User Agreement
Basic terms and definitions
Owner of the Portal – company RUSTY GAMES, registered at:505 MARQUETTE AVE NW, ALBUQUERQUE, NEW MEXICO, USA, website: https://rustygames.net;
Administration – group of persons, authorized by the Owner to manage the Portal;
Portal – website, located within the domain https://rustygames.net, which includes Games, Users, Administration, forum, audio, video, text and other materials;
Game – program, which is a set of options and services, designed for personal use solely in non-commercial entertaining purposes;
Registration – registering of User’s account in game portal https://rustygames.net;
Website – web resources, located on the Internet within the domain https://rustygames.net and its subdomains;
User – any person, eligible to enter into the present Agreement and accept the terms of the present Agreement;
Services – set of options, provided through access to the multiuser Games via the Internet;
Additional services – options, provided on a monetary basis through access to the premium functions of the Games;
Simplified registration – process of registering an account via advertising materials that does not require providing e-mail address.
General terms and conditions
The present User agreement (hereinafter referred to as the Agreement) regulates relationships between the Administration of the Portal (hereinafter referred to as the Administration) and User of the Portal (hereinafter referred to as the User).
The subject of the present Agreement does not include relations, arising out of provision of Internet access to the User, as well as use of the third parties’ software (ex. Browsers) by the User.
To avoid any ambiguity, when referencing the Portal in the text of the Agreement, the term Portal shall include all its components, specified in Section 1.
A person of any age may use the resources of the Portal. Nevertheless, any liability for the conduct of Users on the Portal who have not attained the age of 18 shall be borne by legal representatives of such persons.
By registering on the Portal, a User automatically accepts the terms of the present User Agreement and obliges to comply strictly with its terms, as well as confirms that he/she is capable to enter into and abide by this Agreement. If the Administration reveals the breach of the Agreement, it is entitled to deny further provision of services and delete all materials of the User from the Portal or deny any access to the Portal.
The provision of additional services on a monetary basis shall be available on the Portal. The form, terms and procedure of the provision of such services shall be regulated by Section 7 of the present Agreement.
In order to register on the Portal, the User shall send an application for registration in electronic form. The application is considered sent from the moment of successful completion of registration. The Administration shall notify the User of either the conclusion or non-conclusion of the present Agreement after reviewing the application. The Agreement shall be deemed to be concluded from the moment of receipt of confirmation of registration or from the moment of completing of Simplified registration.
Registration shall mean an unconditional User’s consent to get newsletters. The User has the right to opt out of receiving newsletters.
The Administration has the right to make any changes to the present Agreement with notification of Users by way of placement of the relevant information on the Portal.
Description of services
In accordance with the present Agreement the Administration shall provide Users with the following Services:
Grant of access to information, intellectual property and other video and audio materials on the Portal;
Grant of access to the functions of information exchange between users (forums, chats, personal messages etc.);
Maintenance and support of gameplay.
The use of resources of the Portal is allowed only via internet-browser or specific assistive devices, provided or approved by the Administration of the Portal (use of unauthorized protocols is forbidden). Use of software for the purpose of automatic administration of games or other game functions (bots, macros) is forbidden.
Administration provides around the clock 24-hour access to the Games and its services, except for the period of maintenance work on the servers and websites, as well as other circumstances that result in inability to use the Portal, Games and Services in general. Such circumstances include, among others, absence of Internet connection, failure to follow recommendations on the use of browsers and their set-up. The Administration shall in a timely manner inform of the scheduled maintenance no later than 30 minutes before the start of work.
Rights and obligations of the Administration
The Administration is obliged not to disclose information provided by the User upon Registration to third parties except in the cases listed in 4.2.
For the purpose of statistical data collection, the Administration has the right to track and keep information about IP-addresses of Users’ accesses to the Portal or its resources/services as well as to use cookies of the Users’ PC. If there are elements of crime in a User’s actions, the Administration may transfer available data about the User to the law enforcement authorities. The Administration may also transfer available data about the User to the law enforcement authorities upon request of the latter in cases and manner stipulated by the law.
The Administration shall provide services of adequate quality, except for cases listed in Section 8 hereunder.
The Administration reserves the right to undertake any necessary actions that are compliant with current legislation to restrict or terminate access to resources of the Portal to persons violating the terms of the present Agreement.
The Administration has the right to manage gameplay at its sole discretion, including among other things to delete and/or change any data, information, intellectual property, placed (by the User) on the Portal. The Administration shall not be held liable for storage and integrity of such materials.
The Administration may block a User’s account in a unilateral manner without explanation in cases of violation of the present Agreement or regulations of any of the Games on the Portal.
Rights and Obligations of the User
The User has the right to use the services of the Portal in personal, non-commercial purposes free of charge, except for use of Additional services, participate in gameplay, receive games-related services from the Administration, use resources and functions of the game.
The User has the right to publish information and share it with other Users of the Portal through forums and chats.
The User has the right to participate in contests, quizzes, promotion actions conducted by the Administration in the manner prescribed by the terms of the competitions, quizzes, promotion actions.
The User has the right to address questions/requests related to the conclusion and execution of this Agreement to the Administration.
The User agrees to comply with this Agreement and the rules of the particular games, which he/she plays or is going to play in, as well as to timely read the new version of the Agreement and to fulfill other requirements of the Administration regarding the participation of the User in gameplay.
The User agrees not to disclose or transfer to third parties its identification data that can authorize a User in any part of the Portal.
The User agrees to respect the intellectual property rights referred to in Section 6 of the present Agreement. The User also guarantees that he will not infringe on the rights of third parties, including intellectual property rights, while using the Services.
In case of disagreement with the terms of the present Agreement, the User is obliged to delete all and any of the game data from his/her computer and stop using the Portal. In the case of a disagreement with the rules of a particular game, the User is obliged to delete the data of said Game, however the present User Agreement shall remain in force.
The User may create multiple accounts on the Portal. However, in certain games the User may use only one account (the ban on use of multi accounts). Further details are available in the rules of the relevant game. For violation of this paragraph, the Administration has the right to block access to all of the User’s accounts.
The User is obliged to ensure data security of his/her account and not to provide such data to third parties.
In the case of questions and problems related to the Games and/or Portal, including technical issues, the User can contact the Technical Support Service of the Portal. The Technical Support Service shall reply to the User’s request within 10 days from the date of receipt of the request and providing complete and accurate registration information. The period may be extended depending on the nature of the question as to be stated in a separate message.
The User ensures the Administration that he/she has the right to use chosen means to pay for services, without violating the applicable law and/or legislation of his/her country of residence. The Administration is not responsible for any damage to third parties and/or other users caused by payment by chosen payment method.
User may not:
use the Portal in any way that can interfere with the normal functioning of the Portal;
use third-party software to automate or modify gameplay, as well as software vulnerability to obtain unfair competitive advantage. The User shall immediately report to the Administration about the facts of the use of such software or bugs by other users;
use automated programs to collect information or interact with the objects of the Portal;
use contact information for the purpose of sending unsolicited information;
place on the Portal objects of exclusive rights without the consent of their respective owners;
post on the Portal personal information of third parties without their consent, including home addresses, phone numbers, passport information;
place on the Portal any advertising, commercial offers, information and propaganda and any other intrusive information, except in cases where placement of such information is agreed upon with the Administration;
place on the Portal materials insulting or degrading the honor and dignity of other Users or third parties, or links to such materials;
post on the Portal obscene or abusive words or phrases, including their use in the Usernames of the User;
place on the Portal malware or links that contain or may contain malware;
place on the Portal pornographic materials or links to them;
post on the Portal threats, incitement to violence and illegal activities;
post on the Portal materials with elements of violence, cruelty, racial, ethnic or religious hatred, as well as links to such material;
promote and demonstrate on the Portal Nazi attributes or symbols;
promote criminal activity, place guidelines for the commission of unlawful acts;
place on the Portal any other information which, in the opinion of the Administration, is undesirable, violates the norms of morality and ethics, violates applicable law;
modify or create any derivative works based on the Game or any of its elements (including audio-visual elements), including translation or localization of such elements;
copy the elements of the Games;
dismember Games and/or their elements into its component parts;
decompile, disassemble, or in any other way attempt to derive the source code of software, which is part of the Games;
create additional elements of the Game, specified of not by its object code and/or script;
transfer the rights and/or obligations under this Agreement, including transfer to third parties the right (opportunity) to use the User’s account.
Intellectual Property Rights
All intellectual property rights to the Portal as a whole and in its separate parts belong to their respective owners or the Administration, if not stated otherwise. The Administration prohibits unauthorized use of the Portal or its parts in whole or in part.
All legally placed trademarks and other means of identification (including trade names, logos) belong to their respective owners. All other rights, not expressly stated as belonging to third parties, belong to the Administration.
The User agrees that any information legally placed on the Portal belongs to the Administration regardless of who posted it. The User acknowledges that any use of such information is possible only with the written consent of the Administration in the manner prescribed by the Administration, unless otherwise provided by an applicable law.
In order to protect intellectual property (against hacker attacks and break-ins, etc.) the Administration has the right to use technical means and methods of protection.
Payment for additional services and refund
Usually the Portal provides users with the ability to use the Games from the moment of creation of an account. In such cases, the user is provided first with access only to the basic version. Creating an account and use of the basic version is free of charge. The basic version (operates for an indefinite period taking into consideration Rusty Games rights to publish and change Games) and can be used in full. However, in the basic version of the Game the User does not have access to all features.
The User can get access to the Additional services (premium features), not covered by the basic version of the game, for a certain payment. For different games, the User can be offered a variety of premium features. Rates for premium features are presented in the particular game.
Games are constantly being improved, so the Portal reserves the right to offer new premium features at any time. In the process of development and improvement of the Games, the Portal also reserves the right to stop further provision of certain Premium Features and/or to offer them in the basic version. The Administration shall inform on such changes in advance by posting news on the Portal.
The use of Additional services shall be available on a prepayment basis only, except for temporary premium features demos. Payment shall be made by writing off from the account specified by the User or by credit card, unless the user has chosen a different method of payment (for example, payment by SMS, and other methods available in the Portal).
All funds paid by the User to access any premium features will not be refunded, except for the cases specified in provisions of paragraphs 7.6 and 7.7 listed below.
If the User thinks that some premium feature purchased by the User is not functioning properly, the User may submit an application to the Support Service of the Portal and get a refund if the Administration confirms the malfunction of such premium features. In terms of the present paragraph, funds may be refunded to either the game account of the Portal or the account from which the user paid for the Services. The administration initiates a refund no later than within 5 working days, the period of refund processing depends on the particular bank. The User may request confirmation of the refund.
At the time of scheduled maintenance work on the servers of the Games and/or Portal, of which the User has been informed in advance, the compensation for the use of the premium features shall not be provided. In the event of unscheduled maintenance work on the servers of the Games and/or Portal or in the case of long-term (more than 6 hours) inoperability due to а hacker attack, the User may be granted a compensation, but the Administration reserves the right to award compensation at its own discretion. The User agrees that the compensation can be paid in the form of money paid by the User for a premium feature, Portal in-game currency or in the form of basic and in-game premium items – at the discretion of the Administration.
Administration has the right at any time to reduce or raise the price of the premium features in the Games temporarily or indefinitely, as well as to offer new products, services or payment terms for a long or limited period.
The User is obliged to immediately inform the Administration about cases of incorrect enrollment of game currency. The Administration has the right in its sole discretion with prior notice to the User to withdraw in-game currency, accrued in result of incorrect enrollment by payment system, in-game errors, software failure in the game and in other cases of incorrect enrollment of in-game funds on accounts of Users and game items purchased through erroneously credited game currency.
In the case of the deliberate creation of conditions for incorrect crediting of funds to in-game user account (including the creation or use of third-party software, bugs games, malfunction) the Administration has the right to restrict access of the User to the additional services as well as to the basic version of the Game. All premium features received in a similar manner shall be seized without any compensation.
Purchase of additional services shall not exempt the User from compliance with the terms of this User Agreement and shall not give the User any other benefits.
Limitation of liability
The User is personally responsible for any material or other information, which he/she posts on the Portal or otherwise communicates to other users or communicates to the public.
The User is responsible before the Administration and third parties for failure to comply with the terms of this Agreement.
The User shall indemnify the Administration and third parties for any losses incurred in connection with his/her actions, including, inter alia, breach of the present Agreement, infringement of the copyright or any other intellectual property rights.
The Administration is not responsible for the quality and speed of user access to the Internet. For all technical issues related to the provision of communications services, the User should contact his/her communication service provider.
The Administration is not responsible for any conduct of Users or third parties, including, in particular, theft or destruction or unauthorized access to the Users’ data/materials.
The Administration and owner, as well as their representatives under no circumstances shall be held liable to the User or other third parties for any indirect, incidental, unintentional damage, including, in particular, lost data, damage to honor, dignity or business reputation, loss of profit, caused by the use of the resources of the Portal, its components and materials, the access to which was obtained through Portal resources, even if the Administration has not notified on the possibility of such damages.
The Administration is released from liability for complete or partial failure to fulfill obligations under this Agreement if such failure is the result of force majeure, i.e. extraordinary and unavoidable circumstances, including riots, prohibitive actions of the authorities, natural disasters, fires, accidents and also due to failures in the telecommunications and energy networks, actions of malicious programs, as well as the malicious actions of third parties aimed at unauthorized access or disabling the software or hardware system.
The Administration does not guarantee that the Games will satisfy user requirements and the quality of information, data, graphics and other materials posted on the Portal will meet the expectations of the User.
No information and data posted on the Portal by third parties can be regarded as a reliable and/or official source of information.
The User or his/her legal representative agrees to independently monitor health conditions and not to use the Services/limit their use if there are any contraindications.
Miscellaneous
All Annexes, modifications and/or Additional Agreements to this Agreement are an integral part of the Agreement.
This Agreement shall be governed by the law of the Special Administrative Region of Hong Kong and/or applicable international treaties and agreements (conflict-of-law rules do not apply). All disputes arising under this Agreement shall be submitted to the court at the location of the Administration.
Omission of the Administration in the case of violation of the provisions of this User Agreement and its Annexes shall not deprive the Administration of the right to take relevant to protect its rights later and shall not mean the waiver of rights in relation to future similar violations.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
Under no circumstances shall the responsibility of the Administration in accordance with current legislation exceed the sum paid for improperly rendered (not provided) Additional Services.
The Administration may unilaterally without a court decision refuse to perform this Agreement, in whole or in part, including by limiting and/or refusal to provide Services. The Administration shall post notification of such refusal on the Portal 3 calendar days before the date of its entry into force, unless otherwise provided in this Agreement. The User undertakes to examine all notifications at least 1 time in 10 days.
This Agreement comes into effect from the date of its acceptance by the User by any means specified in this Agreement, and shall be valid for the entire period of use of Portal resources. In the case of the User’s confirmation of termination by giving notice to the technical service of the Portal, the Administration shall prevent the User from accessing the Portal.