Terms of Service/Restrictions

Lone.Design Customer & Vendor Terms of Service and Conditions

 

Published on March 11, 2021 10:33 pm
(Latest Revision which is an additional subsection, Physical Goods, added on 7/05/2021)

Upon purchasing any content from lone.design you hereby agree to the terms and services listed below.

Below are the following rules and TOS (Terms of Service) you are agreeing to when purchasing and using my custom map and prefabs. Failure to follow may/will result in community ban/block as well as reported to the map development team(s). Additionally, if the unauthorized use of my products is found it will result in a DMCA takedown, “A DMCA takedown refers to a notice sent because a copyright owner believes someone has posted an infringement and they want it removed without the hassle of filing an infringement lawsuit. … The copyright owner typically notifies the web provider that hosts the site (the Internet Service Provider or ISP).”

(Return Policy Virtual Goods)

Physical Goods
By acknowledging this form at checkout you agree and fully understand our terms and conditions you fully agree that we do not issue refunds on any Lone.Design products. However, we will replace any physical products only if they are damaged upon arrival.

Chargebacks/Disputes will result in a ban across Lone.Design.

Returns will not be accepted as it’s a downloadable content which can not be ‘undownloaded’ unless due to specific situations listed below

-If the product(s) was purchased multiple times. If so please contact me ([email protected]).
-If you purchased a product that was somehow unmaintained and broken due to updates or some other game-changing aspect and it’s 100% not working contact the creator of the product and if they don’t respond email me at ([email protected]) and I (Lone) will get it resolved. This situation and this situation only will not result in any sort of community ban.

Otherwise, there is no other situation in which we’d accept a refund as I hope the reader of this understands.

(Return Policy Physical Goods) (Lootroom.com)

Instructions for cancellation & Cancellation form


Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:


A. Instructions for cancellation

Right to cancel

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us (Julian Kuloge, lootroom, Kopernikusplatz 14, 90459 Nürnberg, Deutschland, Tel.: 01624157669, E-Mail: [email protected]) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
 

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
 
General information

1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.

2) Please do not return the goods freight forward.

3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.


B. Cancellation form

If you wish to cancel this contract, please complete and submit this form.

 

Julian Kuloge
lootroom
Kopernikusplatz 14
90459 Nürnberg
Deutschland
E-Mail: [email protected]

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

________________________________________________________

Name of consumer(s)

________________________________________________________

Address of consumer(s)

________________________________________________________

Signature of consumer(s) (only if this form is notified on paper)

_________________________

Date
(*) Delete as appropriate

(Use of Product)

By downloading our maps/prefabs or any other works you may use these on your maps as you please, however, you may NOT resell these products or in any way associate them in a commercial use without consulting with the author first. This includes minor editing to my work and using it for your own commercial applications. In addition, any other redistribution of my maps is STRICTLY prohibited and will result in a ban as well as placed on a watch list for other map makers and additionally reported to other server owners. 

Anyone somehow acquiring (other than purchasing) any of our paid work and/or using on their server and/or distributing to others will result in a community ban amongst many platforms, the rust map-making discord community, and may result in a DMCA takedown.)

All payable products must be a 1:1 ratio between community and product. Meaning one community owner has the right to use my maps as their please, however, cross-community owners/partnerships are prohibited as that would be redistributing my products to others who have not purchased them. For specific situations please reach out to us via email if you have any questions prior/post-purchase ([email protected])

(Other Important Information) & Installations

Nothing is perfect and bugs may come up. If you happen to see/find a bug please post in the #map-bugs channel on my discord or submit a contact form and we will update them as soon as we can! (https://discord.gg/aa7nA4D)

Expect occasional updates for my content as I optimize/tweak them on a regular basis for maximum performance for clients running them. Prices per product may vary and are subject to change.

Any digitally obtained products purchased from Lone.Design does not include installation. All products do include installation steps to better assist you. Furthermore, if you need any assistance to please contact our support team to assist you with your installation. 

Poaching, or trying to contact authors of the team to recruit or bring into an additional platform not affiliated or in any way associated with Lone.Design that is reported to staff is subject to being banned from the Discord and depending on the circumstance the website as well.

(Physical Goods) 

With the recent addition to physical goods, we hereby state that Lone.Design or any of its affiliates are responsible for any self-harm made by any of our products. Our products should be kept out of the reach of children. Additionally, any products from Lone.Design or affiliates should not be consumed, tasted, or in any other form used except for the intentions of a decorative prop. Lastly, terms and conditions from our partner(s) Lootroom.com are listed below which will be fully agreed to, and understood at the time of purchase.

TERMS OF SERVICE (Lootroom)

Table of Contents:

1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Exemption in case of violation of third-party rights
9. Redemption of campaign vouchers
10. Applicable Law
11. Alternative dispute resolution
12. Health and safety 

1) Scope of Application

1.1 These General Terms and Conditions of the company Julian Kuloge (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.

1.3 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

1.4 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
 
2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client’s offer within five days,

– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or

– by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or

– by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.

The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.6 The German and the English language are exclusively available for the conclusion of the contract.

2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed informations about the right to cancel are provided in the Seller’s instruction on cancellation.

3.3 The right to cancel does not apply to consumers, who are no nationals of a member state of the European Union at the time of concluding the contract und whose exclusive domicile and delivery address were located outside of the European Union at the time of concluding the contract.


4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

4.5 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3 Personal collection is not possible for logistical reasons.

6) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7) Warranty

7.1 Should the object of purchase be deficient, statutory provisions shall apply.

7.2 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8) Exemption in case of violation of third-party rights

If ,apart from delivering the goods, the contract obliges the Seller to process those goods according to specifications defined by the Client, the Client has to ensure that contents made available to the Seller for purposes of processing do not violate third-party rights (for example copyrights and trademark rights. The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with the violation of their rights by the Seller’s contractual use of the Client’s contents. The Client will meet any reasonable costs of necessary legal defense including all court and lawyer’s fees according to the statutory rate. This shall not apply, if the Client is not responsible for the violation of rights. In case claims are asserted against the Seller, the Client shall be obliged to furnish the Seller promptly, truthfully and completely with all information that is necessary for the verification of the claims asserted and for a corresponding legal defense.

9) Redemption of campaign vouchers

9.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.

9.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

9.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

9.4 Only one campaign voucher can be redeemed per order.

9.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.

9.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

9.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

9.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

9.9 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.

10) Applicable Law

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

10.2 Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.

11) Alternative dispute resolution

11.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

11.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

12. Heath and safety 

All physical goods from Lone.Design are not weapons of any kind and should not be used as such. These props are non-functional replica toys made from inspiration from video games and are solely decoration. Under no circumstance will Lone.Design nor affiliates (Lootroom.com) be responsible for any self-harm from the misuse of these decorations. Keep all props from Lone.Design out of the reach of underage children. 

Additionally, Lone.Design and Lootroom will not be responsible for anyone consuming any of the props. They’re painted and 3d printed with non-toxic materials, however, should still not be consumed in any way.

Vendor Policy

Any Vendors/Partners hosting content on my site must follow the guidelines below.

Here at Lone.Design this document is relative to all partners/vendors within this platform.
This document was created on March 15th, 2020  (Revised the Vendor Policy on 11/27/2020)

Refunds from customers policy
Refunds, as stated in the customer TOS, are not allowed with the only exception of duplicate purchases. However, if a customer buys a product that is defective or outdated/broken then it’s the responsibility of the vendor to update their product and assist the customer.

Product Licenses/Product Maintenance 
All vendors on Lone.Design are hereby able to choose whichever license they see fit for their product (Licenses and sources listed below). Additionally if licenses do not fit the vendors needs, they reserve the right to specify their own EULA within their product, granted it’s a reasonable license (if actions are issued, staff team reviewal will just the vendor’s custom license they added). Lone.Design products are not liable for new maintainers unless the license they choose deems that they chose to or unless otherwise specified directly from the original author to the Lone.Design staff team. (Licenses can be chosen from within vendors product page below where you select the price for the product). All products otherwise not having a selected license are still protected from reselling/redistributing, or otherwise handling the author’s work that breaches the Terms and Conditions

Any products on Lone.Design deemed unsupported/broken/unmaintained for a window of 30 days is subject to being marked as hidden. (Hidden will still allow current customers to continue downloading and they will always remain accessible to the download). Authors will be contacted by our staff prior to this.

Code of Conduct

All vendors are subject to removal if deemed by staff as seen ‘unfit’ with attached evidence to support the decision. (examples listed below)

  •  Excessive spam or outside advertisement 
  •  No harassment, racism or hate speech of any kind. It will not be tolerated.
  •  Respect Admins as well as fellow users.
  •  No pornography, violent or disturbing links, pictures or videos from within the community.

Product approval policy
All products submitted for site approval may take anywhere of a few minutes, to a few days depending on the project size and thoroughness of testing required. Any product submitted to Lone.Design is subject to reviewal and must be carefully examined to determine any bugs, glitches, visual imperfections, etc, all of which is at the discretion of the site admins to be approved or not. If any serious product is submitted and not approved you may be reached out to by a site admin for a response as to why it was declined as well as any suggestions you can do to improve/fix.

Stolen Content Policy
Anyone caught stealing or very identically mimicking someone else’s work (which is up to a site admin to determine) your product may be subject to removal and if severe enough, your account will be subject to removal along with your products. All site admins reserve the right to decide if a product is either stolen, copied, or in any way mimicking a current product (listed here, or elsewhere). We won’t tolerate ‘copycat’ behavior.

Malicious Product Policy
Any vendor/customer caught uploading/attacking/phishing/ or any sort of cyber-related attacks will be immediately banned from selling/buying from the community. Any vendor attempting to upload malicious content to be accepted onto Lone.Design will be subject to instant removal and ban and all products will be removed if any are currently on the site.

Payment Issued Policy
All payments made from Lone.Design to the vendors is done automatically with the PayPal you provided when signing up. If you change your PayPal, or your PayPal becomes flagged, stolen, etc, you are responsible for making sure it’s the accurate information for payments to be sent to. Payments at the time of this document don’t have a set schedule, however, it is done automatically from PayPal’s payout system which we have implemented. Due to possible chargebacks, disputes, etc, we will do payouts once per week, or once per two weeks to reduce any issues with payments not being processed fully such as fraudulent accounts, stolen cards, etc.

Lone.Design is NOT liable for theft/leaking of maps outside of this platform. Since there’s no ‘map protection’ it is between the vendor and the ‘thief’ to resolve any disagreements/issues. Since there’s no way to fully protect maps at the current moment we recommend placing a password on your .map file when you save it to at least prevent people from editing the .map. Again, Lone.Design is not liable for anyone who steals content from vendors on this platform.

By uploading content to Lone.Design I (you the vendor), hereby agree to rules, conditions, regulations, and restrictions created by Lone.Design.

Product Updates
By becoming a vendor of Lone.Design you are solely responsible for keeping your work up to date and fully functional at all times. If over a 15 day period the product/plugin is reported to be defective/unusable, the product will be subject to removal. If attempts to contact a vendor in a 48 hour period result in no response, we hold the right to remove your product from our store. If multiple failures occur on a product, Lone.Design holds the right to remove the product from the store, as well as remove your ability to sell products and be listed as a vendor. We pride ourselves in quality work, and we expect our vendors to do the same.

Quality Standard  & Guidelines (Added 5/26/2021)
By becoming a vendor with/on Lone.Design you fully understand and acknowledge that all products prior/after publishing are subject to removal or set to private/hidden (to allow current customers to still attain them) due to the quality reviewal of the product. There is no one-single attribute that would make a product fall under this category of removal, however, there are a few key points that may be the reason as to which it has resulted. Such as the following listed below.

Potential Reasons for Product Removal (Not limited to the following)

  • Product has numerous issues/bugs/otherwise imperfections
  • Product has a large amount of negative feedback/reviews
  • The general build quality of the product is deemed not up to the standards voted by the entire review staff team of Lone.Design

General Quality Guide (Not limited to the following)

  • Vendors products are unique and are not a copy-cat or remake of an already existing plugin/prefab/maps
  • Vendors products show an apparent time investment as for the build quality and visual aesthetics if applicable
  • Products are efficient and not taxing on server or client performance

Vendor Fees
Unless specified in writing from a Lone.Design staff members, standard commission rates will be a total of 15%  (10% for site fees, and 5% to cover transaction fee from Paypal) of your product’s selling price after fees and taxes are removed.

Product Approvals & Revisions/Suggestions
All products (plugins/prefabs/maps) are subject to rejection/approval based on the staff’s discretion and testing. If a product is approved you will be contacted. If a product is not approved you may or may not be contacted. You are allowed one submission per item, so please refrain from sending us unfinished items. If multiple submissions are denied, we reserve the right to no longer accept or review submissions from you.

Products upon submission are subject to suggestions before approval. These items must be fixed or adjusted before your item will be accepted on the marketplace for sale. These suggestions range from bugs, glitches, pricing, and anything we deemed fit to meet our level of quality.

Malicious Content
Any vendor found modifying their product in extreme or malicious manors is subject to immediate ban/removal such as uploading harmful files, extremely unreasonable pricing, and anything the Lone.Design staff sees fit. Any malicious acts that involve exposing customer’s information or Lone.Design database to other parties will result in legal action and possible prosecution. Lone.Design does not take any responsibility or liability for products sold in the marketplace. All vendors are 100% liable for any litigation, damage, and court costs as a result of their negligence or behavior.

Staff Decisions
All staff of Lone.Design are extremely confidential with the information they have permissions to obtain, such as customer information, vendor information, and product information. Any proof of staff sharing paid products or information from Lone.Design is subject to instant ban and will not be tolerated. If damages occur, Lone.Design may pursue legal action.

All staff within Lone.Design reserve the right to accept/reject applications, additionally have the right to ban/block anyone as seen fit and necessary to do so. As well as remove, modify any posts/products as needed. Examples being (Update breaks the plugin and it’s inoperable, then we can temporarily take the plugin off the store until it’s fixed).