TERMS OF SERVICE
Last updated Juli 20, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Rustalytics (" Company," " we," " us," " our") .
We operate the website
https://rustalytics.com
(the " Site"), the desktop application Rustalytics (the " App"), as well
as any other related products and services that refer or link to these legal
terms (the " Legal Terms") such as the Discord Bot (collectively, the " Services").
We provide a desktop app which gives you easier access to information in
the game Rust such as vending machine orders. The app also provides chat
messages for events such as a teammate dying in the game. Note that this
is not against the terms from Facepunch. although it is up to the user
to read and follow specific server rules and Rustalytics does not take
any responsibility for game bans or server bans as our app alone does
not break any rules provided by the game developer(Facepunch)
We also operate a Discord Bot/Application that integrates data from the
game to your discord servers and direct messages.
You can contact us by email at contact@rustalytics.com.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ( " you"), and
Rustalytics, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH
ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING
THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Legal Terms from time to time . We will alert you about any changes by updating the "Last
updated" date of these Legal Terms, and you waive any right to
receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any
revised Legal Terms by your continued use of the Services after the
date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS"
for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "
PROHIBITED ACTIVITIES
" section below, we grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express
prior written permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms, please
address your request to: contact@rustalytics.com. If we ever grant you
the permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your submissions
Please review this section and the " PROHIBITED ACTIVITIES
" section carefully prior to using our Services to understand the
(a) rights you give us and (b) obligations you have when you post or
upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be entitled
to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services you:
- confirm that you have read and agree with our " PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions ; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree
to reimburse us for any and all losses that we may suffer because of
your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: ( 1 ) all
registration information you submit will be true, accurate, current, and
complete; ( 2 ) you will maintain the accuracy of such information and
promptly update such registration information as necessary; ( 3 )
you have the legal capacity and you agree to comply with these Legal
Terms; ( 4 ) you are not a minor in the jurisdiction in which you
reside ; (
5 ) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; ( 6 ) you will not
use the Services for any illegal or unauthorized purpose; and ( 7 ) your
use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Services (or any portion thereof).
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- PayPal
- Klarna
- China UnionPay
- Link
- Google Pay
To be compliant with Discord's terms of service, we also accept payments
though their platform if required by them(Discord).
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
6. CANCELLATION
You can cancel your subscription at any time by contacting us using the
contact information provided below. Your cancellation will take effect at the end of the current paid term.
Refunds of the one-time payment of the Rustalytics Desktop App will be taken
care of differently in every case and is up to the owner of Rustalytics to
determine if you are eligeble or not
If you are unsatisfied with our Services, please email us at
contact@rustalytics.com.
7. SOFTWARE
We may include software for use in connection with our Services. If such
software is accompanied by an end user license agreement ("EULA"), the terms
of the EULA will govern your use of the software. If such software is not
accompanied by a EULA, then we grant to you a non-exclusive, revocable,
personal, and non-transferable license to use such software solely in
connection with our services and in accordance with these Legal Terms. Any
software and any related documentation is provided "AS IS" without warranty
of any kind, either express or implied, including, without limitation, the
implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. You accept any and all risk arising out of use or
performance of any software. You may not reproduce or redistribute any
software except in accordance with the EULA or these Legal Terms.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that
for which we make the Services available. The Services may not be used
in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ( "gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses .
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
- Reverse engineer the product
- Chargeback meaning that you from your payment method cancel the payment of charge back the payment after downloading the product
9. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you
agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
As part of the functionality of the Services, you may link your account
with online accounts you have with third-party service providers (each
such account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2)
allowing us to access your Third-Party Account, as is permitted under
the applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us and/or grant
us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making
us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided
to and stored in your Third-Party Account (the "Social Network Content")
so that it is available on and through the Services via your account,
including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the Third-Party
Account. Depending on the Third-Party Accounts you choose and subject to
the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Services.
Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no
longer be available on and through the Services. You will have the
ability to disable the connection between your account on the Services
and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate the connection
between the Services and your Third-Party Account by contacting us using
the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our
servers that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to
other websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Services and access the Third-Party Websites
or to use or install any Third-Party Content, you do so at your own risk,
and you should be aware these Legal Terms no longer govern. You should
review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services
or relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever
in relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us blameless from any losses
sustained by you or harm caused to you relating to or resulting in any way
from any Third-Party Content or any contact with Third-Party Websites.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
rustalytics.com/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in Sweden. If you access the Services from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in Sweden , then through your continued use
of the Services, you are transferring your data to Sweden , and you expressly
consent to have your data transferred to and processed in Sweden .
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use
the Services during any downtime or discontinuance of the Services. Nothing
in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in
connection therewith.
18. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of
Sweden, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law in your
country to residence. Rustalytics and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of Sweden, which means that you may
make a claim to defend your consumer protection rights in regards to these
Legal Terms in Sweden, or in the EU country in which you reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of Arbitration having its seat
in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Västerås, Sweden . The language of the proceedings shall be Swedish. Applicable rules of
substantive law shall be the law of Sweden.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision
is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT
OR THE CONTENT OF ANY WEBSITES OR DESKTOP APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR DESKTOP APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: ( 1) use of the Services; ( 2) breach of these Legal Terms; ( 3) any
breach of your representations and warranties set forth in these
Legal Terms; ( 4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or ( 5)
any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the foregoing,
we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms and does not affect
the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Legal Terms and the lack of signing by
the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
Rustalytics
Sweden
contact@rustalytics.com