Double11
Term of Use
“Rust” on PlayStation 4 and Xbox One
Last updated: February 2020
Introduction
These are the terms and conditions (the “T&Cs”) Double Eleven Ltd (“we’”, “us”, “our”, “Double11”) govern the use of the video game “Rust” made available for Playstation 4 and Xbox One (the “Game”). We’ve tried to keep our T&Cs as short as possible, to help you understand how you can use the Game.
If you don’t want to or cannot agree to these T&Cs, then you must not buy, download, install, use, play or otherwise access the Game. By buying, downloading, installing, updating, using, playing or otherwise accessing the Game, or by clicking ‘accept’, ‘start’ or similar to these T&Cs (where applicable), you are agreeing to these T&Cs.
We may offer the Game through application and/or games stores including, without limitation, the PlayStation Store and Xbox store or another videogame store (as applicable) (each a “Store”). That means you need a Store account to play the Game, and your use of each Store is subject to the terms of use applicable to that Store (as may change from time to time). We may also offer or make available the Game directly to you (without the involvement of a third party Store) or via retail stores.
Where applicable, the Stores may allow you to get a refund in respect of or in connection with a Game, in some cases. You should contact the Store through which you made a purchase, in the event that you desire a refund from a Store.
You must be at least 13 years old in order to use the Game.
Summary
These T&Cs are a legal agreement between us and you, so please read them carefully.
These T&Cs describe how you are permitted to use the Game.
If you break these T&Cs, we may stop you using the Game, contact you regarding your use of the Game or exercise other remedies that we have available to us at law or in equity.
The Game is provided on an ‘as is’ basis, and we make no (and hereby disclaim any and all) representations and warranties with respect to it, to the extent permitted by applicable law.
Virtual Items have no real-world value or application outside of the Game.
These T&Cs limit our liability as set out in clause 7 below.
These T&Cs may change from time to time. Please check back with us periodically to make sure that you’re aware of the latest version.
What You Can Do
As long as you follow the rest of the terms and conditions in these T&Cs, you can use the Game in the following ways:
To play the Game. We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the relevant Game for your personal, non-commercial use for gameplay in accordance with these T&Cs. We do not grant you ownership of the Game itself.
To use upgrades, updates and additional Game-related content which we may make available from time to time (although we are not obliged to provide that or any updates, upgrades or support).
Please enjoy our Game safely and responsibly. We have set out some health and safety notices and precautions in Schedule 1 to these T&Cs. Please read and follow those precautions when enjoying our Game.
What You Cannot Do
We use commercially reasonable endeavours to protect the Game and our users, and it is important that the Game is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct that violates the terms or the spirit of these T&Cs.
The following sets out some of the things that you cannot do with the Game:
do not share, rent, resell, or make available copies of the Game (or any ‘hacked’ versions) or otherwise use the Game commercially in any way except as expressly permitted by law (such as under ‘fair dealing or ‘fair use’ laws);
do not cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, or use the Game in a way which is not within the spirit intended by our T&Cs or in a way which may harm the experience of other users of the Game;
do not modify or adapt the Game or hack, merge, translate, creative derivatives from the Game or our websites, mimic, disable the Game or our websites or tamper with them;
do not make public or commercial use, by any means, of the Game, products or services without our prior written consent;
do not provide hyperlinks to, or other forms of links to, our websites for obtaining profit or other commercial gain without our express prior written consent;
do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game;
where applicable, do not share any password or security information you use to access the Game with any other person;
do not delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trade mark notices or other legal lines or credits) notices in our Game;
do not facilitate, create or maintain any unauthorized connection to the Game including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Game; and (ii) any connection using third-party programs or tools not expressly authorized by us in writing;
do not do anything (or attempt to do anything) which might disrupt use of the Game by us or other users, or which could threaten, harass or upset other users of the Game or community; and
do not make anything available on or through the Game that violates the rights of third parties (including without limitation their intellectual property or privacy rights).
Please make sure you read these T&Cs carefully and understand them. If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
Please be aware that, if you breach these T&Cs, we reserve our right to suspend, terminate or otherwise take under review your licenses granted hereunder.
Third Party Content In Our Game
The Game may include third party website links and other third party materials such as posts, comments, videos, images and other content such as other user-generated content. We are not responsible for this content. We may moderate or otherwise check such content in some instances, but we are not required to do so. Depending upon the particular Game and the content involved, we may be solely a mere conduit for the transmission, storage and retrieval of the relevant content. In other words, we may not review content for its legality, tastefulness or its compliance with these T&Cs.
Where the Game includes third party content or user-generated content, we rely upon a reporting system whereby players and users can report third party or user-generated content to us, such as because it is illegal content or as it is content which breaches these T&Cs. A reporting mechanism will be made available for these purposes in the Game, and you can also let us know by contacting us at: support@double11.com.
Where we provide the functionality for you to upload any content, including any user generated content, to our Game such as, without limitation, posts, photos, videos, images, voice communications, text and other communications, comments or other content or files, you agree and undertake that the content:
is lawful and will not give rise to any actual or possible civil or criminal liability for you or for us and does not promote any unlawful or illegal activity (including without limitation in respect of the territory and local laws applicable where you may upload such content);
does not infringe the rights of any third party, including without limitation their intellectual property or privacy rights;
does not include any virus, worm, logic bomb, bug or any other form of malicious or technically harmful data, code, link or information;
is not violent, threatening, abusive, pornographic, defamatory, discriminatory, obscene or otherwise morally objectionable (in our reasonable opinion);
does not harass or defame any person or organisation;
does not commercially market or promote any third party, product or organisation;
does not seek to or attempt to make any arrangement to meet a child under the age of thirteen (13);
does not contain any restricted or security related content such as the passwords, medical information or confidential information of any person; and
does not solicit, encourage, invite, advocate, request or provoke directly or indirectly any of the foregoing or any illegal activity or breach of these T&Cs.
Purchasable Content And Virtual Items
In the Game you may purchase a license to use certain virtual items, including but not limited to virtual goods, services, virtual coins, tokens, or points, all for use on or in the Game (“Virtual Items”).
Virtual Items are licensed, not sold to you. On purchase, you are granted a limited, revocable, non-transferable, non-exclusive license to use the Virtual Items for your personal, non-commercial entertainment purposes in the Game. Upon your first receipt or use of any Virtual Item, the transaction is complete and non-refundable from us (subject to your statutory rights, as applicable).
We may keep records of transactions and purchases in order to deal with any subsequent queries, and for our accounting purposes. We are not a party to purchases you make from a platform or Store.
Virtual Items may be licensed to you when you make a purchase using funds in your in-Game account, or directly from platforms / Stores. Any attempt to obtain Virtual Items outside of the Game or our authorised platforms and websites is prohibited.
We may modify, regulate or remove Virtual Items without notice and at our discretion. Virtual Items have no real-world value or application outside of the Game and must not be sold, traded, transferred or redeemed for real-money or items of value. You do not have any ownership or property in the Virtual Items other than the limited license described in these T&Cs, and you are not entitled to any refund, benefit, or other compensation for the loss of any Virtual Items other than as expressly set out in these T&Cs.
Trading any Virtual Items is prohibited except where we may make this functionality available to you on our Game or website. You will not make available any cheats, technological measures, or other methods designed to enable or encourage any collection, selling, or trading of Virtual Items. You may not create or participate in any exploitation of price differences of Virtual Items by any means.
In respect of paid-for Virtual Items that you buy directly from us, you are entitled to cancel your purchase within fourteen (14) days and request a full refund from us. However, you agree that if we have begun to supply you with the Virtual Item at any point during that period (or immediately on your purchase) with your consent, you are then no longer entitled to such refund. To make a refund request in accordance with this Clause 6.7, you can contact us using the following details (e.g. by email):
To: Double Eleven Ltd
Boho One, Bridge Street West, Middlesbrough, Cleveland, TS2 1AE support@double11.com
I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], ordered on [INSERT DATE].
From: [YOUR NAME]
[YOUR ADDRESS]
[YOUR EMAIL / TELEPHONE (optional)]
Date: [DATE]
Our Liability
Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in these T&Cs:
our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
if a paid-for Game or paid-for Virtual Item is faulty when we deliver it to you, we will try to repair or replace it;
if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid to us to use the Game (where applicable) or Virtual Item; and
if, as a result of the fault, the Game or Virtual Item damages your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
Other than as mentioned above, our overall liability to you is limited to the price you paid to use the relevant Game or, where no price was paid, £10.
The Game, along with any updates, upgrades and any additional content, are provided ‘as is’. That means we don’t make any promises to you about the Game other than that it will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about the Game.
We’ll use reasonable skill and care to provide the relevant Game, but can’t guarantee there won’t be any errors, bugs or interruptions to them, or that our Games will not cause any problems with your device.
Any views expressed in the Game are the views of the authors and not of us, unless we expressly specify otherwise.
Beta Testing, Backups And Confidential Information
Where the Game is made available to you as a test version, or part of a research and/or testing program, for evaluation and demonstration purposes only, in order to assess and evaluate certain aspects of performance (and including without limitation for the identification of any errors or defects), this clause 8.2 and 8.3 shall apply.
You specifically agree, acknowledge and accept that:
the Game is not fully complete or fully developed and so is likely to have errors, bugs or interruptions;
the Game is made available “as is” as a prototype work in progress and, as part of our research, for evaluation and demonstration purposes only;
the Game (or some parts of it) may (and probably will) crash and/or cause full or partial Game data loss; and
you use, download and install the Game at your own risk, knowing that it is provided as it is and, with its faults, as a test and prototype.
At the end of any testing phase or program, Double11 may decide to cease making the Game available and/or to delete Game-related data (including without limitation Game-specific user accounts, Game event data and progression data).
You are advised to back-up and otherwise safeguard all data and software on your device and to not rely on the correct functioning or performance of the Game or any part of it.
You may have access to and be entrusted with confidential information and trade secrets relating to the Game before it is made public, and about our business and plans. You will not divulge or communicate to any person, cause or facilitate any disclosure of, or make any use of, such confidential information without our prior written permission. This obligation shall survive termination of these T&Cs but shall not apply in respect of any information which has become available to the public generally other than through an unauthorised disclosure.
Please do let us know if you discover any problems with the Game, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with a Game at support@double11.com.
Any views expressed in the Game are the views of the authors and not of us, unless we expressly specify otherwise.
Privacy
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
Please take care when disclosing any information about yourself on or through the Game. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information you choose to provide to other users, where the Game includes facilities for you to interact with others. We strongly recommend that you exercise caution, act sensibly and not disclose any information which you do not wish to have disseminated into the wider public internet. Any disclosures of your information by you to other users are made by you at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.
Intellectual Property
Double11 welcomes your feedback and comments about our Games. Where you provide us with feedback, comments and/or any forms of suggestions about or in connection with the Game, via one of our surveys or otherwise (“Feedback”), any and all intellectual property rights that may arise in such Feedback (arising anywhere in the world) are hereby irrevocably and unconditionally assigned from you to us. You also acknowledge that, in certain cases, it is possible that no intellectual property rights would arise in your Feedback.
All intellectual property rights in the Game, throughout the world belong to us and our licensors, and the rights in the relevant Game are granted to you by way of a limited license (and are not sold) to you. You have no intellectual property rights in, or to, the Game other than the right to use the relevant Game in accordance with these T&Cs on the applicable platform / Store and device. Except as otherwise expressly provided in these T&Cs, all rights are reserved by us and our licensors.
Store Terms
The ways in which you can use the Game may also be controlled by other relevant Store’s terms and conditions and policies as made available to you by other relevant Stores. To the extent that there is a conflict between the terms of these T&Cs and the relevant Store’s terms from which you purchased (where applicable) or installed the Game, the Store’s terms shall prevail to the extent of the conflict.
Operating System And Device Requirements
An internet connection may be required for you to enjoy the Game (or some parts of it).
The Game requires a certain operating system version (or later) and a minimum amount of memory to play the Game. Please review the Game-specific minimum requirements made available to you in the relevant Game description / store page information to ensure that the Game is compatible with your device.
In some instances, you may require a user account with us and/or with the Store in order to play the Game or a part of it. You are responsible for maintaining the confidentiality of your account login information. Please do NOT share your account information with any third parties. We may hold you responsible, in accordance with these T&Cs, for the activity of your user account. If you believe your user account has been compromised, please let us know immediately by emailing us at: support@double11.com .
Termination And Service Outage
We may temporarily discontinue the Game, Virtual Items, and any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
We may end your rights to use the Game at any time in the event that you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for a Game or for Virtual Items, content or services in connection with a Game and your rights have been terminated in accordance with this clause because of your breach of these T&Cs, we will not refund you.
We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of the Game or Virtual Item. If your use of the Game (including without limitation the Virtual Items therein) was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the Game or for Virtual Items, content or services in connection with a Game, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (for example, where you have had access to the paid-for Virtual Items for over three (3) months in a Game). Where you have not had a reasonable period of opportunity to enjoy the paid-for Game or paid-for Virtual Items, we may offer you a partial or full refund.
Upon termination of your account / profile for any reason, any in-Game or website rankings or scores, Virtual Items, including virtual currency balances (whether earned or purchased), or scores or information in connection with the Game services will not be retained or accessible. These may not be recoverable by us once they are deleted or made inaccessible.
General
These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.
We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don’t use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the Game that rely on our ongoing online services then the new T&Cs will apply.
We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.
Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.
Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These T&Cs are governed by English law and you can bring proceedings in respect of the relevant Game or these T&Cs in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the relevant Game in either the Scottish or the English courts.
Complaints And Alternative Dispute Resolution
Should you have any queries or complaints, please get in touch via the contact information set out in clause 16 below.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
COMPANY AND CONTACT INFORMATION
In these T&Cs, ‘we’, ‘us’ and ‘our’ refers to:
Double Eleven Ltd, Boho One, Bridge Street West, Middlesbrough, Cleveland, TS2 1AE.
If you would like to contact us, you can reach us via the details available on our customer support portal here: support@double11.com
© 2020 DOUBLE ELEVEN LTD. All Rights Reserved.
Schedule 1
HEALTH AND SAFETY PRECAUTIONS
THE GAME MAY CONTAIN FLASHING LIGHTS, REALISTIC IMAGES AND/OR SIMULATIONS. PLEASE READ THIS NOTICE BEFORE USING THE GAME.
Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness, dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games. This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using the Game suffers or has suffered in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using the Game. If you or they are already using the Game please stop and consult a doctor.
If you feel tired, fatigued or are in discomfort whilst using the Game please stop and rest. If this continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate the injury. In that case, please consult a doctor. Failure to follow this advice may result in long term injury.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE GAME:
Please do not:
sit or stand too close to the screen / monitor. Instead, do sit or stand a safe distance away;
use the Game if you are sick, sleepy, or feel tired, fatigue or discomfort;
play in a room that is not well-lit; or
play for too long at any one time. Please take a 10 to 15 minute break every hour.