Terms of Use

Introduction

Effective Date: January, 1st, 2025
Last Updated: January, 1st, 2025

Rusted Culture Inc. (“we,” “us,” “our,” or “the Company”) operates the eCommerce website [Insert Website URL] (the “Site”). This Privacy Policy outlines how Rusted Culture Inc., as the owner and data controller, collects, uses, stores, and protects the personal information of users (“User” or “Users”). It also details Users’ rights and how they can exercise them in compliance with applicable Canadian and United States privacy laws and regulations.

Our registered office is located at:
Rusted Culture Inc.
145 1/2 Church Street, Office 33
Toronto, Ontario, M5B 1Y4
Canada

Use of Website

1. Use of Website

Users are granted a limited, non-exclusive, and revocable license to access and use the Site for personal, non-commercial purposes. Any misuse of the Site or violation of these Terms may result in the termination of your access. We reserve the right to suspend or block Users at our sole discretion for violating any provision.

1A. Copyright

All content on the Site, including text, images, graphics, logos, videos, and software, is owned by or licensed to Rusted Culture Inc. and is protected by copyright laws. Unauthorized reproduction, modification, distribution, or public display of this content is strictly prohibited without prior written consent.

1B. Trademarks

The trademarks, logos, and service marks displayed on the Site are registered and unregistered marks of Rusted Culture Inc. or its partners. Unauthorized use of these trademarks in connection with any product or service not provided by Rusted Culture Inc. is strictly prohibited and may violate trademark laws.

Ordering Process

2. Ordering Process

2A. Rejection or Cancellation of Orders

We reserve the right to refuse or cancel any order for any reason, including but not limited to errors in product information, pricing discrepancies, or suspected fraudulent activity. If an order is canceled after payment, you will receive a full refund.

2B. Availability and Description of Products

Products displayed on the Site are subject to availability. While we strive for accuracy, we do not guarantee that product descriptions, images, or other content on the Site are error-free. Colors, sizes, and details may vary slightly.

2C. Price

Prices are subject to change without notice. The prices displayed at the time of purchase will be honored unless an error has occurred. All prices are listed in the currency specified on the Site and exclude applicable taxes, shipping fees, or other charges.

2D. Quantity Limits

To ensure fair access for all Users, we may limit the quantity of products per order or per customer. Such limits will be communicated during checkout.

2E. Method of Payment

We accept a variety of payment methods, including major credit cards, PayPal, and third-party payment services like Klarna, Sezzle, and Afterpay. All payments are securely processed through trusted payment providers.

2F. Shipment

Shipping costs, methods, and estimated delivery times are displayed during checkout. Rusted Culture Inc. is not responsible for delays caused by carriers, customs clearance, or unforeseen circumstances.

2G. Cancellations, Returns, Refunds, and Exchanges

Cancellation requests are subject to our discretion. Returns, refunds, and exchanges are governed by our Returns Policy, which is accessible on the Site. We aim to provide a transparent and hassle-free process for resolving issues.

Passwords

3. Passwords

Users are responsible for maintaining the confidentiality of their account credentials, including passwords. Any unauthorized access or use of your account must be reported immediately. Rusted Culture Inc. is not liable for damages caused by unauthorized account access resulting from User negligence.

Privacy

4. Privacy

Your personal information is protected under our Privacy Policy, which explains how we collect, use, and store your data. By using the Site, you consent to the practices outlined in our Privacy Policy.

Export Compliance

5. Export Compliance

Users must comply with all applicable export laws and regulations when purchasing and shipping products internationally. It is your responsibility to ensure that any export or import activities comply with relevant laws.

Digital Millennium Copyright Act (DMCA) Notice

6. Digital Millennium Copyright Act (DMCA) Notice

If you believe your copyrighted work has been infringed, please notify us with the following information:

  • Identification of the copyrighted work.
  • Description of the infringing material and its location on the Site.
  • Your contact information.
  • A statement of good faith belief that the use is unauthorized.
  • Your signature (physical or electronic).

We will respond promptly to valid DMCA notices and may remove the infringing material.

Links to Third-Party Sites

7. Links to Third-Party Sites

The Site may contain links to external websites. Rusted Culture Inc. is not responsible for the content, policies, or practices of these third-party sites. Accessing such sites is at your own risk.

Changes to These Terms

8. Changes to These Terms

We may revise these Terms of Use at any time. Updates will be posted on this page with a revised effective date. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

Limitation of Liability

10. Limitation of Liability

Rusted Culture Inc. shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of the Site or its products, even if advised of the possibility of such damages. Your sole remedy is to discontinue use of the Site.

Indemnity and Hold Harmless

11. Indemnity and Hold Harmless

You agree to indemnify, hold harmless, and defend Rusted Culture Inc. from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorney’s fees, resulting directly or indirectly from your breach of these Terms or misuse of the Site.

Disputes

12. Disputes

Any disputes arising out of these Terms or the use of the Site shall be resolved through binding arbitration in Toronto, Ontario, Canada, in accordance with applicable arbitration rules.

Applicable Law

13. Applicable Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Users accessing the Site from outside Canada are responsible for compliance with local laws.

Notices

14. Notices

All notices under these Terms must be sent to: Rusted Culture Inc.
145 1/2 Church Street, Office 33
Toronto, Ontario, M5B 1Y4

General

15. General

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you and Rusted Culture Inc. regarding your use of the Site.

Rusted Culture – User Generated Content Agreement

Thank you for being part of the Rusted Culture community! We are always looking for exceptional content to share on our website, social channels, and promotional materials. As a brand focused on motorcycle culture and streetwear, we love featuring the creativity of our fans and customers. If you’ve been contacted by us or wish to submit your content for potential use, you’re reading this because we’d like your permission to feature it across our various platforms.

If you agree to allow us to use your social media content by responding with the hashtag #RustedCulture or granting us permission in any other way, you accept and agree to the following Terms of Use.

Applicable Law

13. Applicable Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Users accessing the Site from outside Canada are responsible for compliance with local laws.

License to use User Content

LICENSE TO USE USER CONTENT

When you use the hashtag #RustedCulture or provide your content, you grant Rusted Culture and its affiliated partners, agents, contractors, licensees, sublicensees, service providers, and third-party collaborators (collectively referred to as the “Rusted Culture Team”) a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, distribute, modify, adapt, publish, broadcast, and otherwise exploit your social media content (“User Content”) across various channels and platforms, including but not limited to our website, social media accounts (Instagram, Facebook, TikTok, Twitter, etc.), email newsletters, advertisements, and any other promotional materials.

This license applies to all media now known or hereafter discovered, including digital and print formats. You grant us the right to use your content for marketing, promotional, advertising, and business development purposes. This could include showcasing your content in advertisements, product marketing, special campaigns, and other consumer-related activities.

Modifications and Derivative Works: We may alter, modify, or adapt your User Content at our sole discretion. This includes the right to crop, resize, combine with other materials, create derivative works, and make other edits without any obligation to you.

Inclusion of Personal Information: You also grant Rusted Culture the right to use your username, real name, image, likeness, location, and any other identifying details you’ve provided in connection with your content. This may include using your voice or profile in any media, including on social media posts, website pages, advertisements, or videos.

RESPONSIBILITY AND WARRANTIES

By submitting your content, you represent and warrant that:

  1. Ownership: You are the sole owner of the User Content, or you have the necessary rights and permissions from any third party or individual who may have contributed to or holds any claim to the content.
  2. Non-violation: The User Content does not infringe upon or violate any third-party rights, including but not limited to copyright, trademark, patent, privacy, or publicity rights. Furthermore, the content is not defamatory, harmful, offensive, obscene, pornographic, indecent, abusive, or otherwise unlawful.
  3. Minors: You confirm that you are not a minor and are legally capable of granting the rights outlined in this agreement. If your content involves any minors, you confirm that you have obtained all necessary consents from their parents or guardians.
  4. Legal Compliance: You agree that your content complies with all applicable laws and regulations, including those related to intellectual property, privacy, and defamation. Rusted Culture will not be liable for any legal action arising from your content.

CONFIDENTIALITY AND PRIVACY

Any content you submit to Rusted Culture is considered non-confidential. We have no obligation to maintain the confidentiality of any information you submit unless it is otherwise governed by our Privacy Policy.

Personal Information: By submitting your content, you agree to the collection, use, and storage of any personal information you provide. This may include your name, contact details, or location, which will be processed in accordance with our Privacy Policy. You consent to the potential transfer of your personal information to servers or third-party partners outside of your country for processing purposes, as allowed under applicable data protection laws.

Marketing Communications: By agreeing to these terms, you may receive promotional messages from Rusted Culture related to new releases, campaigns, and other content opportunities. You can opt-out of these communications at any time.

RIGHT TO REMOVE CONTENT

Rusted Culture reserves the right to remove, modify, or cease using any User Content at any time, for any reason, and at our sole discretion. If we determine that any content violates our standards, values, or legal obligations, it may be removed from our website, social media platforms, or other promotional materials.

If you believe your content has been wrongly used or infringes upon your rights, please contact us directly at [insert email or contact method]. We will review your claim and take appropriate action.

ADDITIONAL TERMS AND CONDITIONS

These Terms of Use apply to all content submitted by you and used by Rusted Culture. By submitting User Content, you acknowledge that you are agreeing to these Terms, which govern how your content is used. Additionally, you may be subject to any additional terms or guidelines that apply to specific platforms where your content is displayed (e.g., Instagram, Facebook, etc.).

Updates to Terms: Rusted Culture reserves the right to modify or update these Terms of Use at any time. Any changes will be reflected on this page, and you should review them regularly to stay informed of how your content may be used.

INTELLECTUAL PROPERTY RIGHTS

By submitting your content to Rusted Culture, you do not transfer ownership of your content to us. You retain all intellectual property rights to your content, but you grant Rusted Culture the rights specified in these Terms. Rusted Culture retains all rights to its own intellectual property, including its website, brand, logos, and promotional materials.

You acknowledge that by allowing us to use your content, Rusted Culture is not granting you any rights to use our intellectual property without prior written consent.

AGE CERTIFICATION

By submitting User Content and agreeing to these Terms, you confirm that you are at least 18 years of age. If you are under 18, you must obtain permission from a parent or guardian to submit content and agree to these terms.

LEGAL NOTICES AND GOVERNING LAW

These Terms of Use are governed by the laws of [insert jurisdiction], and any disputes related to these terms will be resolved under the exclusive jurisdiction of the courts in that jurisdiction. If any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions will remain in full effect.

By submitting your content and agreeing to these Terms, you affirm that you have read, understood, and accept these conditions. Thank you for sharing your creativity with Rusted Culture—we can’t wait to showcase your content!

Rusted Culture Text Message Program Terms of Use

Rusted Culture Text Message Program Terms of Use

By opting into the Rusted Culture Text Message Program (the “Program”), you agree to receive promotional messages, updates, and other communication via text from Rusted Culture, including any of its affiliates (“us,” “our,” or “we”). By participating, you also acknowledge and agree to the following terms (“Program Terms”), as well as our Terms of Use and Privacy Policy.

GENERAL INFORMATION

To join the Program, visit our website’s “Contact Us” page. Once enrolled, you will receive a confirmation message.

We may send you text messages for various purposes, including product updates, exclusive promotions, event reminders, personalized offers, and abandoned cart reminders. You may also receive notifications about the status of your orders and transactions with Rusted Culture.

The frequency of messages may vary, and standard message and data rates may apply.

Participation in the Program is free, and no purchase is necessary to opt-in.

We reserve the right to modify, suspend, or terminate your participation in the Program at any time for any reason.

OPTING OUT

To unsubscribe from the Program, simply reply to any message with the word “STOP.” You will receive a confirmation message indicating your unsubscription from the Program.

Please note that opting out of the Program will not unsubscribe you from other marketing communications, such as emails. To unsubscribe from emails, click on the “Unsubscribe” link found in our email communications or contact us at info@rustedculture.com.

If you believe you’ve unsubscribed from marketing messages but still receive them, ensure that the phone number or email address used for unsubscribing matches the one receiving the messages.

SUPPORT AND INQUIRIES

For assistance or questions regarding the Program, please email us at info@rustedculture.com or visit our “Contact Us” page on the website.

ACCURACY OF INFORMATION

By joining the Program, you confirm that you are the account holder for the phone number you provide us. If you change or deactivate your phone number, you agree to notify us promptly to ensure continued communication through the Program.

LIMITATION OF LIABILITY

Rusted Culture is not responsible for any technical issues or malfunctions that could affect your ability to participate in the Program, such as problems with phone networks, wireless carrier issues, or incomplete messages. We are also not liable for any interruptions caused by network failures or other unforeseen errors.

CHANGES TO PROGRAM TERMS

Rusted Culture reserves the right to modify, suspend, or cancel the Program at any time without prior notice. We periodically update our policies and terms to remain compliant with new technologies, customer feedback, and legal requirements. The current version of these Program Terms will always be available on our website. By continuing to participate in the Program after changes are made, you accept those updated terms.