, please contact us at [email protected].
The Website is not a banking institution. Replenishment of funds for your Wallet is carried out through a third-party payment system for receiving payments and is not managed by us. Your interaction with the third-party payment system is not governed by us and we do not address any claims that you may have with any third-party payment system.
Additional terms and conditions may apply to your purchases on the Website, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service. RustClash.com may make changes to the Website, Services and related, or to the applicable prices for any such products or services, at any time.
Please note: you are able to replenish your Wallet with certain free credits if you are a verified RustClash.com user. We offer free credits through claiming our Rain bonus, or claiming our free daily case.
You acknowledge and agree that RustClash.com may cease to support a given Web browser and that your continuous use of RustClash.com will require you to download a supported Web browser. You also acknowledge and agree that the performance of RustClash.com is incumbent on the performance of your computer equipment and your Internet connection. You are responsible for any fees, including but not limited to, Internet connection or data usage fees that You incur when accessing RustClash.com.
You agree to sign on and register for RustClash.com through your Steam account provided by Valve Corporation. You are solely responsible for managing your account and password and for keeping your password confidential. You are also solely responsible for restricting access to your account. If You believe your account password has become compromised, you must notify us immediately at [email protected].
You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons.
7. Contests and Features
We offer several contests and other features on the Website. You can participate for the chance to win prizes. Our contests are free to play. Our features may change from time to time, at our sole discretion. We reserve the right to modify or cancel contests at any time without notice to You. Contest rules and scoring may differ from contest to contest. Each of our contests are governed by specific rules, as may be modified from time to time, which are set forth in the official rules for each contest and are incorporated into these Terms by this reference.
You have the responsibility to review the rules prior to participating in any contest, and to review the rules for any changes. You agree to abide by the then-current rules for the contest(s) in which You participate. Your failure to follow the then-current rules for the contest(s) in which You participate will result in Your immediate and automatic forfeiture of the contest(s), and We reserve the right to immediately suspend or terminate Your access to RustClash.com.
Winners are determined by the applicable documentation associated with the contest. RustClash.com may not be used for any form of illicit gambling.
You may make monetary deposits on the site and receive credits to purchase lootboxes. You may also receive free credits by participating in our rain bonus or claiming our free daily case.
We also offer “Case Battles,” which involve between two and four players. All players purchase a loot box and open the boxes simultaneously. The player with the better item keeps that item and the other players’ prizes.
Upgrader is another game mode. A player selects an item they would like to “upgrade” to – which include any of the virtual items we offer. Players select the odds of winning the prize (which determines the cost). If a player wins, he or she can either choose to be credited for the value of the item or have the item sent directly to his or her Steam account.
Plinko – a plinko ball game where the balls fall and bounce through a board. Each ball can land on various multipliers.
Rain – We offer a rewards program called “rain.” A base of 25 credits plus a percentage of all spend on the site during the stated time period (30 minutes) is added to each rain. Each rain lasts for 30 minutes. At the end of this 30-minute period, any user who is over level 10 or has completed the KYC on site can join and receive aequal share of the total pot. Rain is a reward for players to collect while they are actively playing on the site as part of our free to play system. Abusing Rain contrary to its intended purpose, may result in the termination of your account at the sole discretion of the Clash team.
8. Results and Winners
The results and winners of each contest will be determined by Us at Our sole discretion and such determinations are final. We reserve the right to make adjustments based on errors or irregularities in Our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Any decision by RustClash.com as to the winner(s) of a contest shall stand as a final and binding decision. RustClash.com has no obligation to delay the awarding of a prize in anticipation of any adjustment, but We reserve the right to reverse prizes in the event of any adjustment. By registering an Account and/or participating in any contest, you unconditionally agree that RustClash.com shall serve as the sole judge and arbiter as to the determination of a winner(s) in all contests in the event a dispute arises and agree to cooperate with Our efforts to reverse prizing, as necessary.
We reserve the right, in our sole and absolute discretion, to deny any contestant the ability to participate in any contests for any reason whatsoever. Further, RustClash.com may, in its sole and absolute discretion, invalidate any contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of RustClash.com corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), RustClash.com reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Website.
The failure of RustClash.com to comply with any provision of these Terms due to an act of God, for example hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of RustClash.com (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
9. Contest Prizes; Affidavit of Eligibility and Taxes
Contest prizes may be offered in the form of various forms. See the official rules for each contest for complete prize details and restrictions.
No substitution or transfer of any prize is permitted except at RustClash.com's sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by RustClash.com. If any legal authority challenges the award and/or Your receipt of a prize for winning a contest, we reserve the right to revoke, cancel, suspend, substitute, or modify the award of such prize.
Any prizes that are mistakenly credited as winnings to Your User Account remain Our property and will automatically be deducted from Your User Account upon confirmation of the error. Any winnings mistakenly credited to Your User Account that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Us in the amount of such wrongfully attributed winnings.
Each Contest or promotion is governed by its own set of official rules. We encourage you to read such Contest and promotions Rules before participating.
10. Affidavit of Eligibility/Taxes
In order to receive a prize, Users may be required via e-mail or U.S. Mail to receive and return an executed affidavit of eligibility, a liability release and, where lawful, a publicity release (collectively, the “Affidavit”) and/or appropriate tax forms within seven (7) days of notification. By participating in the contest, you agree to receive via e-mail or U.S. Mail and return an executed Affidavit and/or appropriate tax forms, as applicable, and You agree that if such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if You are not in compliance with these Terms, the prize will be forfeited and may be awarded to another potential winner at Our discretion. You are responsible for any and all taxes applicable to your receipt and use of any prizes.
11. Prohibited Conduct
As a condition to your use of RustClash.com, you agree not to:
(a) falsify personal information required to open an account, enter a contest, or claim a prize;
(b) engage in any type of financial fraud including unauthorized use of credit instruments to enter a contest or claim a prize;
(c) collude with any individual in violation of these Terms;
(e) use a single account to participate in a contest on behalf of multiple entrants or otherwise collaborating with others to participate in any contest;
(f) impersonate or misrepresent your affiliation with any person or entity;
(g) access, tamper with, or use any non-public areas of RustClash.com or RustClash.com’s computer systems;
(h) attempt to probe, scan, or test the vulnerability of RustClash.com or any related system or network or breach any security or authentication measures used in connection with RustClash.com and such systems and networks;
(i) attempt to decipher, decompile, disassemble, reverse engineer or otherwise investigate any of the software or components used to provide RustClash.com;
(j) harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing RustClash.com;
(k) provide payment information belonging to a third party;
(l) use RustClash.com in an abusive way contrary to its intended use, to RustClash.com policies and instructions and to any applicable law;
(m) systematically retrieve data or other content from RustClash.com to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(n) infringe third party intellectual property rights when using or accessing RustClash.com, including but not limited to in making available virtual items by using RustClash.com; and (j) make use of, promote, link to or provide access to materials deemed by RustClash.com at its sole discretion to be offensive or cause harm to RustClash.com’s reputation, including, but not limited to, illegal content and pornographic content and content deemed offensive or injurious to RustClash.com (such as Warez sites, IRC bots and BitTorrent sites).
(o) the use of the RustClash.com onsite shop to trade skins for other skins without playing the games.
(p) tampering with the administration of a contest or trying in any way to tamper with the computer programs or any security measure associated with a contest.
(q) Prohibited conduct and abuse, includes; but is not limited to; the repeated farming of rewards contrary to their intended purposes. This includes but not limited to; the stacking of free rewards.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service.
All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service.
Upon termination, your right to use RustClash.com will immediately cease. RustClash.com also reserves the right to suspend or terminate Accounts that have been inactive for one hundred eighty (180) days or longer. In the event that a User’s Account is terminated or canceled, the User will have no further access to their Account or anything associated with it. Users can lose their username in RustClash.com as a result of Account termination or cancellation. If Your Account is suspended or terminated by Us for a violation of the Terms, we reserve the right to determine whether to funds to defray the costs of administration and enforcement of the Terms. If Your Account is subject to a suspension or termination, you must respect the restrictions and limitations imposed on Your Account as part of the suspension or termination.
If you wish to terminate your account, you may contact us at [email protected].
Monitoring and Copyright Complaints
You agree that RustClash.com has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any content anywhere on this Website. Notwithstanding this right, we do not and cannot review all content submitted to this Website. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms, and we will determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Website, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyrights of others or otherwise violate these Terms.
If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
• a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Website are covered by a single notification, a representative list of such works at this Website;
• 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;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
• 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 owner of an exclusive right that is allegedly infringed.
Please send the written communication to our copyright agent by email and regular to:
Mailing address: 651 North Broad Street, Middletown, DE 19709
Email address: [email protected]
E-mail Subject: “DMCA Request”
14. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by RustClash.com.
RustClash.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that RustClash.com 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 content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
The website is intended for adults ages 18 and over. users under 18 years old are prohibited from using the website for any purpose. By using this website, you represent that you are at least 18 years of age or of the age of majority in your state of residence.
No one under age 13 may provide any information to or post any information on the Website We do not knowingly collect personal information from children under 13. If you are under 13, do not (a) use or provide any information on the Website or on or through any of its features, (b) register on the Website, (c) make any purchases through the Website, (d) use any of the interactive or public comment features of the Website, or (5) provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
16. No warranties
This website is provided “as is” without any representations or warranties, express or implied. RustClash makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, RustClash does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
We are in NO WAY affiliated with or endorsed by the FacePunch, Rust, Steam or any other trademarks of the Valve corporation. All trademarks are the property of their respective owners.
18. RustClash.com Wallet
By topping up an amount to your RustClash.com wallet, you accept that the credits received (labeled by the $-sign) are not worth real money and not subject to any refunds.
19. Returns and Refunds Policy
We do not issue refunds for digital products once the order is confirmed and the product is sent. We recommend contacting us for assistance if you experience any issues receiving or downloading our products. You may reach us via [email protected].
20. UI / Interface Errors
Interface glitches/manipulation in no way entitles the user to a certain item. All outcomes are generated by our provably fair system and awarded as such. The user agrees that the outcome will be determined by the provably fair system outcome and any user interface errors do not entitle the user to that item.
21. Bots and Steam API
The trade offer request sent by our bots are subject to Steam Guard authentication and the buyer must have Steam Guard activated for at least 15 days on their smartphone so the trade is completed. Note that this is a Steam restriction. The skins won't expire but the user need to wait for that period to end.
22. Voice Over Internet Protocol (VOIP) Policy
All battles with VOIP are recorded by us. Recordings will never be listened to for moderation purposes. The only time recordings will be revisited is strictly for legal purposes and to enforce our rights under these Terms and Conditions. Recordings will not be shared with anyone outside of the RustClash.com team, with the exception of legal purposes, such as in response to a subpoena.
23. Governing Law; Disputes
All inquiries relating to the construction, validity, enforcement and interpretation of these Terms shall be governed by and construed and enforced in accordance with the laws of the State of Delaware.
24. Limited License
We grant all Users a limited, nonexclusive, nontransferable personal license to access and use only RustClash.com for private, non-commercial purposes on a single computer or mobile device. We also grant you a limited, nonexclusive, nontransferable personal license to access RustClash.com, as limited by your additional purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a single computer or mobile device. Your license to access RustClash.com is not a transfer of title. RustClash.com and its licensors and service providers reserve and shall retain their entire right, title and interest in and RustClash.com, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to users in this Agreement.
You will not copy or redistribute any materials from RustClash.com, and you will prevent others from unauthorized access, use of, or copying. Users acknowledge and agree that they may not:
o Copy RustClash.com, except as expressly permitted by this license;
o Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of RustClash.com;
o Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of RustClash.com or any part thereof;
o Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from RustClash.com, including any copy thereof;
o Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available RustClash.com or any features or functionality of RustClash.com, to any third-party for any reason, including by making RustClash.com available on a network where it is capable of being accessed by more than one device at any time;
o Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting RustClash.com; or
o Use RustClash.com in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling.
25. Other Intellectual Property Rights
Copyright Information and Personal & Non-Commercial Use Limitation
Content within RustClash.com, including, without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by RustClash.com and are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. RustClash.com does not claim ownership of intellectual property owned by third parties.
Except as expressly permitted by this Agreement, Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available through RustClash.com. In addition, Users must not:
• Modify copies of any materials available through RustClash.com;
• Reprint or electronically reproduce any content available through RustClash.com, in whole or in part;
• Provide copyrighted or other proprietary content to RustClash.com or make such content available through RustClash.com without permission from the owner of such material or rights;
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through RustClash.com; or
• Access or use for any commercial purposes any part of or materials available through RustClash.com.
Printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of RustClash.com in breach of this Agreement may result in the termination of a User’s Account, prohibition from using RustClash.com, and/or legal action. Content owners may take criminal or civil action against Users for unauthorized use of intellectual property. Users agree to indemnify and hold RustClash.com from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via RustClash.com.
RustClash.com owns has/may register trademarks for its many goods and services, including, without limitation, the associated graphics, logos and service marks and they may not be used without prior written consent of RustClash.com.
26. Rights of Publicity
By participating in RustClash.com, you agree to the use by RustClash.com of Your username, statements, biographical information, and city and state address for advertising and promotional purposes of RustClash.com, including, without limitation, the RustClash.com contests, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without compensation, review or approval rights, notification or permission, except where prohibited by law. RustClash.com reserves the right to make public statements about the entrants and winner(s), on the Internet, in promotional materials or otherwise, prior to, during, or following a Contest. You agree that We may announce any winner’s name on RustClash.com at any time in connection with the marketing and promotion of RustClash.com.
• Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to RustClash.com in connection with Your use of RustClash.com shall be the exclusive property of RustClash.com. You agree that unless otherwise prohibited by law RustClash.com may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
27. Conduct on Service
Users agree not to use RustClash.com for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:
• Engage in any illegal activity, including gambling, or the planning of any illegal activity;
• Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of RustClash.com its Users, or any third-party;
• Threaten, harass, abuse, or otherwise intimidate any User(s);
• Send or cause to be generated any unwanted e-mail to any User(s);
• Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with RustClash.com;
• Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in RustClash.com for any purpose;
• Using any artificial means to alter a User’s position in the Contests;
• Improperly using support or complaint features of RustClash.com or making false reports to RustClash.com ;
• Use RustClash.com for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;
• Seek to or in any way assist others in obtaining Account, password, or personal information from any User(s);
• Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
• Creating more than one (1) Account;
• Selling or transferring an Account or any attributes related thereto; or
• Engaging in any other activity deemed by RustClash.com to be in conflict with the spirit or intent of this Agreement.
• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any RustClash.com user;
• create or submit unwanted email (“Spam”) to any other RustClash.com users;
• submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
• post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• use any robot, spider, scraper, sniping software or other automated means to access RustClash.com for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
• use artificial means, including creating multiple user accounts, to inflate your position and standing with the RustClash.com community; use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;
• advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
• sell or otherwise transfer your profile; or
Any use of RustClash.com in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account suspension and/or termination, prohibition from using RustClash.com, and/or legal action. Users understand that any attempt to deliberately damage RustClash.com or undermine any Contest may also be a violation of criminal and/or civil laws and RustClash.com reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to [email protected].
28. Limitations on Warranty and Liability
• Disclaimer of Warranties
USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF RustClash.com IS AT THEIR SOLE RISK. USERS FURTHER ACKNOWLEDGE AND AGREE THAT RustClash.com IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER RustClash.com NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSEES, LICENSORS, CONTRACTORS, AGENTS, CONTENT PROVIDERS, VENDORS, COMPONENT SUPPLIERS (BOTH HARDWARE AND SOFTWARE), AND/OR ANY THIRD-PARTY WHO PROVIDES PRODUCTS OR SERVICES PURCHASED FROM OR DISTRIBUTED BY RustClash.com AS WELL THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, REPRESENTATIVES, EMPLOYEES, INVESTORS OR THE LIKE (COLLECTIVELY “PROVIDERS”), WARRANT THAT SERVICES AFFILIATED WITH RustClash.com, INCLUDING, BUT NOT LIMITED TO, THE WEBSITE, AND THE CONTESTS AND SERVICES OFFERED THEREON, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, KEYBOARD LOGGERS, SPYWARE, ADWARE, MALWARE, HARMFUL OR MALICIOUS CODE, OR OTHER DEFECTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RustClash.com DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. RustClash.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF RustClash.com, SECURITY OF RustClash.com, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH RustClash.com, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH RustClash.com.
NEITHER RustClash.com NOR ANY PROVIDER MAKES A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF RustClash.com OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH RustClash.com. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH RustClash.com MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER RustClash.com NOR ANY PROVIDER SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE RustClash.com (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF RustClash.com) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED RustClash.com REPRESENTATIVE.
• Limitations on Liability
Neither RustClash.com nor the providers guarantee the continuous, uninterrupted, or secure access to RustClash.com or any aspect thereof. the operation of RustClash.com may be interfered with by numerous factors outside the control of RustClash.com. you understand and agree that neither RustClash.com nor the providers shall be liable to users for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if RustClash.com or the providers had been advised of the possibility of such damages), resulting from: (i) the use or the inability to use RustClash.com; (ii) unauthorized access to or alteration of user transmissions or data; (iii) opinions, views, advice, statements, or user contributions posted on or through RustClash.com; or (iv) any other matter relating to RustClash.com. notwithstanding anything to the contrary contained herein and regardless of the form of the action, RustClash.com’s liability to users for any cause whatsoever will at all times be limited to the amount paid, if any, by such user to RustClash.com for use of RustClash.com during the term of their registration, not including any fees paid for services and/or products rendered prior to the circumstances giving rise to the claim.
in the event that a user resides in a jurisdiction that does not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental or consequential damages some of the limitations above may not apply to such user.
29. Service and Maintenance
RustClash.com conducts maintenance work on its systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of RustClash.com may not be available during maintenance periods. Users will generally be notified of maintenance periods in advance; however, Users hereby agree that RustClash.com may update RustClash.com with or without notifying Users. RustClash.com also reserves the right to modify or discontinue operation of any aspect of RustClash.com at any time, including, without limitation, the availability of the Website, or any features or content thereon, including without limitation the offering of the contests. RustClash.com may also impose limits on certain features and offerings or restrict access to parts or all of RustClash.com with or without notice to Users and without liability to Users or any third-party. All problems encountered during the use of RustClash.com, including those with regard to User Accounts, etc., can be reported to RustClash.com at [email protected].
In the event of any dispute arising between Rust Clash Entertainment and you, the parties will make best efforts to solve such dispute in good faith within a reasonable time. In case that you and RustClash.com will not reach an amicable solution within a reasonable period (of no less than 30 days as of the commencement of the amicable dispute resolution process), you or RustClash.com may seek legal resolution with the competent courts situated in Delaware, and such courts shall have sole and exclusive jurisdiction to resolve such dispute   .
Alternative Binding Arbitration and Class Action Waiver
Dispute Resolution; Arbitration and Governing Law
In case of any dispute arising between RustClash.com and you, the party raising the dispute shall issue a written notice to the other party. In case the notice is to be issued to you, sending the notice to the email address registered with RustClash.com shall constitute delivery. A notice to be issued to RustClash.com is to be served on officialrustclash.com.
On receipt of the said notice, the parties shall first try to resolve the dispute amicably through discussions. In the event that the parties are unable to resolve the dispute within thirty (30) days of receipt of the notice, the dispute shall be referred to and thereafter settled by arbitration as provided here.
If the dispute cannot be resolved amicably, you agree to finally settle all disputes only through arbitration; provided, however, that RustClash.com shall be entitled to seek injunctive or equitable relief in the state and federal courts in Middletown, Delaware and any other court with jurisdiction over the parties. The pursuit of such equitable or injunctive relief shall not constitute a waiver on the part of RustClash.com to pursue any remedy for monetary damages.
With respect to any dispute arising out of or related to these terms, including without limitation disputes related to RustClash.com: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants in any lawsuit, including but not limited to class action lawsuits involving any such dispute.
In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to RustClash.com, or these terms, shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Middletown, Delaware. The federal or state law that applies to these Terms of Service Delaware will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. RustClash.com agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
The Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration and judgment upon such arbitration award may be entered in any court having jurisdiction. All participants agree to abide by the terms of these Terms of Service. Each party agrees to service of process by mail or other method acceptable under the laws of the State of New York. You hereby waive any rights or claims to attorney's fees, indirect, special, punitive, incidental or consequential damages, whether foreseeable or not and whether based on negligence or otherwise. In no event will RustClash.com be liable to any person or entity for any direct, special incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with any person or entity’s use or inability to use RustClash.com whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not RustClash.com has been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
31. General Provisions
• Relationship of Parties/No Third-party Beneficiaries
Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and RustClash.com as a result of this Agreement or their use of RustClash.com. Users agree not to hold themselves out as representatives, agents, operators, distributors, or employees of RustClash.com and RustClash.com shall not be liable for any of their representations, acts, or omissions. Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Users agree that they shall not circumvent or attempt to circumvent these Terms or RustClash.com or otherwise interrupt or attempt to interrupt the operations of RustClash.com (collectively, a “Circumvention Act”). If RustClash.com determines, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to RustClash.com, then, in such an event, RustClash.com reserves the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.
Users further agree to indemnify, save, and hold harmless RustClash.com and the Providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of RustClash.com, any violation by Users of this Agreement, or any breach of the representations, warranties, and covenants made by Users herein. RustClash.com reserves the right, at the Users’ expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnify RustClash.com, and Users agree to cooperate with RustClash.com’s defense of these claims. RustClash.com will use reasonable efforts to notify Users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their RustClash.com Account or of RustClash.com.
• Force Majeure
RustClash.com shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
No failure or forbearance on RustClash.com’s part to exercise its rights or insist upon performance of obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. RustClash.com may be contacted by email at [email protected].
• Entire Agreement
• Supplemental Policies
RustClash.com may publish additional policies related to specific services such as contests, tournaments, or promotions. Your right to use such services is subject to those specific policies and these Terms.