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RustyCruise Labs

Terms of Service

Last Updated: August 10th, 2024

The terms of this agreement (“Terms”, “Terms of Service”, “Terms and Conditions”) governs the relationship between you and RustyCruise Labs Pte. Ltd. (hereinafter “RustyCruise” or “RustyCruise Labs” or “Us” or “We” or “Our”) regarding your use of RustyCruise Labs’s sites, softwares, games, applications, content, products, and related services (the “Service”). Use of the Service is also governed by our Privacy Policy.

PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE RUSTYCRUISE LABS SERVICES. THESE TERMS GOVERN YOUR USE OF THE RUSTYCRUISE LABS SERVICES IN GENERAL. BY USING THE RUSTYCRUISE LABS SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.

ANY DISPUTES BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT OR RELATING TO THE OWNERSHIP OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION (SECTION 8. BELOW) AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICE. PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS RUSTYCRUISE LABS SERVICES.

For the purposes of this Terms of Service:

  • Account means a unique account created for you to access our Service or parts of our Service.
  • Service refers to the Application, or the Website, or the Software, or the Game or all.
  • Website/Site refers to RustyCruiseLabs.com, accessible from http://rustycruiselabs.com
  • you/your means the individual accessing or using our Service, or the company, or other legal entity on behalf of which such individual is accessing or using our Service, as applicable.
  • Application Store refers to any digital distribution service operated and developed by third-party entities, including but not limited to Apple Inc. (Apple App Store), Google Inc. (Google Play Store), Itch.io, Valve Corporation (Steam), and Nintendo Co., Ltd. (Nintendo eShop for Switch), through which the Application has been downloaded or purchased.

All services, software, games, graphics, and any other content provided by RustyCruise Labs (collectively, the “Intellectual Property”) are owned by RustyCruise Labs or its licensors. This includes, but is not limited to, all software, graphics, text, and other materials used in connection with the Service. you acknowledge that RustyCruise Labs retains all rights, title, and interest in and to the Intellectual Property.

When you create an account with us, you affirm that you are at least 18 years old or have the consent of a legal guardian, and all information you provide is accurate, complete, and current. Inaccurate or outdated information may lead to immediate suspension or termination of your account.

you are responsible for choosing and maintaining the confidentiality of your password and any other credentials used to access your account (“Login Information”). Do not share your Login Information with anyone, and ensure that only you have access to your account. If you suspect any security breach, including loss, theft, or unauthorized disclosure of your Login Information, you must notify us immediately and update your credentials.

you are liable for all activities under your account, including unauthorized transactions or use, regardless of whether you authorized them. Notify us immediately of any security issues.

you may not use a username that:

  • Belongs to another person or entity.
  • Infringes on any trademark or intellectual property rights.
  • Is offensive, vulgar, or otherwise inappropriate.

We reserve the right to change or remove any usernames and to refuse service, terminate accounts, or cancel orders at our discretion.

If you wish to purchase any product or service made available through our Service (“Purchase”), you may be asked to provide certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By making a Purchase, you represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with the Purchase, and that the information you provide is true, correct, and complete.

Certain products or services available for purchase may have age restrictions. you represent and warrant that you are at least the minimum age indicated for the purchase of such products or services.

We reserve the right to refuse or cancel any order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, or errors in your order. We may also refuse or cancel your order if we suspect fraud or an unauthorized or illegal transaction.

For in-app purchases, subscriptions, or other recurring charges, specific terms of these transactions will be provided at the time of purchase. Please review these terms carefully before completing any transaction.

Our Service may use third-party services to facilitate payment and complete Purchases. By submitting your information, you grant us the right to provide your information to these third parties, as detailed in our Privacy Policy.

Through the Service, you may make purchases using real-world money for a limited, personal, non-transferable, non-sublicensable, and revocable right to use virtual currency, virtual in-game items, content, features, and other goods or services. you are only allowed to purchase these Virtual Items from us or our authorized partners through the Service. All other means of acquiring Virtual Items are prohibited.

you expressly agree that we will begin performance of the purchase agreement for Virtual Items or other digital content before the expiration of any statutory withdrawal period defined by applicable laws. you give explicit prior consent that the content you have purchased will be delivered to you before the withdrawal period ends, and you thereby lose the statutory right of withdrawal.

We may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. To the fullest extent under applicable law, we shall have no liability to you or any third party in the event that we exercise any such rights. The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized, you shall not sell, purchase, redeem, or otherwise transfer Virtual Items to any person or entity.

All purchases and redemptions of Virtual Items made through the Service are final and non-refundable, except where required under applicable law.

you agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. We may revise the pricing for Virtual Items offered through the Service at any time. you acknowledge that we are not required to provide a refund for any reason, and that no money or compensation will be provided for unused Virtual Items when an Account is closed, whether such closure was voluntary or involuntary.

Our Service may include advertisements served by us or third-party ad networks. These ads may be tailored based on your interactions with our Service and other data. We may use third-party services to serve and manage ads. These third parties may collect data about you to deliver targeted ads, and their use of your data is subject to their own privacy policies.

We do not control the content of ads displayed on the Service, and your interactions with ads are governed by the terms and privacy policies of the ad providers.

your access to and use of our Service is subject to the following limitations, and any violation of these limitations is strictly prohibited. Such violations may result in the immediate revocation of your limited rights and may subject you to liability for violations of law.

you agree that you will not, under any circumstances:

  • Conflict with Service Intent: Engage in any act that we deems to be in conflict with the spirit or intent of our Service or make improper use of our support services.
  • Unauthorized Software: Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with our Service or game or experience.
  • Modification of Files and Derivative Works: Modify or cause to be modified any files that are part of our Service or any game without our express written consent, or modify, alter, or create derivative works based on our Service.
  • Disruptive Behavior: Disrupt, interfere with, or otherwise adversely affect the normal flow of our Service, or otherwise act in a manner that may negatively impact other users’ experience. This includes manipulation of rankings, exploiting errors to gain an unfair advantage, and any other acts that intentionally abuse or contradict our Service’s design.
  • Server Disruption: Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support our Service or game environment.
  • Attacks and Security Breaches: Institute, assist, or become involved in any type of attack, including but not limited to, distribution of a virus, denial of service attacks, or other attempts to disrupt our Service or others’ enjoyment of our Service.
  • Unauthorized Access: Attempt to gain unauthorized access to our Service, accounts registered or used by others, or to computers, servers, or networks connected to our Service by means other than the user interface provided by us, including circumventing or modifying security measures.
  • Inappropriate Content: Post or make available any information that is abusive, threatening, obscene, defamatory, libelous, or otherwise objectionable or offensive. This includes content with nudity, excessive violence, or offensive subject matter.
  • Harassment and Abuse: Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or our employees.
  • Intellectual Property Infringement: Make available any material that infringes upon any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other rights of any person or entity, or impersonates any person, including our employees.
  • Reverse Engineering: Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or intellectual property used to provide our Service, except as permitted by applicable law.
  • Commercial Exploitation: Resell, commercially exploit, or distribute our Service for commercial purposes without authorization.
  • Distribution and Display: Distribute, publicly perform, or publicly display our Service or games without authorization.
  • Solicitation of Personal Information: Solicit or attempt to solicit login credentials or personal information from other users of our Service.
  • Collection of Private Information: Collect or post private information, including personally identifiable information, identification documents, or financial information.
  • Gambling and Betting: Use any of our games for gambling, betting, or any similar activity in which prizes or rewards can be won, including betting on the outcome of matches in which you participate.
  • Legal Compliance: Use the Service in any way that violates any export controls, anti-money laundering rules, economic sanctions, or similar laws or regulations.

RustyCruise Labs reserves the right to determine what conduct constitutes a violation of these use limitations or is otherwise outside the intent or spirit of these Terms of Service or our Service. RustyCruise Labs may take appropriate action, including terminating your Account and prohibiting you from using our Service in whole or in part.

We may terminate or suspend your access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including but not limited to your breach of these Terms and Conditions.

Upon termination, your right to use our Service will cease immediately. If you wish to terminate your account, you may simply discontinue using our Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the RustyCruise Labs.

RustyCruise Labs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

you further acknowledge and agree that RustyCruise Labs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such 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.

Your use of our Service is at your sole risk. Our Service, including all content, features, and products available through our Service, is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties of any kind, express or implied, regarding our Service or the content available through it. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties arising from the course of performance or dealing.

We do not guarantee that our Service will be uninterrupted, secure, or available at any particular time or location. We also do not warrant that any errors or defects will be corrected, that our Service is free of viruses or other harmful components, or that the results of using our Service will meet your expectations or requirements.

To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to our Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We also disclaim any warranties that may arise from course of dealing, course of performance, usage, or trade practice.

We do not make any representations or warranties regarding: (i) the operation or availability of our Service; (ii) the accuracy, reliability, or currency of any information or content provided through our Service; (iii) the uninterrupted or error-free nature of our Service; or (iv) the absence of viruses, scripts, trojan horses, worms, malware, or other harmful components in our Service, its servers, or communications sent from or on behalf of us.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

In no event shall RustyCruise Labs, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses. This applies to:

  • Your access to or use of, or inability to access or use, the Service;
  • Any conduct or content of any third party on the Service;
  • Any content obtained from the Service;
  • Unauthorized access, use, or alteration of your transmissions or content.

This limitation applies whether based on warranty, contract, tort (including negligence), or any other legal theory, even if RustyCruise Labs has been advised of the possibility of such damages and even if a remedy fails its essential purpose. Some jurisdictions may not allow the exclusion of certain types of damages, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless RustyCruise Labs, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your infringement of any third-party rights, including intellectual property rights.

If you have any concerns or disputes regarding the Service, you agree to first attempt to resolve the issue informally by contacting RustyCruise Labs. We encourage you to reach out to us directly to discuss and resolve any issues before pursuing formal dispute resolution methods.

If the dispute cannot be resolved informally, you agree to participate in mediation or other alternative dispute resolution procedures as a prerequisite to initiating any formal legal action. This may include, but is not limited to, arbitration or mediation, as specified in the Terms of Service.

Any formal disputes must be brought in accordance with the applicable laws and regulations governing the Service, and any legal proceedings must be conducted in the jurisdiction specified in the Terms of Service.

These Terms and Conditions, and all subsequent variations, shall be subject to, governed by, and interpreted in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions. Any action brought by you arising from your use of the Service shall be exclusively domiciled in Singapore and resolved through binding arbitration in accordance with the rules of the Singapore International Arbitration Centre (SIAC).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements between us regarding the Service.

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

You represent and warrant that (i) you are not located in a country that is subject to a Singapore government embargo or that has been designated by the Singapore government as a “terrorist-supporting” country, and (ii) you are not listed on any Singapore government list of prohibited or restricted parties.

If any provision of these Terms and Conditions is or becomes illegal, invalid, or unenforceable in any respect, the legality, validity, or enforceability of the remaining provisions shall not be affected or impaired.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Service.

If you have any questions about these Terms, you can contact us: