Terms of Service – Midway Station Studios

Last updated: 9/13/2024

1.1 - Overview

When we say “Midway Station”, “we”, “our”, or “us” in this or other documents, we are referring to Midway Station, and Midway Station Studios.

Midway Station is Registered in Canada, the terms of service shall be governed in accordance with Canadian Law.

By Purchasing from us, through our website or our Discord, you are agreeing to be bound to these terms of service including the additional terms included in links on these terms, all applicable laws and regulations, and you agree to be responsible for compliance with your applicable local laws “Canada.” If you do not agree to these terms, you are not permitted to utilize our services or purchase from our store.

When we say “Services”, we mean our websites, including but not limited to midwaystation.com, it’s subdomains, and any product created and maintained by Midway Station. That includes but is not limited to our custom liveries, our vehicles, our products, commissions, custom work, guides, anything within our products and our other services, whether delivered within a web browser, our Discord, or another format.

When we say “You” or “your”, we are referring to the customer, or the person/organization purchasing/using/accessing our products/services.

We reserve the right to change the TOS and all other policies at any time. It is the buyer’s responsibility to remain up to date with our current policies. Whenever we make a significant change to our policies, we will usually refresh the date at the top of this page and take any other appropriate steps to notify account holders such as pings in our Discord server and possibly a newsletter with information (to subscribed users).

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account and remove you from our Discord server. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about us, and keeping an open door to suggestions, suggestions can be submitted online at our website, or in our Discord Server.

1.2 - Commission/Custom Work Rules

For all commission/custom work, the terms can be found here.
All commission and custom work follows the terms set forth in this page and all linked pages unless otherwise specified in the commission/custom work policy.

1.3 - Account Terms

You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You may not use the Services for any purpose outlined in our Abuse Policy , and you may not permit any of your users/members/staff to do so, either.
You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be removed.

1.4 - Payment, Warranty, Refunds and Disputes

If you decide to open a dispute or initiate a chargeback with our credit card processor after downloading and “consuming” the product, access to the files will be suspended, and a copy of our terms and you agreeing to them will be forwarded to our credit card processor and all applicable other entities.
If you repeat to open disputes and chargebacks, your access to our store/Discord will be revoked and you will be banned.
We reserve the right to revoke access to downloads after the product has been “consumed” (Meaning after the product has been downloaded)
Upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
All fees are exclusive of all taxes, levies, exchange rates, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, exchange rates or duties.
All products from Midway Station are non-refundable after download. This is
due to the nature of digital content, once the content has been “consumed.”
No warranty is included, implied and/or offered for any of the services offered by Midway Station Studios.
One time services including but not limited to setups and repairs or advanced diagnostics are non refundable.
It is the clients responsibility to cancel reoccurring payments: our monthly plans are all reoccurring unless otherwise stated, this is to bring a seamless and continuous gaming experience to our customers.
Midway Station Studios is NOT responsible for unintended payments made from using the re-occurring payments provided by our payment processor.
We do not guarantee our discounted prices to last or for the discount codes to work all the time.
We process refunds according to our other policies as well.

1.5 - Support

Support is available for our services in our Discord server, and through [email protected], however we reserve the right to refuse to work with anyone and support/Discord access to our services can be revoked if, overused, misused and/or actions have been deemed inappropriate at our discretion.
For our hosting/non mainstream solutions, we may offer either a ticket/discord/email based system for support, however we reserve the right to refuse to work with anyone and support/Discord access to our services can be revoked if, overused, misused and/or actions have been deemed inappropriate at our discretion.
If you decide to make ANY modifications to the servers to the servers, we cannot guarantee that we will be able assist if the server does not operate correctly following the modifications made by the customer.
We cannot guarantee the amount of time it will take to answer support tickets either on the website or the discord, this applies to all types of tickets.
We cannot guarantee the amount of time our support services will take; this applies to free, paid, one time, and all others.
All support services are to be completed within the hours of support. We will notify 48 hours in advance if support hours will be changing. However if a support ticket is submitted outside of support hours it will be responded to at earliest available time once support hours resume.

1.6 - Age & Consent

By using our platforms and/or purchasing our services, you warrant and represent that you are the age of majority, and if you are not at the age of majority that you have obtained parental or guardian consent to access our site and/or purchase our services You represent and warrant that you have read, understand, and agree to abide by these terms and conditions set here and any applicable terms and/or policies linked here and you have read, and understand the data collection from our privacy policy

1.7 - Cancellation and Termination

You are solely responsible for properly canceling your account. An email request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact us at [email protected] or in our Discord for a faster response.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. For more details, see our Use Restrictions Policy.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Midway Station employee, officer or member of Discord will result in immediate account termination.
We reserve the right to refuse to sell to anyone who has violated our TOS both on this page and linked pages.
If we determine that the customer is attempting to exploit the server or divert limits that have been installed on the server based on the server plan, the server may be subject to being terminated without refund.
We reserve the right to terminate any and all hosting or other services upon any violation of any terms found in this page or linked pages or if deemed necessary by our team at our discretion.
We reserve the right to cooperate with appropriate authorities based on our use restrictions policy and our TOS as well as the privacy policy.
We reserve the right to terminate our work with you at any time and progress state based on our teams discretion and or failure to follow the terms and conditions.

1.8 - Modifications to the Service and Prices

We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
We reserve the right to change the pricing for our products.
In regards to reoccurring services, When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record.
We may also post a notice about changes on our websites or our Discord

1.9 - Uptime, Security, and Privacy

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements.
We reserve the right to temporarily disable your account. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
We reserve the right to remove any user/content from our Discord/sites at our discretion.
If there are any third party links on our site/Discord/documents, you may be applicable to their terms and conditions as well. We are not responsible for any third-party policies or actions. We do not accepted liabilities for their actions/policies either.
When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Midway Station may process your data as described in our privacy policy and for no other purpose. We as humans can access your data for the following reasons:
1. To help you with support requests you make.
2. Onthe rare occasions when an error occurs that stops an automated process partway through. Including but not limited to download file glitches etc.
3. To safeguard Midway Station. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an internal investigation in line with our Abuse Policy.
4. To the extent required by applicable law. As a Canadian operation with data infrastructure located in the Canada and the United States, we only preserve or share customer data if compelled by government authority with a legally binding order, or in limited circumstances in the event of an emergency request. If a non government authority approaches us for assistance, our default stance is to refuse unless the order has been approved by the government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Midway Station is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. We are not responsible for third party policies. You can see a list of all subprocessers who handle personal data:
  1. Hostinger – Hosting Services
  2. Cloudflare – Cloud Services & Security Services
  3. Google – Various Services
  4. Mailchimp – Transactional Email Service, and others
  5. Inuit - Accounting Suite, etc.
  6. Stripe – Payment Processing & Accounting Services
  7. Under the California Consumer Privacy Act (“CCPA”), Midway Station is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, the privacy policy, and below. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use our Services in a way that violates the regulations.
  8. EU General Data Protection Regulation (“GDPR”) or United Kingdom General Data Protection Regulation (“UK GDPR”) applies to your use of Midway Station Services to process Customer Data.
  9. Our servers (depending on the services) and/or services may or may not use auto-scaling technology to provide peak performance; this means that when you need your resources, they will be available to you, and when you don’t need your resources, while they will still be available, they will be reallocated at our discretion.
  10. All servers and or services including but not limited to cloud game servers or VPS servers may or may not use automatic scaling and resource allocation technology, while this ensures that you have your resources when you need them, it also ensures that when your resources are not in use, they are effectively reallocated and reorganized at our discretion. An example of this would be if you have a 5gb server and you are only using 3gb of ram, the remaining 2gb of ram are reallocated and when you need the remaining 2gb of ram, they are reallocated back onto your server. This applies to all server components including but not limited to bandwidth, ram, storage, cpu usage, etc.
  11. We are not held responsible for scheduled, emergency, or any other forms of downtime, credits for downtime are sent based on customer request and are given at the discretion of Midway Station Studios
  12. Midway Station Studios will give prior notice of 48 hours before any scheduled downtime. Notice will be given through the Discord Server, and web panels. It may or may not also be sent through mass emails.
  13. Midway Station Studios will use all commercial means necessary to prevent and lessen any and all emergency downtime.
  14. We are not responsible for downtime that is outside or our reasonable control or caused by actions by customers/third parties or lack of aforementioned action.
  15. For security, privacy, and in accordance with our other policies, we may inspect servers to ensure that they follow all of our policies. This would primarily be in regards to the abuse and use restrictions policy.

2.0 - Copyright , Content Ownership, Use and Modifications

All user content posted on the Services must comply with applicable copyright law.
You must request permission to use the Midway Station’s logos or any Service logos for promotional purposes. Please open a ticket in our Discord for requests to use logos. We reserve the right to rescind any permissions at any time if you violate these Terms.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Midway Station.
You agree not to alter, rip, or convert any of our services owned by us without our express written permission.
You agree not to attempt to/or jailbreak the files accessed from our website or Discord.
You agree not to claim our services/products as your own.
You agree not to modify our products without our prior written permission and approval. All permission requests can be submitted through our discord server.
If you, the customer purchase digital content for a server, you the customer still hold the rights to the purchased digital content, if you, the customer leaves said server, said server must remove the content from the server; If the server does not remove the content after your departure from said server, feel free to open a ticket with us in our Discord server.
We do not claim ownership over any brands or trademarks from external companies. Any And All external trademarks belong to the trademark holder.
If we do have brands or trademarks in our work, they are used in accordance with “transformative uses" or other uses in fair use. This applies to applicable products and services.
We do not sell any redistribution or resale rights to our products.
You may not contribute, distribute or use stolen products from our store.
We leave the responsibility of protecting the files in the hands of the customer after purchase and download.
Any free items from our store or Discord are protected by copyright, and follow the same rules as above.
Any assets/parts/models used in the creation of Midway Station Studios Services that are not owned by Midway Station Studios, but permitted to be used commercially are credited appropriately in the credits section of applicable services.
We do not claim ownership of models and or assets that we do not own.
We are not responsible for actions taken while under customers ownership and we are not responsible for customer violating other TOS's while using our services on their computer or on their multiplayer server platforms for the supported games. Therefore it is the buyers responsibility to ensure that their services are following the TOS's.
The exception to above (use and modification policy) is in regards to the hosted services, customers are permitted and afforded access to server files and are allowed to modify and customize server installations, however we do not guarantee support for modified installations; therefore if you modify anything on your server such as adding mods we will not be able to guarantee support.
In the event that Midway Station Studios is unable to provide support for any services, the client will be notified and the ticket will be closed.
If modifications/changes are made to the services and Midway Station Studios is unable to provide support, Midway Station Studios will not be held liable or responsible.

2.1 - Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before releasing them. As with any services, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

2.2 - Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Midway Station shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Midway Station has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

You agree to hold us, our subsidiaries, parent companies, employees, freelancers, and members harmless against all claims and damages caused by using our products, following our guides and everything of this nature. We are not responsible for data loss, damage to components, attorney fees made by third parties due to breach of TOS, etc.

Midway Station Studios shall not be held liable for any disruption, delay, or disconnection to any of our services for any given period of time.

Above TOS applies to Hosting Solutions as well unless stated otherwise here, Midway Station Studios shall under no circumstances be held liable, in law or in equity, to you or to any third party for any data loss, distribution of information, disruption of information, unauthorized server access, and or any other loss of data.

In other words: choosing to use our Services or following our guides or staff does mean you are making a bet on us. If the bet does not work out, that’s on you, not us.

If you have a question about any of these Terms, please feel free to open at ticket in our Discord or email us.

2.3 - All Linked Policies:

Abuse and Use Restrictions Policy

California Resident Notice at Collection

Commission/Custom Work Policies

Many portions of our policies are adapted and modified from
the Basecamp policies / CC BY 4.0