Terms Watch

FACEPUNCHTerms of Service

Last updated on 15 July 2025

IMPORTANT NOTICE FOR USERS IN THE UNITED STATES: PLEASE READ THESE TERMS OF SERVICE
Last updatedUSE CAREFULLY—THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY. THEY ALSO REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND REQUIRE YOU TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.

A quick summary:
These are the (legally binding) terms and conditions for Facepunch’s games and services (which we call the Facepunch Services – see section 1.2 below for how we define this). In particular please note the following:
* Rules. There are rules (and consequences) regarding what you can and cannot do with the Facepunch Services, and in some situations these also apply outside the Facepunch Services (please see section 3 and 9 below). In particular, if you are banned (e.g. for cheating) then you will lose access to the relevant game and any in-game purchases.
* Beta / Early Access. Some products and services we may release on 18 July 2022

A quick summary:
Thesea ‘alpha’, ‘beta’ or ‘Early Access’ basis – these may contain bugs and require server / progress resets – please see section 2.4 for more details.
* Liability and Disputes. There are the (legally binding)rules and limits on liability and rules on dispute resolution (including mandatory arbitration and waiver of jury trial for claims brought in the USA) – see sections 9 and 12.
* s&box. This Agreement does not apply to s&box, for the s&box terms and conditions for Facepunch’s games and services (which we call the Facepunch Services –please see section 1.2 below for how we define this). In particular please note the following:
* Rules. There are rules (and consequences) regarding what you can and cannot do with the Facepunch Services(please see section 3 and 9 below). In particular, if you are banned for cheating then you will lose access to the relevant game and any in-game purchases.
* Beta / Early Access. Some products and services we may release on a ‘alpha’, ‘beta’ or ‘Early Access’ basis – these may contain bugs and require server / progress resets – please see section 2.4 for more details.
* Liability and Disputes. There are rules and limits on liability and rules on dispute resolution (including mandatory arbitration and waiver of jury trial if you live in the USA) – see sections 9 and 12.https://facepunch.com/legal/sbox/eula.
* Contact. You can contact us on [email protected] if you’ve got questions about this Agreement or general legal matters at Facepunch (polite note that email is only for legal matters, not general enquiries). For anything else, please contact our support team at https://support.facepunchstudios.com/hc/en-us.

This Terms of Service (“Agreement”) explains what you can and cannot do with Facepunch games, products and services (which we explain below). We know legal wording is not much fun, so there’s also a quick summary of each section (but the full version is the legally binding one). Please also read our Code of Conduct (https://facepunch.com/legal/code-of-conduct(www.facepunch.com/legal/code-of-conduct)).

6.2 Who, Fan Content and Broadcasting Guidelines (www.facepunch.com/legal/ugc/), Modding Guidelines (www.facepunch.com/legal/modding), IP Policy and Community Server & Hosting Guidelines (www.facepunch.com/legal/servers) and other legal guidance (www.facepunch.com/legal/). If you’d like to know more about our data practices, please see our Facepunch Privacy Policy (www.facepunch.com/legal/).

1. ABOUT THIS AGREEMENT

SUMMARY. We’re Facepunch, it applies to our games (like Garry’s Mod and Rust – but not s&box, which has its own set of terms), this is a legally binding document, we can change it as explained below, it contains a mandatory arbitration agreements and class action waiver for U.S.-based users; also check out our Privacy Policy and other legal fun.

1.1. What is this Agreement? This Agreement is a legally binding contract between you and Facepunch Studios Ltd, (incorporated and registered in England with company number 06848626) of 8th Floor, 103 Colmore Row, Birmingham, B3 3AG, United Kingdom, as well as the Facepunch group of companies (“Facepunch”).

1.2. What does this Agreement apply to? All of our video games (e.g. Garry’s Mod, Rust on PC, Chippy, Clatter) except s&box, our websites, any game keys or codes, Facepunch Virtual Goods (defined below), our software development kits, forums, assets and tools, plus all other Facepunch products and services (e.g. user accounts, customer and technical support, wikis, blogs and social media services) – we will refer to “Facepunch Services” to cover all of these things. To review the terms that apply to s&box, please see [LINK]. For the terms applying to Rust on PlayStation and Xbox, please see Double 11’s terms: https://rust.double11.com/eula - please contact Double 11 for all queries and issues in relation to Rust on PlayStation and Xbox.

1.3. When does this Agreement apply to you? As soon as you download, install or use any of the Facepunch Services. If you do not agree to it, please do not use any of the Facepunch Services.

1.4. What happens if we change this Agreement and/or the Facepunch Services? We may make changes to the Facepunch Services and/or this Agreement for various reasons – such as to reflect changes in applicable laws or regulatory requirements and/or to implement technical changes or improvements (e.g., to address a security issue or changes in our business practices). If we make minor changes, these should not impact your use of the Facepunch Services. If we make more significant changes to the Facepunch Services and/or this Agreement, then we will endeavour to notify you reasonably in advance. Changes will come into effect either as soon as they go live (in the case of minor changes) or following expiry of any applicable notice period (if they are significant). If you do not agree to any significant changes, you may not continue to access the Facepunch Services (although we’re happy to discuss any appropriate next steps with you).

2. USING THE FACEPUNCH SERVICES

SUMMARY. You have the personal right to use the Facepunch Services (but Facepunch owns the SDKs? The SDKs,them). You need to be at least 13 to use Facepunch Services. There are technical requirements for using them.

2.1. Use of Facepunch Services. Your use of the Facepunch Services is for you alone, so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else. Legally speaking, we give you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use the Facepunch Services on authorised devices/platforms. If any of them require a user account then you are responsible for keeping the account safe and secure; if someone else breaches this Agreement whilst using your account, this will not result in any sanctions being removed from your account.

2.2. Are there any age restrictions? Legally, you must be at least 13 years old to use the Facepunch Services, but this might be older depending on whether or not a particular Facepunch Service has a required minimum age rating. If you are between 13 and 18 (or whatever is the age of adulthood in your country), please ask your parent or guardian to review and approve this Agreement and to supervise your use of the Facepunch Services.

2.3. Technical requirements. Some Facepunch Services will have minimum requirements (e.g. minimum computer specifications or require an internet connection) and it is your responsibility to ensure you meet these requirements before downloading or using them. In order to protect Facepunch, Facepunch users and to enforce this Agreement, Facepunch may deploy anti-cheat and/or other software tools that run in the background of your device or related devices/peripherals when you use the Facepunch Services. We may patch, update or change the Facepunch Services over time (e.g. to add or remove game features). This may result in mandatory and/or automatic updates, meaning older or un-updated versions may become unusable over time as a result. We may also stop supporting older devices/platforms over time, but we will use reasonable efforts to notify this to you in advance.

2.4. Beta/Early Access release. We may release some Facepunch Services before their full commercial release to test the features, capabilities, and performance of the product. This could be in prototype, alpha, beta or Early Access or other pre-full release mode. Please remember that these versions might contain bugs, we might add or remove features and there may be server/progress resets (including for Virtual Goods). We might set other requirements too but these will be notified to you.

2.5. What about third party access and content? We are not responsible for any third-party content on the Facepunch Services (e.g. links to third party sites on our social media) or third-party services which you access the Facepunch Services from (e.g. Steam).

3. RULES FOR USING THE FACEPUNCH SERVICES

SUMMARY. This section sets out the rules for you to follow when using the Facepunch Services – e.g. no hacking, cheating, harmful conduct etc. Breaking these rules could result in suspension or cancellation (temporary or permanent) of your access to the Facepunch Services, including loss of access to any improvements or updates to them, belong to Facepunch. Any mods made using the SDKs belong to you, subject to ourVirtual Goods you have purchased.

3.1. Please follow these rules carefully since failure will be considered a material breach of this Agreement, which could lead to suspension or cancellation (temporary or permanent) of your access to the Facepunch Services. Here are the rules – you must NOT:

i. Personal Enjoyment only: use the Facepunch Services for any commercial purposes (unless permitted in the Fan Content Guidelines (www.facepunch.com/legal/ugc/) or Modding Guidelines (www.facepunch.com/legal/modding)) or political purposes;

ii. Restricted Access: attempt to copy, rent, steal, sell, lend, lease, sublicense, distribute, publish or publicly display the Facepunch Services;

iii. Technical Misuse: modify, merge, distribute, translate, reverse engineer, decompile or attempt to obtain or use source code of the Facepunch Services unless you are specifically allowed by applicable law;

iv. Interfering: hack, harm, grief, harass, threaten, interrupt, interfere with or misuse the Facepunch Services, accounts, network software and services or Facepunch’s other users, community members or staff.

v. Cheating: create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, mining or other software that interact with or affect the Facepunch Services in any way. Encouraging cheating, knowingly playing with cheaters or benefitting from cheating (even if you’re not cheating yourself) will also be considered a breach of this rule. Mods are OK as long as they follow these rules, the Fan Content Guidelines (www.facepunch.com/legal/ugc/) and the Modding Guidelines (www.facepunch.com/legal/modding).

vi. No Advertising: post any commercial advertisement, promotion, spam or unsolicited messages through the Facepunch Services.

vii. Names/Trade Marks: use Facepunch, the names of any Facepunch Services or other Facepunch names or logos or trademarks for any commercial purpose without our permission.

viii. Infringing Content: do anything in connection with the Facepunch Services that infringes any copyright, trade mark, patent, trade secret, privacy, publicity, or other right of Facepunch or others.

ix. Conduct: do or say anything unlawful, racist, harassing, threatening, abusive, hateful, xenophobic, sexist, discriminatory, abusive, defamatory, obscene, invasive of the privacy of another person or otherwise offensive. This includes in any chat or other communications with users. Facepunch reserves the right to monitor the content of any of your messages and prevent your use of any such chat or other communication systems for any reason.

3.2. We use both human moderators and technological means to uphold our rules. This involves both reactive measures (e.g. following a report by a user or the authorities) and proactive steps to stop inappropriate User Generated Content appearing in the Facepunch Services (e.g. via use of chat filters). If you think that we have made an error regarding any suspension or cancellation (either of particular User Generated Content or your account), please contact us as set out in section 10.2.

3.3.
(i) To the extent permitted by applicable law, the rules in section 3.1. above apply not only to the Facepunch Services but also if you create User Generated Content based on our Games or engage with Facepunch or its staff in any way (e.g. via our website, social media or at in-person events). For example, Facepunch may take action against you (which may involve temporary or permanent suspension of access to our Games) if you harass, threaten or grief our staff on social media or via support tickets.

(ii) Similarly, the rules would apply to a livestream or video of our Game that promotes cheating or hacking, or where you engage in behaviour that may be deemed offensive, threatening or hateful. To be clear, Facepunch is not monitoring everything that happens outside of its Games, but if we are made aware of behaviour or activity involving our Games that breaches our Agreement then Facepunch has the right to act.

4. INTELLECTUAL PROPERTY RIGHTS

SUMMARY. The Facepunch Services are owned/licensed by Facepunch.

4.1. Who owns the Facepunch Services? Facepunch owns or licences the Facepunch Services in their entirety (e.g. their visual components, characters, story, items, music, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all intellectual property and other legal and exploitation rights regarding them), including any improvements or updates. All rights in the Facepunch Services are reserved except as explained in this Agreement.

5. FAN CONTENT, MODS AND COMMUNITY SERVERS

SUMMARY. We are pretty open about user generated content and stuff like that but there are some basic rules - you can read our Fan Content Guidelines here (www.facepunch.com/legal/ugc) and our Modding Guidelines here (www.facepunch.com/legal/modding). You are responsible for any content you share via the Facepunch Services.

5.1. What is our position on mods, community servers and fan content? You can read our Fan Content Guidelines (www.facepunch.com/legal/ugc/) for our position on user generated content including fan art and videos/streams/Let’s Plays (“User Generated Content”). By posting any User Generated Content on the Facepunch Services you are giving us permission to use it (legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with the Facepunch Services). If you do not agree to this, please do not post any User Generated Content. For Mods and standalone tools/products based on our games, please see our Modding Guidelines at www.facepunch.com/legal/modding. For community servers, please see our Community Server & Hosting Guidelines at www.facepunch.com/legal/servers.

5.2. What if someone is infringing my intellectual property rights? Please refer to our IP Policy (www.facepunch.com/legal/ip/) if you think someone is infringing your intellectual property rights.

6. SOFTWARE DEVELOPMENT KITS

SUMMARY. You can use our SDKs to make mods and other content for use in the Facepunch Services. Some basic legal rules apply.

6.1 Using our software development kits. You are welcome to use our publicly available software development kits, assets and tools (‘SDKs’) to enrich your experience with our games (such as our Rust World SDK found at https://github.com/Facepunch/Rust.World).

6.2 Who owns the SDKs? The SDKs, including any improvements or updates to them, belong to Facepunch. Any mods made using the SDKs belong to you, subject to our Modding Guidelines (www.facepunch.com/legal/modding).

6.3 Are there any additional requirements you should know about? Yes, some SDKs may be subject to additional terms (such as an open source licence). Any additional legal terms will be detailed in the SDK’s description. If you are not sure, please contact us at [email protected] before you use our SDKs.

7. VIRTUAL GOODS

SUMMARY. You may be able to buy and/or otherwise obtain things like cosmetics or in-game enhancements or and there are some additional legal rules for them. They do not have any “real world” monetary value and you cannot buy, sell or trade these with other users.

7.1. Do the Facepunch Services offer virtual goods? Certain Facepunch Services may let you purchase and/or otherwise obtain virtual, in-game digital items and content including cosmetic and in-game enhancements and other downloadable content (“Virtual Goods”).

7.2. Are there any additional payment requirements you should know about? If you buy Virtual Goods, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for applicable fees and taxes. All payments are non-refundable and non-transferable except as expressly provided in this Agreement.

7.3. What are the legal requirements regarding Virtual Goods? Virtual Goods are digital items only with no cash-value or real world existence and they generally cannot be ‘bought’, ‘sold’, gifted, transferred, traded or redeemed in any way. There may be some platforms where the Virtual Goods do have some limited transfer rights, which will be explicitly authorised and permitted by Facepunch and the relevant platform (e.g. via the Steam marketplace). In legal terms, you receive a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use Virtual Goods solely for your personal entertainment and non-commercial use in the relevant Facepunch Service (except where explicitly authorised and permitted by Facepunch and the relevant platform), but Facepunch remains the legal owner of Virtual Goods at all times.

7.4. Will these Virtual Goods expire, change or be revoked? Virtual Goods do not generally expire (unless they’re stated to expire or are consumables). Facepunch is entitled to revoke from users (without notice or compensation) any Virtual Goods that have been obtained by way of (e.g.) bug, hack, breach, or exploitation of the Facepunch Services. We are entitled to manage, regulate, control, discontinue, vary, modify and/or remove Virtual Goods at our discretion if we consider (acting reasonably) that this is necessary for the ongoing operation or protection of the Facepunch Services or for other legitimate business, legal or technical reasons. We will try to give you reasonable advance notice of any such changes where appropriate and discuss any appropriate next steps with you.

7.5. Can you refund purchases of the Facepunch Services and/or Virtual Goods?

Your refund rights will depend on the terms of any applicable device/platform via which you access the Facepunch Services on, in relation to Facepunch itself:

If you are resident in the United Kingdom or the European Union: By law you have the right to withdraw from a purchase of the Facepunch Services and/or Virtual Goods within 14 days of your purchase, without giving a reason. HOWEVER, when you make a purchase of Facepunch Services and/or Virtual Goods, the relevant platform (e.g. Steam) will obtain your consent to the immediate supply of Facepunch Services and/or Virtual Goods and your acknowledgement that you will lose your withdrawal right as soon as that supply begins. This means that you lose your right of withdrawal as soon as your account is provided with access to the relevant Facepunch Services and/or Virtual Goods (which is typically straight away). You may also have statutory refund (and other) rights if we supply you Facepunch Services which are in breach of our statutory obligations (e.g. it’s not fit for purpose or not as described).

If you are resident elsewhere in the world outside the United Kingdom or European Union (including the USA): All purchases are final and no refunds will be made or returns accepted (except where you have a legal entitlement to this, if applicable).

8. FEEDBACK OR SUGGESTIONS

SUMMARY. Feedback and suggestions are great (thank you!) but at our discretion without responsibility/liability.

We always welcome and appreciate feedback and suggestions (you can send these to [email protected]) but we may choose not to use or accept them at our discretion. In any event the feedback/suggestions will be received by us without any credit, compensation, obligations or liability to you. If you provide Facepunch with any feedback or suggestions, you hereby grant Facepunch a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable, and transferable licence to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all feedback and / or suggestions for any purposes, for all current and future methods and forms of exploitation.

9. LIABILITY

SUMMARY. Here we explain a bit further how you and we are legally responsible to each other. We ask for certain legal protections from you.

9.1. Limitation of liability (UK, EU).(UK and EU only).

This section applies to you if you are resident in the United Kingdom or European Union. If you are resident in the United States of America or other non-UK/EU territory, please see section 9.3 below.

1. We do not exclude or limit (or seek to exclude or limit) our liability to you where it would be unlawful to do so. This includes our liability for:
* death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors);
* fraud or fraudulent misrepresentation;
* breach of your statutory rights as a consumer; or
* other liability which may not be excluded by applicable law.

2. We only supply the Facepunch Services for domestic and private use. If you use the Facepunch Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.

3. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement, or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was agreed to, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.

4. If the Facepunch Services damage a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or have in place the advised minimum technical requirements.

9.2 Subject always to 9.1. above: (i) the total liability of Facepunch (and its group companies) arising out of or in connection with this Agreement will not exceed the total amount you have paid to us under this Agreement during the twelve (12) months immediately prior to the event which caused the liability; and (ii) the Facepunch Services are provided on an “as is” basis and we make no specific warranty or representation in relation to the quality, completeness or accuracy of the Facepunch Services.

9.3. Limitation of liability (USA).(USA and non-UK and EU countries).

The following section doesapplies to users in the USA and other non-EU and UK countries. .

(I) OUR DISCLAIMERS. THE FACEPUNCH SERVICES (INCLUDING ANY UPDATES) ARE PROVIDED TO YOU ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE FACEPUNCH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACEPUNCH, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR ‘LOSS’ RELATING TO THE FACEPUNCH SERVICES. YOU UNDERSTAND THAT CERTAIN PORTIONS OF THE FACEPUNCH SERVICES ARE MADE POSSIBLE BY THIRD PARTIES. YOU AGREE THAT FACEPUNCH DOES NOT CONTROL ANY THIRD PARTIES AND WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR HARM THAT THEY CAUSE EITHER DIRECTLY OR INDIRECTLY.
(II) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FACEPUNCH, ITS AFFILIATES, PARTNERS AND LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES, OR (2) DAMAGES ARISING FROM INTERRUPTIONS; DELETION OF FILES, EMAIL, OR DATA; SYSTEM ERROR, FAILURE OR MALFUNCTION; VIRUSES; DELAYS IN OPERATION OR TRANSMISSION; OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL; OR (3) YOUR MISUSE OF THE FACEPUNCH SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE FACEPUNCH SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE FACEPUNCH SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(III) YOUR INDEMNITY TO US. IF SOMEONE SUES FACEPUNCH, ITS AFFILIATES, OR LICENSORS, YOU MAY HAVE TO PAY FOR THEIR DEFENSE AND LEGAL FEES. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ON DEMAND FACEPUNCH, ITS AFFILIATES, LICENSORS AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS, FROM AND AGAINST ANY AND ALL CLAIMS ASSERTED AGAINST ANY OF THEM ARISING OUT OF OR RELATING YOUR USE OR ACTUAL OR ALLEGED MISUSE OF THE FACEPUNCH SERVICES, VIOLATION OF THESE TERMS, OR YOUR NEGLIGENCE OR MISCONDUCT. THIS APPLIES TO ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES AND COSTS, ARISING FROM SUCH CLAIMS. .. IF CLAIMS ARE BROUGHT AGAINST US, THEN YOU WILL COOPERATE FULLY WITH US AND WE RESERVE THE RIGHT TO TAKE OVER THEIR DEFENCE SUBJECT TO INDEMNIFICATION BY YOU. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT.

(IV) INJUNCTIVE RELIEF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER ARE NOT IRREPARABLE, AND OTHER REMEDIES WILL BE ADEQUATE, SUCH THAT YOU ARE NOT ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.

(V) Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.

10. TERMINATION

SUMMARY. You can terminate this Agreement by stopping use of all Facepunch Services. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Facepunch Services if you seriously breach this Agreement (including cheating in our games).

10.1. When and how can you terminate this Agreement? You can terminate this Agreement at any time by permanently stopping use of all Facepunch Services. Termination will not apply to you if you are resident in the United Kingdom or European Union or countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident in the USA.

(I) OUR DISCLAIMERS. THE FACEPUNCH SERVICES (INCLUDING ANY UPDATES) ARE PROVIDED TO YOU ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE FACEPUNCH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACEPUNCH, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR ‘LOSS’ RELATING TO THE FACEPUNCH SERVICES.

(II) OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE FACEPUNCH SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).

(III) YOUR INDEMNITY TO US. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ON DEMAND FACEPUNCH, ITS AFFILIATES, LICENSORS AND PARTNERS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES, IN CONNECTION WITH ANY ALLEGED OR ACTUAL BREACH BY YOU OF THIS AGREEMENT. IF CLAIMS ARE BROUGHT AGAINST US, THEN YOU WILL COOPERATE FULLY WITH US AND WE RESERVE THE RIGHT TO TAKE OVER THEIR DEFENCE. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT.

(IV) INJUNCTIVE RELIEF. YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER ARE NOT IRREPARABLE OR SUFFICIENT, AND OTHER REMEDIES WILL BE ADEQUATE, SUCH THAT YOU ARE NOT ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.

(V) Residents of California. If you reside in the state of California you are entitled to the following specific consumeraffect already existing rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

10. TERMINATION

SUMMARY. Youor obligations of us or you.

10.2. When can we suspend or terminate this Agreement by stopping use of allyour access to the Facepunch Services. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Facepunch Services if you seriously breach this Agreement (including cheating in our games).

10.1. When and how can you terminate this Agreement? You can terminate this Agreement at any time by permanently stopping use of all Facepunch Services. Termination will not affect already existing rights or obligations of us or you.

10.2. When can we suspend or terminate your access to the Facepunch Services?

- We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Facepunch Services (including access to Virtual Goods) if you materially breach this Agreement (e.g. the rules in section 3 above, our Code of Conduct or any other breach which is serious and/or which could cause real harm to Facepunch, the Facepunch Services or other Facepunch Services users. If we cancel or suspend your account in this way we will not have any obligations or liabilities to you at all. Regarding bans:

- If you have questions about any game ban or suspension we have issued, then you can contact our support team (https://support.facepunchstudios.com/hc/en-us(https://support.facepunchstudios.com/hc/en-us)) and we will use reasonable efforts to explain why we have done this (though we will not be obliged to do so) and what (if anything) you can do as a result.
- If your ban has been issued by Easy Anti-Cheat and you would like to appeal, please visit: https://www.easy.ac/en-us/support/game/contact/appeal/.
- If your ban has been issued by Valve (VAC), please visit: https://help.steampowered.com/en/faqs/view/571A-97DA-70E9-FF74.

10.3. If Facepunch decides itself to stop providing any Facepunch Services permanently, we will try to give you at least sixty (60) days’ notice.

11. GOVERNING LAW & JURISDICTION FOR RESIDENTS IN THE U.K., E.U. AND ELSEWHERE (BUT NOT THE UNITED STATES)

SUMMARY. Any legal questions / complaints / claims regarding this Agreement are under English law and jurisdiction for users all around the world except for users in the United States, whose Disputes with Facepunch Parties are governed by Section 12.2.

11.1. If you are resident in the USA, whoUnited Kingdom, European Union or elsewhere in the world (but not the USA):

You and we agree that your use of the Facepunch Services, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of England and any dispute regarding it will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the law of your country of residence. Notwithstanding the foregoing, if you have a Dispute with Facepunch Parties that arises under U.S. law, that Dispute must be resolved through individual arbitration in accordance with Section 12.3 below.

11.2. If you are in the United States, or have a Dispute with Facepunch Parties that arises under California law and jurisdiction.

11.1. If you are resident in the United Kingdom, European Union or elsewhere in the world (but not the USA):
You and we agree that your use of the Facepunch Services, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of England and any dispute regarding it will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the law of your country of residence.

11.2. If you are resident in the USA:
To the extent not covered by the Dispute Resolution and Arbitration language below, you and we agree that your use of the Facepunch Services, and this Agreement, and any issues arising out of them, will be deemed to be entered into in San Francisco, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law) without regard to choice of law principles. Any legal claim by you against Facepunch, to the extent not covered by the Dispute Resolution and Arbitration language below, will be made exclusively in state or federal court located in San Francisco, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, you waive any rights to argue that the state and federal courts in San Francisco, California are an improper venue. In any legal claim under this Agreement, the side who wins will be entitled to its legal fees and expenses.U.S. law, please see section 12.2 below.

12. DISPUTE RESOLUTION AND BINDING ARBITRATION

SUMMARY. If you have any concerns or issues you can contact us at [email protected]. We hope we can resolve any complaints with you through informal dispute resolution. If we can't resolve a dispute with you informally, if you are in the UK or EU you can bring formal proceedings against us andus. If you are in the United States, or have a Dispute with Facepunch Parties that arises under U.S. law, your Dispute must be resolved through individual arbitration instead of court trials and class action per Section 12.2 below.

12.1. Informal dispute resolution if you arelive in the US,United Kingdom, European Union or elsewhere in most cases you can commence arbitration through the American Arbitration Association.

12.1. Informal dispute resolution:the world (but not the USA):

We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally - you can contact us at [email protected]. Normally we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live.

12.2. Dispute resolution next steps: if
Notwithstanding the foregoing, you live in the United Kingdom, European Union or elsewhere in the world (but not the USA):
You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against Facepunch, you should address it to [email protected].

IMPORTANT: IF YOU LIVE12.2. Dispute resolution, Mandatory Arbitration and Class Action Waiver (if you live in the USA ONLY):

THIS SECTION IS ONLY APPLICABLE TO USERS IN THE USA, UNITED STATES, OR USERS THAT HAVE A DISPUTE WITH FACEPUNCH PARTIES THAT ARISES UNDER U.S. LAW. PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FOLLOWING SECTIONS CAREFULLY (I.E. THE REST OF SECTION 11) AS IT REQUIRES YOU TO ARBITRATE DISPUTES BETWEEN US ON AN INDIVIDUAL BASIS.

12.3.FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

(a) Mandatory Individual Arbitration:

Any dispute, claim, or controversy between you and Facepunch, and Facepunch’s predecessors in interest, successors, parents, subsidiaries, affiliates, and assigns, as well as each of their respective past, present, and future employees, directors, officers, shareholders, independent contractors, parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns (collectively, “Facepunch Parties”), including but not limited to disputes, claims, or controversies related to or arising from the Facepunch Services, or this Agreement, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of this Agreement and this Arbitration Agreement (collectively “Dispute”), whether such Dispute arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution next steps: ifprocedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you liveand Facepunch Parties each retain the right to seek injunctive or other equitable relief in the USA (only):

(a)a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by Facepunch Parties against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.

If any court or arbitrator determines that this Arbitration Agreement to Arbitrate:
We andis void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.
If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in New York, the State of New York , and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.

If you or Facepunch Parties files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.

(b) Class Action/Jury Trial Waiver

You and Facepunch Parties agree to resolve all disputes and claims betweenthat, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding. This means that you and Facepunch Parties may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim.

Unless both you and Facepunch Parties agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, representative, or consolidated proceeding. Notwithstanding the foregoing, you or Facepunch Parties may participate in a class-wide settlement.

(c) Opt-Out Procedures

To opt out of this Arbitration Agreement, you must send us on an individual basis through binding arbitration, including without limitation any claims arising from or relating to this Agreement, any part of the relationship between you and us, or your use of the Facepunch Services, except as set forth under “Exceptions to Informal Dispute Resolution and Agreement to Arbitrate” below. The US Federal Arbitration Act and federal arbitration law applies to this agreement.

"Arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator rather than a judge or jury. Arbitration is less formal than court litigation and review of an arbitrator’s decisionwritten notice (“Opt-Out Notice”) by a court is limited. To be clear: by choosing arbitration you and we give up the right to have any dispute between us heard in court before a judge and/or jury.

Individual Arbitration Only: You and we agree that arbitration will be conducted only on an individual basis and not as a class, consolidated or representative arbitration.

(b) How to start an arbitration:
Either of us can commence arbitration by filing an arbitration demand with the AAA that describes the claim and desired remedy. Notice sent to Facepunch should be sent by mail and by email. You or Facepunch may bring an arbitrationemail at the American Arbitration Association (“AAA”) located in San Francisco, California.

(c) The rules for the arbitration:
The arbitration will be governed by the AAA under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules (available at http://www.adr.org), as modified by this Agreement. The arbitrator will be bound by this Agreement.

The arbitration shall be conducted in English by a single arbitrator with substantial experience in intellectual property and commercial contract disputes, selected pursuant to AAA rules. The arbitration hearing may be conducted through the submission of documents, by phone, or in person, and must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed by you and Facepunch. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as appropriate.

If you seek US $10,000 or less, Facepunch will reimburse your filing fee and your share of the arbitration costs (but not your attorney’s fees or expert witness fees), at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. Facepunch will only seek its legal fees and costs if it prevails and the arbitrator determines your claims are meritless. If you seek more than US $10,000, then the arbitration costs, including arbitrator compensation, will be split between you and Facepunch per the applicable AAA rules.

12.4. Exceptions to Informal Dispute Resolution and Agreement to Arbitrate
The dispute resolution and arbitration requirements do not apply to claims or disputes that relate to claims of intellectual property rights infringement or claims of unauthorised use, piracy, theft or misappropriation.

12.5. Limitation on Claims
You and Facepunch agree that, regardless of any statute or law to the contrary, any claim arising out of or related to the Facepunch Services must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred. You agree that these dispute resolution and binding arbitration provisions will survive any termination of your account or the Facepunch Services.

SUMMARY. If you live in the USA or the rest of the world (but not the UK or EU), you and we agree not to bring any class action or similar collective legal action against each other. We will resolve legal disputes with each other through the process outlined above.

12.6. Waiver of class action and collective action remedies:
To the maximum extent permitted by the national or state law applicable, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration in relation to the Facepunch Services or this Agreement. That means, to the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-wide basis or to utilize class action procedures; and (3) 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.

If the previous paragraph is found illegal or unenforceable for any reason, you and Facepunch agree that any class, representative private attorney general action claim or dispute will be resolved in court.

13. OTHER LEGAL MATTERS

SUMMARY. This section sets out a few additional, hopefully self-explanatory rules about how this Agreement works legally. For example, this Agreement is just between you and us, we might be required to comply with law enforcement requests etc.

i. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it;
ii. This Agreement does not create any rights for anyone else;
iii. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls;
iv. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Facepunch Services or this Agreement;
v. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of the Facepunch Services, as part of any reorganisation or merger, or for other business reasons provided that this does not negatively affect your rights under this Agreement (or alternatively with your consent).
vi. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy; and
vii. This Agreement does not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.

FACEPUNCH PRIVACY POLICY
Last updated on 25 October 2022

Tl;dr
- This policy tells you what you need to know about what information we collect about you, as well as how, when, and why we collect it, what we do with it and how long we keep it for (this information is known as personal data).
- Basically, we collect personal data to provide our games and other services to you, improve those services, and protect our games and our players from cheating and other inappropriate behaviour.
- We collect personal data when you play our games or sign up for our other services, when you use our chat features (although we normally delete this data after 30 days) and when you send us messages.
- We don’t sell your personal data to anyone, but we do have to share it with some other companies so that they can help us run our business.
- We only keep your data for as long as we need it, and you have rights to ask us to do things like delete it, give you a copy of it, or correct it where it’s wrong.- You can contact us on [email protected] within 30 days from the date that you first agree to this Agreement (the “Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound by this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of Facepunch Parties’ arbitration agreements and class action provisions.
If you opt out of this Arbitration Agreement, all other provisions of this Agreement will continue to apply to you. Additionally, if you’ve got questions about data protection or generalyou opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. If you timely provide Facepunch Parties with a valid Opt-Out Notice, and you are not bound to any previous or other arbitration agreements with Facepunch Parties, all Disputes between you and Facepunch Parties shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in New York, the State of New York, and all Disputes shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.

If Facepunch Parties make any future changes to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), Facepunch Parties will provide you with notice (to the extent we have your contact information). You may reject any such change by sending an email to Facepunch Parties at [email protected] within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal matters atname, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the SteamID64, username or email address associated with any purchase from Valve Corporation. This is not an opt out of arbitration altogether. Your continued use of the Facepunch - please note we will ignore any emails unrelated to these topics. IfServices after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.

(d) Rules and Governing Law

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: In the event of a Dispute, you have game orand Facepunch Parties each agree to send the other general queries, please contact our support team at https://support.facepunchstudios.com/hc/en-us.
- We also collect personal data of those that apply to work at Facepunch. Ifparty a written Notice of Dispute. A Notice of Dispute from you apply for a job atto Facepunch please read the final section of this privacy policy (personal data of job applicants) to understand how we will use your personal data.

Who are we?

We are Facepunch Studios Ltd (incorporated and registered in England with company number 06848626) of Concept House, Elmore Green Road, Bloxwich, Walsall, West Midlands, WS3 2QW, United Kingdom as well as the Facepunch group of companies ('Facepunch'). We are the creators of Garry’s Mod, Rust and other games. Because of how we collect personal and data, and the fact that we don’t do this under anyone else’s instructions, we are the controller for your personal data. This means that we decide how we process the personal data we hold about you. We are registered as a controller with the Information Commissioner’s Office and our registration number is: ZA443931.
What / who is this policy for?

This policy applies to all of our games (except Rust on console – more on that below), apps, websites (including this one), forum, support services, software development kits, online tools, blogs, social media accounts, and any other products and services we offer. We may collect some personal data about you when you use or interact with any of these services, so the policy applies to you whenever this is the case. Personal data means any information about you or that identifies you.
If you’d like to know more about your personal data for the Xbox and PlayStation versions of Rust, the publisher (and controller) of those versions is Double Eleven (please see their privacy policy here: https://rust.double11.com/privacy-policy).

What about children?

If you’re under 18 (or a parent or guardian), then this section is especially important. We recognise that we have a special obligation to protect personal data obtained from children. Legally, youParties must be at least 13 to use our games and services (although some of our games may have a higher age rating). However, we don’t collect or store your age or date of birth. If you don’t understand something on this page, then please ask your parent or guardian to help.
We do not knowingly collect personal data of anyone under the age of 13 without parental or guardian consent. If you’re a parent or guardian and are concerned about how we process your child’s personal data, please do get in touch atemailed to [email protected].

What data do Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Facepunch Services, and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice of Dispute. The Notice of Dispute must be individualized, meaning it can concern only your dispute and no other person’s dispute. Facepunch Parties will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.

After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we collect andagree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Facepunch Parties have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and Facepunch Parties each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.

The arbitration will be administered by the AAA under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules (available at http://www.adr.org), as modified by this Agreement. The arbitration shall be conducted in English by a single arbitrator with substantial experience in intellectual property and commercial contract disputes, selected pursuant to AAA rules. The arbitration hearing may be conducted through the submission of documents, by phone, or in person, and must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed by you and Facepunch. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as appropriate.

If you seek US $10,000 or less, Facepunch will reimburse your filing fee and your share of the arbitration costs (but not your attorney’s fees or expert witness fees), at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. Facepunch will only seek its legal fees and costs if it prevails and the arbitrator determines your claims are meritless. If you seek more than US $10,000, then the arbitration costs, including arbitrator compensation, will be split between you and Facepunch per the applicable AAA rules.

(e) Severability & Survival

If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein. Notwithstanding the foregoing, if any court or arbitrator determines that the Class Action/Jury Trial Waiver set forth in this Arbitration Agreement is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis, then, after the exhaustion of all appeals of that determination, you and Facepunch Parties shall be deemed not to have agreed to arbitrate Disputes, and your Dispute must be litigated in a federal or state court of competent jurisdiction in New York, the State of New York, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.

This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Facepunch Parties.

13. OTHER LEGAL MATTERS

SUMMARY. This section sets out a few additional, hopefully self-explanatory rules about how dothis Agreement works legally. For example, this Agreement is just between you and us, we collect it?
- Email address –might be required to comply with law enforcement requests etc.

i. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it;
ii. This Agreement does not create any rights for anyone else;
iii. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls;
iv. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Facepunch Services or this Agreement;
v. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of the Facepunch Services, as part of any reorganisation or merger, or for other business reasons provided that this does not negatively affect your rights under this Agreement (or alternatively with your consent).
vi. No failure or delay by us or you email customer service or sign up to one of our services using your email address, weto exercise any right or remedy provided under this Agreement or by law will hold this data soconstitute a waiver of that we can help and respond to you.
- Real name – this may be provided voluntarilyor any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you if you contactwill preclude or restrict the further exercise of that or any other right or remedy; and
vii. This Agreement does not create any exclusive relationship between us or use it to sign up to one of our services.
- SteamID64 and Steam username – if you access some of our services.
- Forum username – created when you sign up to our forum.
- IP address – your computer’s internet address, which is collected when you sign up to our forum or use some of our services.
- Device push token – collected from Rust+ and deleted after 40 days.
- Push notification history – collected from Rust+ and deleted after 7 days.
- Information about servers that you have enabled push notifications from, and which channels you’ve opted out from – collected from Rust+ and retained indefinitely.
- Chat logs from in-game – for example, in Rust, we have an open chat feature where you can say anything you like (within a few rules that are there for safety). If you write anything in the chat that is your personal data, we have this on our servers for 30 days.

In most of the above situations, we’re collecting personal data because it’s necessary. However, personal data you provide voluntarily is handled differently: where you contact us withnor any questions or use our chat functionality, this will be processed on the basis of our legitimate interests; and where you subscribe to our marketing and newsletters this will be processed on the basis of your consent.

If you contact us via social media platforms, we may process personal data that you provide. This will also be made available to the social media platform so you should also check their privacy policies before reaching out.

We don’t deal with any payment information, which is handled by the platforms we use, such as Steam, the Apple App Store, and Google Play. Even if you make an in-game purchase, we just get a notification from our platform partner – we don’t see your payment details.

We also use some cookies in order to maintain and improve our website and services. Please do have a read of our cookie policy (www.facepunch.com/legal/cookie) for more information and to see how to manage your cookie preferences.

What do we do with your personal data?

We only process your personal data in accordance with the law in the UK, where we are based – this includes the GDPR, the Data Protection Act 2018, and the Age Appropriate Design Code (aka The Children’s Code).
- We use your personal data to run, maintain, and improve our services, as well as to communicate with you (e.g. by email). The most obvious way we use your personal data is to make our games available for you to play. Secondly, we also use your personal data to provide our other related services to you, such as support services and our forum. Additionally, we use it to monitor the performance of our services so that our games and other things work for you and your device, allow us to monitor for bugs, enforce our policies, notify you about changes, protect our services, deal with cheats and hacks, and protect you and our other users.
- We share it with some other companies on a strictly necessary basis so that they can provide services to us, like Steam information about how people are playing our games, or handling cheaters. We never sell your personal data, and you can find out more about who we share data with in the ‘Who do we share your data with?’ section below.
- We also sometimes need to use your personal data to comply with our legal obligations, including complying with the Digital Millennium Copyright Act and the E-Commerce Directive.
- If you give us your consent, we’ll also use your personal data to give you marketing updates from time to time. We’ll also never share your data with other companies to do their own marketing unless you give us consent to do so.

More about in-game chat

Whilst things like log in details, email addresses, and Steam information are more obvious, we want to draw your attention to our chat feature in Rust, Garry’s Mod and other games. We want our chat to be open and fun, so we won’t stop you from sharing your personal data there if you want to. We encourage you to be careful and not share anything too personal, like your phone number, home address, email address, or other social media information (we also suggest the same if you post on our forum).

We keep chat logs for 30 days and use some tools to analyse it to help keep everyone safe. These tools include an automated system to flag offensive language as well as manual review when necessary. We take the protection of children in particular seriously and will keep the safety tools we use under review to ensure they are adequate. If you have any concerns about the chat feature, or something you see in the chat, then please get in touch and we can look into it.

Who do we share your personal data with?

Bear in mind that Steam also collects personal data about people who play our games, but they don’t share this with us. Steam is a controller for the personal data it collects, and if you have concerns about this, head over to the Steam website and review their privacy policy (https://store.steampowered.com/privacy_agreement/). Similarly, if you share any content of your gameplay with any social media platform (such as Twitter, Twitch, YouTube or Discord) then these platforms will be controllers of any personal data you choose to share.

We also have some processors who collect personal data from our customers in order to carry out their services for us. This isn’t data we collect and share with them – they collect it directly from you. These processors include our server provider, our anti-cheating provider, our stats provider, our error-tracking provider, our customer support provider and our mass-mailing provider.

In the event of a reorganisation or merger of Facepunch we may transfer personal data to an involved third party who will protect this to at least the same level as we do in this policy.

Finally, we may share personal data with law enforcement if we believe there is a good reason to do so and if it will assist in any investigation.

How long do we keep personal data for?
We only keep personal data for as long as we need to, depending on the purpose for which it was collected. For example, we’ll need to keep your email address for as long as you want to remain subscribed to marketing emails. However, sometimes we have a legal obligation to keep personal data for longer, or we may need to keep it to resolve a dispute, or to prevent cheating or other inappropriate activities.

How do we keep personal data safe?

We have robust security arrangements in place to guard against your personal data being lost or stolen.

When we use third-party organisations to process your personal data, they must comply with contractual requirements and instructions.

If any of our processors are based outside of the UK or EEA we will ensure there is a secure and legal transfer system in place.

What rights do you have?

Data protection means that you have certain rights over the information we hold about you. This means that you can contact us and ask us to do certain things with your information, such as provide it to you or delete it. You can learn more about these rights here: https://ico.org.uk/your-data-matters/. In particular, we’d like to remind you that you can:
- ask us for a copy of the personal data we hold about you;
- ask us to change any information about you that is inaccurate;
- object to decisions about you being taken by automated means (i.e. where a computer makes a decision about you with no human involvement);
- where we have asked for your consent, you can change your mind and withdraw your consent at any time;
- ask us to stop using your information;
- ask us to share your personal data with another company;
- ask us to delete the information we hold about you; and
- ask us to stop sending you direct marketing.

If you wish to exercise any of your rights, please contact us at [email protected]. You can exercise these rights whether you’re an adult or a child.

Please be aware that each of these rights are qualified rights, meaning that there may be circumstances where we are unable to comply with your request. Once you make a request, and where we can comply, we will do so within one calendar month although we may have to extend this for more complex requests or where we have received a high volume.

You also have the right to complain to your data protection supervisory authority (this is the Information Commissioner’s Office in the UK), although we would ask that you try and settle any issues with us in the first instance.

What if I’m in California?

California residents who have an established business relationship with us have the right to request certain information with respect to the types of personal data we have shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be in writing and sent to: 'Facepunch Studios Ltd at Concept House, Elmore Green Road, Bloxwich, Walsall, West Midlands, WS3 2QW, United Kingdom’. This same California law permits us to provide you, in response to your written request, with a cost-free means to choose not to have your personal data shared rather than providing the above described information. If you want to do this, you can contact us at the address above.

Can this policy change?

Yes, as our business and the law develop, we will need to keep this policy up to date. We’ll make reasonable efforts to let you know if this happens, and you can decide whether you agree with the new policy or not. Unfortunately, if you don’t agree, then we won’t be able to provide our games or services to you. We'd also like to remind you that our Terms of Service has more information about how we operate the Facepunch services and you can find these here: www.facepunch.com/legal/tos.

Personal data of job applicants

Facepunch will also advertise jobs from time-to-time and invite people to apply. If you apply for a position at Facepunch then we will process your personal data and this section applies to you.
The personal data we collect when you apply for a job will be limited to that information you submit to us. This will include your name, previouspartnership, joint venture, employment history, CV, referees, and any supplementary information that you provide. We do not collect any special categories of personal data save that we will request you to provide any relevant health data where this is necessary for us to facilitate any interviews.

All personal data of job applicants will be processed solely for the purpose of assessing the merits of the candidates and suitability for the role for which they have applied. This will be processed in accordance with Facepunch’s legitimate interests. Where we process health data (as mentioned above) this will be processed for the purpose of complying with employment requirements.

Where candidates are successful and accept a job with Facepunch, their personal data will be held in as part of their HR file and retained in line with Facepunch’s staff privacy policy. Where candidates are unsuccessful, personal data will be held for a period of 12 months.

Job applicants should also review the above sections of this privacy policy which will be relevant to Facepunch’s processing of their personal data:
- Who are we?
- How do we keep personal data safe?
- What rights do you have?
- Can this policy change?or agency.

                FACEPUNCH
                Terms of Service<br><br>Last updated on 15 July 2025<br><br>IMPORTANT NOTICE FOR USERS IN THE UNITED STATES: PLEASE READ THESE
                 TERMS OF 
                SERVICE<br>Last updated
                USE CAREFULLY—THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY.  THEY ALSO REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND REQUIRE YOU TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.<br><br>A quick summary:<br>These are the (legally binding) terms and conditions for Facepunch’s games and services (which we call the Facepunch Services – see section 1.2 below for how we define this). In particular please note the following:<br>* Rules. There are rules (and consequences) regarding what you can and cannot do with the Facepunch Services, and in some situations these also apply outside the Facepunch Services (please see section 3 and 9 below).  In particular, if you are banned (e.g. for cheating) then you will lose access to the relevant game and any in-game purchases.<br>* Beta / Early Access. Some products and services we may release
                 on 
                18 July 2022<br><br>A quick summary:<br>These
                a ‘alpha’, ‘beta’ or ‘Early Access’ basis – these may contain bugs and require server / progress resets – please see section 2.4 for more details.<br>* Liability and Disputes. There
                 are 
                the (legally binding)
                rules and limits on liability and rules on dispute resolution (including mandatory arbitration and waiver of jury trial for claims brought in the USA) – see sections 9 and 12.<br>* s&box. This Agreement does not apply to s&box, for the s&box
                 terms 
                and conditions for Facepunch’s games and services (which we call the Facepunch Services –
                please
                 see 
                section 1.2 below for how we define this). In particular please note the following:<br>* Rules. There are rules (and consequences) regarding what you can and cannot do with the Facepunch Services(please see section 3 and 9 below). In particular, if you are banned for cheating then you will lose access to the relevant game and any in-game purchases.<br>* Beta / Early Access. Some products and services we may release on a ‘alpha’, ‘beta’ or ‘Early Access’ basis – these may contain bugs and require server / progress resets – please see section 2.4 for more details.<br>* Liability and Disputes. There are rules and limits on liability and rules on dispute resolution (including mandatory arbitration and waiver of jury trial if you live in the USA) – see sections 9 and 12.
                <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Ffacepunch.com%2Flegal%2Fsbox%2Feula" target="_blank" rel=" noopener">https://facepunch.com/legal/sbox/eula</a>.
                <br>* Contact. You can contact us on <a href="mailto:[email protected]">[email protected]</a> if you’ve got questions about this Agreement or general legal matters at Facepunch (polite note that email is only for legal matters, not general enquiries). For anything else,  please contact our support team at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fsupport.facepunchstudios.com%2Fhc%2Fen-us" target="_blank" rel=" noopener">https://support.facepunchstudios.com/hc/en-us</a>.
                <br>
                 
                <br>This Terms of Service (“Agreement”) explains what you can and cannot do with Facepunch games, products and services (which we explain below). We know legal wording is not much fun, so there’s also a quick summary of each section (but the full version is the legally binding one). Please also read our Code of Conduct 
                (<a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Ffacepunch.com%2Flegal%2Fcode-of-conduct" target="_blank" rel=" noopener">https://facepunch.com/legal/code-of-conduct
                <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fcode-of-conduct%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/code-of-conduct)
                </a>
                ).<br><br>6.2 Who
                , Fan Content and Broadcasting Guidelines <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fugc%2F%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/ugc/)</a>, Modding Guidelines <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fmodding%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/modding)</a>, IP Policy and Community Server & Hosting Guidelines <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fservers%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/servers)</a> and other legal guidance <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2F%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/)</a>. If you’d like to know more about our data practices, please see our Facepunch Privacy Policy <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2F%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/)</a>.<br><br>1. ABOUT THIS AGREEMENT<br><br>SUMMARY. We’re Facepunch, it applies to our games (like Garry’s Mod and Rust – but not s&box, which has its own set of terms), this is a legally binding document, we can change it as explained below, it contains a mandatory arbitration agreements and class action waiver for U.S.-based users; also check out our Privacy Policy and other legal fun. <br><br>1.1. What is this Agreement? This Agreement is a legally binding contract between you and Facepunch Studios Ltd, (incorporated and registered in England with company number 06848626) of 8th Floor, 103 Colmore Row, Birmingham, B3 3AG, United Kingdom, as well as the Facepunch group of companies (“Facepunch”). <br><br>1.2. What does this Agreement apply to? All of our video games (e.g. Garry’s Mod, Rust on PC, Chippy, Clatter) except s&box, our websites, any game keys or codes, Facepunch Virtual Goods (defined below), our software development kits, forums, assets and tools, plus all other Facepunch products and services (e.g. user accounts, customer and technical support, wikis, blogs and social media services) – we will refer to “Facepunch Services” to cover all of these things. To review the terms that apply to s&box, please see [LINK]. For the terms applying to Rust on PlayStation and Xbox, please see Double 11’s terms: <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Frust.double11.com%2Feula" target="_blank" rel=" noopener">https://rust.double11.com/eula</a> - please contact Double 11 for all queries and issues in relation to Rust on PlayStation and Xbox. <br><br>1.3. When does this Agreement apply to you? As soon as you download, install or use any of the Facepunch Services. If you do not agree to it, please do not use any of the Facepunch Services.<br><br>1.4. What happens if we change this Agreement and/or the Facepunch Services? We may make changes to the Facepunch Services and/or this Agreement for various reasons – such as to reflect changes in applicable laws or regulatory requirements and/or to implement technical changes or improvements (e.g., to address a security issue or changes in our business practices). If we make minor changes, these should not impact your use of the Facepunch Services. If we make more significant changes to the Facepunch Services and/or this Agreement, then we will endeavour to notify you reasonably in advance. Changes will come into effect either as soon as they go live (in the case of minor changes) or following expiry of any applicable notice period (if they are significant). If you do not agree to any significant changes, you may not continue to access the Facepunch Services (although we’re happy to discuss any appropriate next steps with you). <br><br>2. USING THE FACEPUNCH SERVICES<br><br>SUMMARY. You have the personal right to use the Facepunch Services (but Facepunch
                 owns 
                the SDKs? The SDKs,
                them).  You need to be at least 13 to use Facepunch Services. There are technical requirements for using them.<br><br>2.1. Use of Facepunch Services. Your use of the Facepunch Services is for you alone, so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else. Legally speaking, we give you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use the Facepunch Services on authorised devices/platforms. If any of them require a user account then you are responsible for keeping the account safe and secure; if someone else breaches this Agreement whilst using your account, this will not result in any sanctions being removed from your account. <br><br>2.2. Are there any age restrictions? Legally, you must be at least 13 years old to use the Facepunch Services, but this might be older depending on whether or not a particular Facepunch Service has a required minimum age rating. If you are between 13 and 18 (or whatever is the age of adulthood in your country), please ask your parent or guardian to review and approve this Agreement and to supervise your use of the Facepunch Services.   <br><br>2.3. Technical requirements. Some Facepunch Services will have minimum requirements (e.g. minimum computer specifications or require an internet connection) and it is your responsibility to ensure you meet these requirements before downloading or using them. In order to protect Facepunch, Facepunch users and to enforce this Agreement, Facepunch may deploy anti-cheat and/or other software tools that run in the background of your device or related devices/peripherals when you use the Facepunch Services. We may patch, update or change the Facepunch Services over time (e.g. to add or remove game features). This may result in mandatory and/or automatic updates, meaning older or un-updated versions may become unusable over time as a result. We may also stop supporting older devices/platforms over time, but we will use reasonable efforts to notify this to you in advance.<br><br>2.4. Beta/Early Access release. We may release some Facepunch Services before their full commercial release to test the features, capabilities, and performance of the product. This could be in prototype, alpha, beta or Early Access or other pre-full release mode. Please remember that these versions might contain bugs, we might add or remove features and there may be server/progress resets (including for Virtual Goods). We might set other requirements too but these will be notified to you. <br><br>2.5. What about third party access and content? We are not responsible for any third-party content on the Facepunch Services (e.g. links to third party sites on our social media) or third-party services which you access the Facepunch Services from (e.g. Steam). <br><br>3. RULES FOR USING THE FACEPUNCH SERVICES<br><br>SUMMARY. This section sets out the rules for you to follow when using the Facepunch Services – e.g. no hacking, cheating, harmful conduct etc. Breaking these rules could result in suspension or cancellation (temporary or permanent) of your access to the Facepunch Services,
                 including 
                loss of access to 
                any 
                improvements or updates to them, belong to Facepunch. Any mods made using the SDKs belong to you, subject to our
                Virtual Goods you have purchased.<br><br>3.1. Please follow these rules carefully since failure will be considered a material breach of this Agreement, which could lead to suspension or cancellation (temporary or permanent) of your access to the Facepunch Services. Here are the rules – you must NOT:<br><br>i. Personal Enjoyment only: use the Facepunch Services for any commercial purposes (unless permitted in the Fan Content Guidelines <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fugc%2F%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/ugc/)</a> or Modding Guidelines <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fmodding%29%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/modding))</a> or political purposes; <br><br>ii. Restricted Access: attempt to copy, rent, steal, sell, lend, lease, sublicense, distribute, publish or publicly display the Facepunch Services;<br><br>iii. Technical Misuse: modify, merge, distribute, translate, reverse engineer, decompile or attempt to obtain or use source code of the Facepunch Services unless you are specifically allowed by applicable law;<br><br>iv. Interfering: hack, harm, grief, harass, threaten, interrupt, interfere with or misuse the Facepunch Services, accounts, network software and services or Facepunch’s other users, community members or staff.<br><br>v. Cheating: create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, mining or other software that interact with or affect the Facepunch Services in any way. Encouraging cheating, knowingly playing with cheaters or benefitting from cheating (even if you’re not cheating yourself) will also be considered a breach of this rule. Mods are OK as long as they follow these rules, the Fan Content Guidelines <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fugc%2F%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/ugc/)</a> and the
                 Modding Guidelines <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fmodding%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/modding)</a>.<br><br>
                vi. No Advertising: post any commercial advertisement, promotion, spam or unsolicited messages through the Facepunch Services.<br><br>vii. Names/Trade Marks: use Facepunch, the names of any Facepunch Services or other Facepunch names or logos or trademarks for any commercial purpose without our permission.<br><br>viii. Infringing Content: do anything in connection with the Facepunch Services that infringes any copyright, trade mark, patent, trade secret, privacy, publicity, or other right of Facepunch or others.<br><br>ix. Conduct: do or say anything unlawful, racist, harassing, threatening, abusive, hateful, xenophobic, sexist, discriminatory, abusive, defamatory, obscene, invasive of the privacy of another person or otherwise offensive. This includes in any chat or other communications with users. Facepunch reserves the right to monitor the content of any of your messages and prevent your use of any such chat or other communication systems for any reason.<br><br>3.2. We use both human moderators and technological means to uphold our rules. This involves both reactive measures (e.g. following a report by a user or the authorities) and proactive steps to stop inappropriate User Generated Content appearing in the Facepunch Services (e.g. via use of chat filters). If you think that we have made an error regarding any suspension or cancellation (either of particular User Generated Content or your account), please contact us as set out in section 10.2.<br><br>3.3. <br>(i) To the extent permitted by applicable law, the rules in section 3.1. above apply not only to the Facepunch Services but also if you create User Generated Content based on our Games or engage with Facepunch or its staff in any way (e.g. via our website, social media or at in-person events). For example, Facepunch may take action against you (which may involve temporary or permanent suspension of access to our Games) if you harass, threaten or grief our staff on social media or via support tickets. <br><br>(ii) Similarly, the rules would apply to a livestream or video of our Game that promotes cheating or hacking, or where you engage in behaviour that may be deemed offensive, threatening or hateful. To be clear, Facepunch is not monitoring everything that happens outside of its Games, but if we are made aware of behaviour or activity involving our Games that breaches our Agreement then Facepunch has the right to act. <br><br>4. INTELLECTUAL PROPERTY RIGHTS<br><br>SUMMARY. The Facepunch Services are owned/licensed by Facepunch.<br><br>4.1. Who owns the Facepunch Services? Facepunch owns or licences the Facepunch Services in their entirety (e.g. their visual components, characters, story, items, music, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all intellectual property and other legal and exploitation rights regarding them), including any improvements or updates. All rights in the Facepunch Services are reserved except as explained in this Agreement. <br><br>5. FAN CONTENT, MODS AND COMMUNITY SERVERS <br><br>SUMMARY. We are pretty open about user generated content and stuff like that but there are some basic rules - you can read our Fan Content Guidelines here <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fugc%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/ugc)</a> and our Modding Guidelines here <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fmodding%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/modding)</a>. You are responsible for any content you share via the Facepunch Services.<br><br>5.1. What is our position on mods, community servers and fan content? You can read our Fan Content Guidelines <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fugc%2F%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/ugc/)</a> for our position on user generated content including fan art and videos/streams/Let’s Plays (“User Generated Content”). By posting any User Generated Content on the Facepunch Services you are giving us permission to use it (legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with the Facepunch Services). If you do not agree to this, please do not post any User Generated Content. For Mods and standalone tools/products based on our games, please see our Modding Guidelines at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.facepunch.com%2Flegal%2Fmodding" target="_blank" rel=" noopener">www.facepunch.com/legal/modding</a>. For community servers, please see our Community Server & Hosting Guidelines at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.facepunch.com%2Flegal%2Fservers" target="_blank" rel=" noopener">www.facepunch.com/legal/servers</a>.<br><br>5.2. What if someone is infringing my intellectual property rights? Please refer to our IP Policy <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fip%2F%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/ip/)</a> if you think someone is infringing your intellectual property rights. <br><br>6. SOFTWARE DEVELOPMENT KITS<br><br>SUMMARY. You can use our SDKs to make mods and other content for use in the Facepunch Services. Some basic legal rules apply.<br><br>6.1 Using our software development kits. You are welcome to use our publicly available software development kits, assets and tools (‘SDKs’) to enrich your experience with our games (such as our Rust World SDK found at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fgithub.com%2FFacepunch%2FRust.World%29" target="_blank" rel=" noopener">https://github.com/Facepunch/Rust.World)</a>. <br><br>6.2 Who owns the SDKs? The SDKs, including any improvements or updates to them, belong to Facepunch. Any mods made using the SDKs belong to you, subject to our Modding Guidelines <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fmodding%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/modding)</a>.<br><br>
                6.3 Are there any additional requirements you should know about? Yes, some SDKs may be subject to additional terms (such as an open source licence). Any additional legal terms will be detailed in the SDK’s description. If you are not sure, please contact us at <a href="mailto:[email protected]">[email protected]</a> before you use our SDKs.<br><br>7. VIRTUAL GOODS<br><br>SUMMARY. You may be able to buy and/or otherwise obtain things like cosmetics or in-game enhancements or and there are some additional legal rules for them. They do not have any “real world” monetary value and you cannot buy, sell or trade these with other users.<br><br>7.1. Do the Facepunch Services offer virtual goods? Certain Facepunch Services may let you purchase and/or otherwise obtain virtual, in-game digital items and content including cosmetic and in-game enhancements and other downloadable content (“Virtual Goods”).
                 
                <br><br>7.2. Are there any additional payment requirements you should know about? If you buy Virtual Goods, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for applicable fees and taxes. All payments are non-refundable and non-transferable except as expressly provided in this Agreement.<br><br>7.3. What are the legal requirements regarding Virtual Goods? Virtual Goods are digital items only with no cash-value or real world existence and they generally cannot be ‘bought’, ‘sold’, gifted, transferred, traded or redeemed in any way. There may be some platforms where the Virtual Goods do have some limited transfer rights, which will be explicitly authorised and permitted by Facepunch and the relevant platform (e.g. via the Steam marketplace). In legal terms, you receive a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use Virtual Goods solely for your personal entertainment and non-commercial use in the relevant Facepunch Service (except where explicitly authorised and permitted by Facepunch and the relevant platform), but Facepunch remains the legal owner of Virtual Goods at all times.
                 
                <br><br>7.4. Will these Virtual Goods expire, change or be revoked? Virtual Goods do not generally expire (unless they’re stated to expire or are consumables). Facepunch is entitled to revoke from users (without notice or compensation) any Virtual Goods that have been obtained by way of (e.g.) bug, hack, breach, or exploitation of the Facepunch Services. We are entitled to manage, regulate, control, discontinue, vary, modify and/or remove Virtual Goods at our discretion if we consider (acting reasonably) that this is necessary for the ongoing operation or protection of the Facepunch Services or for other legitimate business, legal or technical reasons. We will try to give you reasonable advance notice of any such changes where appropriate and discuss any appropriate next steps with you.<br><br>7.5. Can you refund purchases of the Facepunch Services and/or Virtual Goods?<br><br>Your refund rights will depend on the terms of any applicable device/platform via which you access the Facepunch Services on, in relation to Facepunch itself:<br><br>If you are resident in the United Kingdom or the European Union: By law you have the right to withdraw from a purchase of the Facepunch Services and/or Virtual Goods within 14 days of your purchase, without giving a reason. HOWEVER, when you make a purchase of Facepunch Services and/or Virtual Goods, the relevant platform (e.g. Steam) will obtain your consent to the immediate supply of Facepunch Services and/or Virtual Goods and your acknowledgement that you will lose your withdrawal right as soon as that supply begins. This means that you lose your right of withdrawal as soon as your account is provided with access to the relevant Facepunch Services and/or Virtual Goods (which is typically straight away). You may also have statutory refund (and other) rights if we supply you Facepunch Services which are in breach of our statutory obligations (e.g. it’s not fit for purpose or not as described).<br><br>If you are resident elsewhere in the world outside the United Kingdom or European Union (including the USA): All purchases are final and no refunds will be made or returns accepted (except where you have a legal entitlement to this, if applicable).
                  
                <br><br>8. FEEDBACK OR SUGGESTIONS<br><br>SUMMARY. Feedback and suggestions are great (thank you!) but at our discretion without responsibility/liability.<br><br>We always welcome and appreciate feedback and suggestions (you can send these to <a href="mailto:[email protected])">[email protected])</a> but we may choose not to use or accept them at our discretion. In any event the feedback/suggestions will be received by us without any credit, compensation, obligations or liability to you. If you provide Facepunch with any feedback or suggestions, you hereby grant Facepunch a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable, and transferable licence to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all feedback and / or suggestions for any purposes, for all current and future methods and forms of exploitation.
                  
                <br><br>9. LIABILITY<br><br>SUMMARY. Here we explain a bit further how you and we are legally responsible to each other. We ask for certain legal protections from you.<br>
                <br>
                9.1. Limitation of liability 
                (UK, EU).
                (UK and EU only).
                <br><br>This section applies to you if you are resident in the United Kingdom or European Union. If you are resident in the United States of America or other non-UK/EU territory, please see section 9.3 below.<br><br>1. We do not exclude or limit (or seek to exclude or limit) our liability to you where it would be unlawful to do so. This includes our liability for:<br>* death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors);<br>* fraud or fraudulent misrepresentation;<br>* breach of your statutory rights as a consumer; or<br>* other liability which may not be excluded by applicable law.<br><br>2. We only supply the Facepunch Services for domestic and private use. If you use the Facepunch Services for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.<br><br>3. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement, or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was agreed to, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.<br><br>4. If the Facepunch Services damage a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or have in place the advised minimum technical requirements.<br><br>9.2 Subject always to 9.1. above: (i) the total liability of Facepunch (and its group companies) arising out of or in connection with this Agreement will not exceed the total amount you have paid to us under this Agreement during the twelve (12) months immediately prior to the event which caused the liability; and (ii) the Facepunch Services are provided on an “as is” basis and we make no specific warranty or representation in relation to the quality, completeness or accuracy of the Facepunch Services.<br><br>9.3. Limitation of liability 
                (USA).
                (USA and non-UK and EU countries). 
                <br><br>The following section 
                does
                applies to users in the USA and other non-EU and UK countries.  . <br><br>(I) OUR DISCLAIMERS. THE FACEPUNCH SERVICES (INCLUDING ANY UPDATES) ARE PROVIDED TO YOU ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE FACEPUNCH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACEPUNCH, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR ‘LOSS’ RELATING TO THE FACEPUNCH SERVICES.  YOU UNDERSTAND THAT CERTAIN PORTIONS OF THE FACEPUNCH SERVICES ARE MADE POSSIBLE BY THIRD PARTIES. YOU AGREE THAT FACEPUNCH DOES NOT CONTROL ANY THIRD PARTIES AND WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR HARM THAT THEY CAUSE EITHER DIRECTLY OR INDIRECTLY.<br>(II) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FACEPUNCH, ITS AFFILIATES, PARTNERS AND LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES, OR (2) DAMAGES ARISING FROM INTERRUPTIONS; DELETION OF FILES, EMAIL, OR DATA; SYSTEM ERROR, FAILURE OR MALFUNCTION; VIRUSES; DELAYS IN OPERATION OR TRANSMISSION; OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL; OR (3) YOUR MISUSE OF THE FACEPUNCH SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE FACEPUNCH SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. <br><br>OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE FACEPUNCH SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).<br>IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.<br>(III) YOUR INDEMNITY TO US. IF SOMEONE SUES FACEPUNCH, ITS AFFILIATES, OR LICENSORS, YOU MAY HAVE TO PAY FOR THEIR DEFENSE AND LEGAL FEES.  YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ON DEMAND FACEPUNCH, ITS AFFILIATES, LICENSORS AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS, FROM AND AGAINST ANY AND ALL CLAIMS ASSERTED AGAINST ANY OF THEM ARISING OUT OF OR RELATING YOUR USE OR ACTUAL OR ALLEGED MISUSE OF THE FACEPUNCH SERVICES, VIOLATION OF THESE TERMS, OR YOUR NEGLIGENCE OR MISCONDUCT.  THIS APPLIES TO ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES AND COSTS, ARISING FROM SUCH CLAIMS.  .. IF CLAIMS ARE BROUGHT AGAINST US, THEN YOU WILL COOPERATE FULLY WITH US AND WE RESERVE THE RIGHT TO TAKE OVER THEIR DEFENCE SUBJECT TO INDEMNIFICATION BY YOU. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT. <br><br>(IV) INJUNCTIVE RELIEF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER ARE NOT IRREPARABLE, AND OTHER REMEDIES WILL BE ADEQUATE, SUCH THAT YOU ARE NOT ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.<br><br>(V) Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. <br><br>10. TERMINATION<br><br>SUMMARY. You can terminate this Agreement by stopping use of all Facepunch Services. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Facepunch Services if you seriously breach this Agreement (including cheating in our games).<br><br>10.1. When and how can you terminate this Agreement? You can terminate this Agreement at any time by permanently stopping use of all Facepunch Services. Termination will
                 not 
                apply to you if you are resident in the United Kingdom or European Union or countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident in the USA.<br><br>(I) OUR DISCLAIMERS. THE FACEPUNCH SERVICES (INCLUDING ANY UPDATES) ARE PROVIDED TO YOU ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE FACEPUNCH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FACEPUNCH, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR ‘LOSS’ RELATING TO THE FACEPUNCH SERVICES.<br><br>(II) OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE FACEPUNCH SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).<br><br>(III) YOUR INDEMNITY TO US. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ON DEMAND FACEPUNCH, ITS AFFILIATES, LICENSORS AND PARTNERS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES, IN CONNECTION WITH ANY ALLEGED OR ACTUAL BREACH BY YOU OF THIS AGREEMENT. IF CLAIMS ARE BROUGHT AGAINST US, THEN YOU WILL COOPERATE FULLY WITH US AND WE RESERVE THE RIGHT TO TAKE OVER THEIR DEFENCE. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT.<br><br>(IV) INJUNCTIVE RELIEF. YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER ARE NOT IRREPARABLE OR SUFFICIENT, AND OTHER REMEDIES WILL BE ADEQUATE, SUCH THAT YOU ARE NOT ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.<br><br>(V) Residents of California. If you reside in the state of California you are entitled to the following specific consumer
                affect already existing
                 rights 
                information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”<br><br>10. TERMINATION<br><br>SUMMARY. You
                or obligations of us or you.<br><br>10.2. When
                 can 
                we suspend or 
                terminate 
                this Agreement by stopping use of all
                your access to the
                 Facepunch 
                Services. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Facepunch Services if you seriously breach this Agreement (including cheating in our games).<br><br>10.1. When and how can you terminate this Agreement? You can terminate this Agreement at any time by permanently stopping use of all Facepunch Services. Termination will not affect already existing rights or obligations of us or you.<br><br>10.2. When can we suspend or terminate your access to the Facepunch 
                Services?
                 
                <br><br>- We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Facepunch Services (including access to Virtual Goods) if you materially breach this Agreement (e.g.  the rules in section 3 above, our Code of Conduct or any other breach which is serious and/or which could cause real harm to Facepunch, the Facepunch Services or other Facepunch Services users. If we cancel or suspend your account in this way we will not have any obligations or liabilities to you at all. Regarding bans:<br>
                <br>
                - If you have questions about any game ban or suspension we have issued, then you can contact our support team 
                (<a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fsupport.facepunchstudios.com%2Fhc%2Fen-us" target="_blank" rel=" noopener">https://support.facepunchstudios.com/hc/en-us
                <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28https%3A%2F%2Fsupport.facepunchstudios.com%2Fhc%2Fen-us%29" target="_blank" rel=" noopener">(https://support.facepunchstudios.com/hc/en-us)
                </a>
                )
                 and we will use reasonable efforts to explain why we have done this (though we will not be obliged to do so) and what (if anything) you can do as a result.
                 
                <br>- If your ban has been issued by Easy Anti-Cheat and you would like to appeal, please visit: <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.easy.ac%2Fen-us%2Fsupport%2Fgame%2Fcontact%2Fappeal%2F" target="_blank" rel=" noopener">https://www.easy.ac/en-us/support/game/contact/appeal/</a>.
                 
                <br>- If your ban has been issued by Valve (VAC), please visit: <a class="bb_link" href="https://help.steampowered.com/en/faqs/view/571A-97DA-70E9-FF74" target="_blank" rel>https://help.steampowered.com/en/faqs/view/571A-97DA-70E9-FF74</a>.
                 
                <br><br>10.3. If Facepunch decides itself to stop providing any Facepunch Services permanently, we will try to give you at least sixty (60) days’ notice.
                 
                <br><br>11. GOVERNING LAW
                 & JURISDICTION FOR RESIDENTS IN THE U.K., E.U. AND ELSEWHERE (BUT NOT THE UNITED STATES)
                <br><br>SUMMARY. Any legal questions / complaints / claims regarding this Agreement are under English law and jurisdiction for users all around the world except 
                for 
                users 
                in the United States, whose Disputes with Facepunch Parties are governed by Section 12.2.<br><br>11.1. If you are 
                resident in the 
                USA, who
                United Kingdom, European Union or elsewhere in the world (but not the USA):<br><br>You and we agree that your use of the Facepunch Services, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of England and any dispute regarding it will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the law of your country of residence. Notwithstanding the foregoing, if you have a Dispute with Facepunch Parties that arises under U.S. law, that Dispute must be resolved through individual arbitration in accordance with Section 12.3 below.<br><br>11.2. If you
                 are 
                in the United States, or have a Dispute with Facepunch Parties that arises 
                under 
                California law and jurisdiction.<br><br>11.1. If you are resident in the United Kingdom, European Union or elsewhere in the world (but not the USA):<br>You and we agree that your use of the Facepunch Services, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of England and any dispute regarding it will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the law of your country of residence.<br><br>11.2. If you are resident in the USA:<br>To the extent not covered by the Dispute Resolution and Arbitration language below, you and we agree that your use of the Facepunch Services, and this Agreement, and any issues arising out of them, will be deemed to be entered into in San Francisco, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law) without regard to choice of law principles. Any legal claim by you against Facepunch, to the extent not covered by the Dispute Resolution and Arbitration language below, will be made exclusively in state or federal court located in San Francisco, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, you waive any rights to argue that the state and federal courts in San Francisco, California are an improper venue. In any legal claim under this Agreement, the side who wins will be entitled to its legal fees and expenses.
                U.S. law, please see section 12.2 below.
                <br><br>12. DISPUTE RESOLUTION AND BINDING ARBITRATION<br><br>SUMMARY. If you have any concerns or issues you can contact us at <a href="mailto:[email protected]">[email protected]</a>. We hope we can resolve any complaints with you through informal dispute resolution. If we can't resolve a dispute with you informally, if you are in the UK or EU you can bring formal proceedings against 
                us and
                us.  If you are in the United States, or have a Dispute with Facepunch Parties that arises under U.S. law, your Dispute must be resolved through individual arbitration instead of court trials and class action per Section 12.2 below.<br><br>12.1. Informal dispute resolution
                 if you 
                are
                live
                 in the 
                US,
                United Kingdom, European Union or elsewhere
                 in 
                most cases you can commence arbitration through the American Arbitration Association.<br><br>12.1. Informal dispute resolution:
                the world (but not the USA):<br>
                <br>We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally - you can contact us at <a href="mailto:[email protected]">[email protected]</a>. Normally we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live.
                <br><br>12.2. Dispute resolution next steps: if
                 <br>Notwithstanding the foregoing,
                 you
                 live in the United Kingdom, European Union or elsewhere in the world (but not the USA):<br>You
                 and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against Facepunch, you should address it to <a href="mailto:[email protected]">[email protected]</a>.<br><br>
                IMPORTANT: IF YOU LIVE
                12.2. Dispute resolution, Mandatory Arbitration and Class Action Waiver (if you live in the USA ONLY):<br><br>THIS SECTION IS ONLY APPLICABLE TO USERS
                 IN THE 
                USA, 
                UNITED STATES, OR USERS THAT HAVE A DISPUTE WITH FACEPUNCH PARTIES THAT ARISES UNDER U.S. LAW.  
                PLEASE READ 
                THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO 
                THE 
                FOLLOWING SECTIONS CAREFULLY (I.E. THE REST OF SECTION 11) AS IT REQUIRES YOU TO ARBITRATE DISPUTES BETWEEN US ON AN INDIVIDUAL BASIS.<br><br>12.3.
                FULLEST EXTENT PERMITTED BY APPLICABLE LAW. <br><br>(a) Mandatory Individual Arbitration: <br><br>Any dispute, claim, or controversy between you and Facepunch, and Facepunch’s predecessors in interest, successors, parents, subsidiaries, affiliates, and assigns, as well as each of their respective past, present, and future employees, directors, officers, shareholders, independent contractors, parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns (collectively, “Facepunch Parties”), including but not limited to disputes, claims, or controversies related to or arising from the Facepunch Services, or this Agreement, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of this Agreement and this Arbitration Agreement (collectively “Dispute”), whether such
                 Dispute 
                arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute 
                resolution 
                next steps: if
                procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel. <br><br>Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below,
                 you 
                live
                and Facepunch Parties each retain the right to seek injunctive or other equitable relief
                 in 
                the USA (only):<br><br>(a)
                a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by Facepunch Parties against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.<br><br>If any court or arbitrator determines that this Arbitration
                 Agreement 
                to Arbitrate:<br>We and
                is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then
                 you 
                may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.<br>If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in New York, the State of New York , and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.<br><br>If you or Facepunch Parties files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.<br><br>(b) Class Action/Jury Trial Waiver<br><br>You and Facepunch Parties 
                agree 
                to resolve all disputes and claims between
                that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding. This means that you and Facepunch Parties may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim.  <br><br>Unless both you and Facepunch Parties agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, representative, or consolidated proceeding. Notwithstanding the foregoing, you or Facepunch Parties may participate in a class-wide settlement.<br><br>(c) Opt-Out Procedures<br><br>To opt out of this Arbitration Agreement, you must send
                 us 
                on an individual basis through binding arbitration, including without limitation any claims arising from or relating to this Agreement, any part of the relationship between you and us, or your use of the Facepunch Services, except as set forth under “Exceptions to Informal Dispute Resolution and Agreement to Arbitrate” below.  The US Federal Arbitration Act and federal arbitration law applies to this agreement.<br><br>"Arbitration" is 
                a 
                consensual dispute resolution process where both sides present their case to a neutral arbitrator rather than a judge or jury.  Arbitration is less formal than court litigation and review of an arbitrator’s decision
                written notice (“Opt-Out Notice”)
                 by 
                a court is limited.  To be clear: by choosing arbitration you and we give up the right to have any dispute between us heard in court before a judge and/or jury.<br><br>Individual Arbitration Only: You and we agree that arbitration will be conducted only on an individual basis and not as a class, consolidated or representative arbitration.<br><br>(b) How to start an arbitration:<br>Either of us can commence arbitration by filing an arbitration demand with the AAA that describes the claim and desired remedy. Notice sent to Facepunch should be sent by mail and by email. You or Facepunch may bring an arbitration
                email
                 at
                 the American Arbitration Association (“AAA”) located in San Francisco, California.<br><br>(c) The rules for the arbitration:<br>The arbitration will be governed by the AAA under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules (available at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.adr.org" target="_blank" rel=" noopener">http://www.adr.org</a>), as modified by this Agreement. The arbitrator will be bound by this Agreement.<br><br>The arbitration shall be conducted in English by a single arbitrator with substantial experience in intellectual property and commercial contract disputes, selected pursuant to AAA rules. The arbitration hearing may be conducted through the submission of documents, by phone, or in person, and must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed by you and Facepunch.  Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as appropriate.<br><br>If you seek US $10,000 or less, Facepunch will reimburse your filing fee and your share of the arbitration costs (but not your attorney’s fees or expert witness fees), at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable.  Facepunch will only seek its legal fees and costs if it prevails and the arbitrator determines your claims are meritless. If you seek more than US $10,000, then the arbitration costs, including arbitrator compensation, will be split between you and Facepunch per the applicable AAA rules.<br><br>12.4. Exceptions to Informal Dispute Resolution and Agreement to Arbitrate<br>The dispute resolution and arbitration requirements do not apply to claims or disputes that relate to claims of intellectual property rights infringement or claims of unauthorised use, piracy, theft or misappropriation.<br><br>12.5. Limitation on Claims<br>You and Facepunch agree that, regardless of any statute or law to the contrary, any claim arising out of or related to the Facepunch Services must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred.  You agree that these dispute resolution and binding arbitration provisions will survive any termination of your account or the Facepunch Services.<br><br>SUMMARY. If you live in the USA or the rest of the world (but not the UK or EU), you and we agree not to bring any class action or similar collective legal action against each other. We will resolve legal disputes with each other through the process outlined above.<br><br>12.6. Waiver of class action and collective action remedies:<br>To the maximum extent permitted by the national or state law applicable, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration in relation to the Facepunch Services or this Agreement. That means, to the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-wide basis or to utilize class action procedures; and (3) 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.<br><br>If the previous paragraph is found illegal or unenforceable for any reason, you and Facepunch agree that any class, representative private attorney general action claim or dispute will be resolved in court.<br><br>13. OTHER LEGAL MATTERS<br><br>SUMMARY. This section sets out a few additional, hopefully self-explanatory rules about how this Agreement works legally. For example, this Agreement is just between you and us, we might be required to comply with law enforcement requests etc.<br><br>i. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it;<br>ii. This Agreement does not create any rights for anyone else;<br>iii. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls;<br>iv. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Facepunch Services or this Agreement;<br>v. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of the Facepunch Services, as part of any reorganisation or merger, or for other business reasons provided that this does not negatively affect your rights under this Agreement (or alternatively with your consent).<br>vi. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy; and<br>vii. This Agreement does not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.<br><br>FACEPUNCH PRIVACY POLICY<br>Last updated on 25 October 2022<br><br>Tl;dr<br>- This policy tells you what you need to know about what information we collect about you, as well as how, when, and why we collect it, what we do with it and how long we keep it for (this information is known as personal data).<br>- Basically, we collect personal data to provide our games and other services to you, improve those services, and protect our games and our players from cheating and other inappropriate behaviour.<br>- We collect personal data when you play our games or sign up for our other services, when you use our chat features (although we normally delete this data after 30 days) and when you send us messages.<br>- We don’t sell your personal data to anyone, but we do have to share it with some other companies so that they can help us run our business.<br>- We only keep your data for as long as we need it, and you have rights to ask us to do things like delete it, give you a copy of it, or correct it where it’s wrong.- You can contact us on
                 <a href="mailto:[email protected]">[email protected]</a> 
                within 30 days from the date that you first agree to this Agreement (the “Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound by this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of Facepunch Parties’ arbitration agreements and class action provisions.  <br>If you opt out of this Arbitration Agreement, all other provisions of this Agreement will continue to apply to you. Additionally, 
                if 
                you’ve got questions about data protection or general
                you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. If you timely provide Facepunch Parties with a valid Opt-Out Notice, and you are not bound to any previous or other arbitration agreements with Facepunch Parties, all Disputes between you and Facepunch Parties shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in New York, the State of New York, and all Disputes shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.<br><br>If Facepunch Parties make any future changes to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), Facepunch Parties will provide you with notice (to the extent we have your contact information). You may reject any such change by sending an email to Facepunch Parties at <a href="mailto:[email protected]">[email protected]</a> within 30 days of the posting of the amended arbitration agreement that provides: (i) your full
                 legal 
                matters at
                name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the SteamID64, username or email address associated with any purchase from Valve Corporation. This is not an opt out of arbitration altogether.  Your continued use of the
                 Facepunch 
                - please note we will ignore any emails unrelated to these topics. If
                Services after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.<br><br>(d) Rules and Governing Law<br><br>Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: In the event of a Dispute,
                 you 
                have game or
                and Facepunch Parties each agree to send the
                 other 
                general queries, please contact our support team at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fsupport.facepunchstudios.com%2Fhc%2Fen-us" target="_blank" rel=" noopener">https://support.facepunchstudios.com/hc/en-us</a>.<br>- We also collect personal data of those that apply to work at Facepunch.  If
                party a written Notice of Dispute. A Notice of Dispute from
                 you 
                apply for a job at
                to
                 Facepunch 
                please read the final section of this privacy policy (personal data of job applicants) to understand how we will use your personal data.<br><br>Who are we?<br><br>We are Facepunch Studios Ltd (incorporated and registered in England with company number 06848626) of Concept House, Elmore Green Road, Bloxwich, Walsall, West Midlands, WS3 2QW, United Kingdom as well as the Facepunch group of companies ('Facepunch'). We are the creators of Garry’s Mod, Rust and other games. Because of how we collect personal and data, and the fact that we don’t do this under anyone else’s instructions, we are the controller for your personal data. This means that we decide how we process the personal data we hold about you. We are registered as a controller with the Information Commissioner’s Office and our registration number is: ZA443931.<br>What / who is this policy for?<br><br>This policy applies to all of our games (except Rust on console – more on that below), apps, websites (including this one), forum, support services, software development kits, online tools, blogs, social media accounts, and any other products and services we offer. We may collect some personal data about you when you use or interact with any of these services, so the policy applies to you whenever this is the case. Personal data means any information about you or that identifies you.<br>If you’d like to know more about your personal data for the Xbox and PlayStation versions of Rust, the publisher (and controller) of those versions is Double Eleven (please see their privacy policy here: <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Frust.double11.com%2Fprivacy-policy" target="_blank" rel=" noopener">https://rust.double11.com/privacy-policy</a>).<br><br>What about children?<br><br>If you’re under 18 (or a parent or guardian), then this section is especially important. We recognise that we have a special obligation to protect personal data obtained from children. Legally, you
                Parties
                 must be 
                at least 13 to use our games and services (although some of our games may have a higher age rating). However, we don’t collect or store your age or date of birth. If you don’t understand something on this page, then please ask your parent or guardian to help.<br>We do not knowingly collect personal data of anyone under the age of 13 without parental or guardian consent. If you’re a parent or guardian and are concerned about how we process your child’s personal data, please do get in touch at
                emailed to
                 <a href="mailto:[email protected]">[email protected]</a>.
                <br><br>What data do
                 Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Facepunch Services, and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice of Dispute. The Notice of Dispute must be individualized, meaning it can concern only your dispute and no other person’s dispute. Facepunch Parties will send any Notice of Dispute to you at the email address or mailing address it has for you, if any. <br><br>After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and
                 we 
                collect and
                agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. <br><br>Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Facepunch Parties have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.<br><br>If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and Facepunch Parties each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator. <br><br>The arbitration will be administered by the AAA under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules (available at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.adr.org%29" target="_blank" rel=" noopener">http://www.adr.org)</a>, as modified by this Agreement. The arbitration shall be conducted in English by a single arbitrator with substantial experience in intellectual property and commercial contract disputes, selected pursuant to AAA rules. The arbitration hearing may be conducted through the submission of documents, by phone, or in person, and must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed by you and Facepunch.  Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as appropriate. <br> <br>If you seek US $10,000 or less, Facepunch will reimburse your filing fee and your share of the arbitration costs (but not your attorney’s fees or expert witness fees), at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable.  Facepunch will only seek its legal fees and costs if it prevails and the arbitrator determines your claims are meritless. If you seek more than US $10,000, then the arbitration costs, including arbitrator compensation, will be split between you and Facepunch per the applicable AAA rules.<br><br>(e) Severability & Survival<br><br>If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein. Notwithstanding the foregoing, if any court or arbitrator determines that the Class Action/Jury Trial Waiver set forth in this Arbitration Agreement is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis, then, after the exhaustion of all appeals of that determination, you and Facepunch Parties shall be deemed not to have agreed to arbitrate Disputes, and your Dispute must be litigated in a federal or state court of competent jurisdiction in New York, the State of New York, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice or conflict of law principles.  <br><br>This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Facepunch Parties. <br><br>13. OTHER LEGAL MATTERS<br><br>SUMMARY. This section sets out a few additional, hopefully self-explanatory rules about
                 how 
                do
                this Agreement works legally. For example, this Agreement is just between you and us,
                 we 
                collect it?<br>- Email address –
                might be required to comply with law enforcement requests etc.<br><br>i. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it;<br>ii. This Agreement does not create any rights for anyone else; <br>iii. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls;<br>iv. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Facepunch Services or this Agreement;<br>v. We can assign, subcontract or transfer this Agreement to a third party or another member of our group
                 if 
                necessary for the support of the Facepunch Services, as part of any reorganisation or merger, or for other business reasons provided that this does not negatively affect your rights under this Agreement (or alternatively with your consent). <br>vi. No failure or delay by us or 
                you 
                email customer service or sign up to one of our services using your email address, we
                to exercise any right or remedy provided under this Agreement or by law
                 will 
                hold this data so
                constitute a waiver of
                 that 
                we can help and respond to you.<br>- Real name – this may be provided voluntarily
                or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy
                 by 
                us or 
                you 
                if you contact
                will preclude or restrict the further exercise of that or any other right or remedy; and<br>vii. This Agreement does not create any exclusive relationship between
                 us 
                or use it to sign up to one of our services.<br>- SteamID64 and Steam username – if you access some of our services.<br>- Forum username – created when you sign up to our forum.<br>- IP address – your computer’s internet address, which is collected when you sign up to our forum or use some of our services.<br>- Device push token – collected from Rust+ and deleted after 40 days.<br>- Push notification history – collected from Rust+ and deleted after 7 days.<br>- Information about servers that you have enabled push notifications from, and which channels you’ve opted out from – collected from Rust+ and retained indefinitely.<br>- Chat logs from in-game – for example, in Rust, we have an open chat feature where you can say anything you like (within a few rules that are there for safety). If you write anything in the chat that is your personal data, we have this on our servers for 30 days.<br><br>In most of the above situations, we’re collecting personal data because it’s necessary. However, personal data you provide voluntarily is handled differently: where you contact us with
                nor
                 any 
                questions or use our chat functionality, this will be processed on the basis of our legitimate interests; and where you subscribe to our marketing and newsletters this will be processed on the basis of your consent.<br><br>If you contact us via social media platforms, we may process personal data that you provide. This will also be made available to the social media platform so you should also check their privacy policies before reaching out.<br><br>We don’t deal with any payment information, which is handled by the platforms we use, such as Steam, the Apple App Store, and Google Play. Even if you make an in-game purchase, we just get a notification from our platform partner – we don’t see your payment details.<br><br>We also use some cookies in order to maintain and improve our website and services. Please do have a read of our cookie policy <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.facepunch.com%2Flegal%2Fcookie%29" target="_blank" rel=" noopener">(www.facepunch.com/legal/cookie)</a> for more information and to see how to manage your cookie preferences.<br><br>What do we do with your personal data?<br><br>We only process your personal data in accordance with the law in the UK, where we are based – this includes the GDPR, the Data Protection Act 2018, and the Age Appropriate Design Code (aka The Children’s Code).<br>- We use your personal data to run, maintain, and improve our services, as well as to communicate with you (e.g. by email). The most obvious way we use your personal data is to make our games available for you to play.  Secondly, we also use your personal data to provide our other related services to you, such as support services and our forum.  Additionally, we use it to monitor the performance of our services so that our games and other things work for you and your device, allow us to monitor for bugs, enforce our policies, notify you about changes, protect our services, deal with cheats and hacks, and protect you and our other users.<br>- We share it with some other companies on a strictly necessary basis so that they can provide services to us, like Steam information about how people are playing our games, or handling cheaters. We never sell your personal data, and you can find out more about who we share data with in the ‘Who do we share your data with?’ section below.<br>- We also sometimes need to use your personal data to comply with our legal obligations, including complying with the Digital Millennium Copyright Act and the E-Commerce Directive.<br>- If you give us your consent, we’ll also use your personal data to give you marketing updates from time to time. We’ll also never share your data with other companies to do their own marketing unless you give us consent to do so.<br><br>More about in-game chat<br><br>Whilst things like log in details, email addresses, and Steam information are more obvious, we want to draw your attention to our chat feature in Rust, Garry’s Mod and other games. We want our chat to be open and fun, so we won’t stop you from sharing your personal data there if you want to. We encourage you to be careful and not share anything too personal, like your phone number, home address, email address, or other social media information (we also suggest the same if you post on our forum).<br><br>We keep chat logs for 30 days and use some tools to analyse it to help keep everyone safe. These tools include an automated system to flag offensive language as well as manual review when necessary. We take the protection of children in particular seriously and will keep the safety tools we use under review to ensure they are adequate. If you have any concerns about the chat feature, or something you see in the chat, then please get in touch and we can look into it.<br><br>Who do we share your personal data with?<br><br>Bear in mind that Steam also collects personal data about people who play our games, but they don’t share this with us. Steam is a controller for the personal data it collects, and if you have concerns about this, head over to the Steam website and review their privacy policy (<a class="bb_link" href="https://store.steampowered.com/privacy_agreement/" target="_blank" rel>https://store.steampowered.com/privacy_agreement/</a>). Similarly, if you share any content of your gameplay with any social media platform (such as Twitter, Twitch, YouTube or Discord) then these platforms will be controllers of any personal data you choose to share.<br><br>We also have some processors who collect personal data from our customers in order to carry out their services for us. This isn’t data we collect and share with them – they collect it directly from you. These processors include our server provider, our anti-cheating provider, our stats provider, our error-tracking provider, our customer support provider and our mass-mailing provider.<br><br>In the event of a reorganisation or merger of Facepunch we may transfer personal data to an involved third party who will protect this to at least the same level as we do in this policy.<br><br>Finally, we may share personal data with law enforcement if we believe there is a good reason to do so and if it will assist in any investigation.<br><br>How long do we keep personal data for?<br>We only keep personal data for as long as we need to, depending on the purpose for which it was collected. For example, we’ll need to keep your email address for as long as you want to remain subscribed to marketing emails. However, sometimes we have a legal obligation to keep personal data for longer, or we may need to keep it to resolve a dispute, or to prevent cheating or other inappropriate activities.<br><br>How do we keep personal data safe?<br><br>We have robust security arrangements in place to guard against your personal data being lost or stolen.<br><br>When we use third-party organisations to process your personal data, they must comply with contractual requirements and instructions.<br><br>If any of our processors are based outside of the UK or EEA we will ensure there is a secure and legal transfer system in place.<br><br>What rights do you have?<br><br>Data protection means that you have certain rights over the information we hold about you. This means that you can contact us and ask us to do certain things with your information, such as provide it to you or delete it. You can learn more about these rights here: <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fico.org.uk%2Fyour-data-matters%2F" target="_blank" rel=" noopener">https://ico.org.uk/your-data-matters/</a>. In particular, we’d like to remind you that you can:<br>- ask us for a copy of the personal data we hold about you;<br>- ask us to change any information about you that is inaccurate;<br>- object to decisions about you being taken by automated means (i.e. where a computer makes a decision about you with no human involvement);<br>- where we have asked for your consent, you can change your mind and withdraw your consent at any time;<br>- ask us to stop using your information;<br>- ask us to share your personal data with another company;<br>- ask us to delete the information we hold about you; and<br>- ask us to stop sending you direct marketing.<br><br>If you wish to exercise any of your rights, please contact us at <a href="mailto:[email protected]">[email protected]</a>. You can exercise these rights whether you’re an adult or a child.<br><br>Please be aware that each of these rights are qualified rights, meaning that there may be circumstances where we are unable to comply with your request.  Once you make a request, and where we can comply, we will do so within one calendar month although we may have to extend this for more complex requests or where we have received a high volume.<br><br>You also have the right to complain to your data protection supervisory authority (this is the Information Commissioner’s Office in the UK), although we would ask that you try and settle any issues with us in the first instance.<br><br>What if I’m in California?<br><br>California residents who have an established business relationship with us have the right to request certain information with respect to the types of personal data we have shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be in writing and sent to: 'Facepunch Studios Ltd at Concept House, Elmore Green Road, Bloxwich, Walsall, West Midlands, WS3 2QW, United Kingdom’. This same California law permits us to provide you, in response to your written request, with a cost-free means to choose not to have your personal data shared rather than providing the above described information. If you want to do this, you can contact us at the address above.<br><br>Can this policy change?<br><br>Yes, as our business and the law develop, we will need to keep this policy up to date. We’ll make reasonable efforts to let you know if this happens, and you can decide whether you agree with the new policy or not. Unfortunately, if you don’t agree, then we won’t be able to provide our games or services to you. We'd also like to remind you that our Terms of Service has more information about how we operate the Facepunch services and you can find these here: <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.facepunch.com%2Flegal%2Ftos" target="_blank" rel=" noopener">www.facepunch.com/legal/tos</a>.<br><br>Personal data of job applicants<br><br>Facepunch will also advertise jobs from time-to-time and invite people to apply. If you apply for a position at Facepunch then we will process your personal data and this section applies to you.<br>The personal data we collect when you apply for a job will be limited to that information you submit to us. This will include your name, previous
                partnership, joint venture,
                 employment 
                history, CV, referees, and any supplementary information that you provide. We do not collect any special categories of personal data save that we will request you to provide any relevant health data where this is necessary for us to facilitate any interviews.<br><br>All personal data of job applicants will be processed solely for the purpose of assessing the merits of the candidates and suitability for the role for which they have applied.  This will be processed in accordance with Facepunch’s legitimate interests. Where we process health data (as mentioned above) this will be processed for the purpose of complying with employment requirements.<br><br>Where candidates are successful and accept a job with Facepunch, their personal data will be held in as part of their HR file and retained in line with Facepunch’s staff privacy policy. Where candidates are unsuccessful, personal data will be held for a period of 12 months.<br><br>Job applicants should also review the above sections of this privacy policy which will be relevant to Facepunch’s processing of their personal data:<br>- Who are we?<br>- How do we keep personal data safe?<br>- What rights do you have?<br>- Can this policy change?
                or agency.<br><br>