SECTION A. LICENSE
A.1. Governing agreement
The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Restworks (hereinafter “Restworks” or “Us” or “We”) regarding your use of Restworks’s solutions and related services, which include applications for mobile devices and Restworks branded websites (the “Service”). In this agreement, “Restworks” means Restworks located at 250 Executive Drive, Bldg. P, Edgewood, NY 11717, USA. “Restworks” includes Affiliates, which includes subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
A.4. Grant of a Limited License to use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Restworks policies, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections A.5-A.9 to access and use the Service using a Restworks supported web browser (such as Firefox, Safari, Chrome or Internet Explorer) or mobile device solely for your own non-commercial purpose. You agree not to use the Service for any other purpose.
You understand that while at times you may “earn” or “buy” (a) virtual currency, including but not limited to virtual cash or points, all for use in the Service; or (b) virtual entertainment items, including but not limited to audio tracks (together with virtual currency, “Virtual Items”); these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
A.5. Accessing or using the Service
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
A.6. Use of the Service
The following restrictions apply to the use of the Service:
a. You shall not create an Account or access the Service if you are under the age of 13;
b. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You fully accept your responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors;
c. You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
d. You shall not create an Account or use the Service if you are a convicted sex offender;
e. You shall not have an Account or use the Service if you have previously been removed by Restworks or previously been banned from using any Restworks service;
f. You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
g. You shall use your Account only for non-commercial purposes;
h. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
i. You shall not use your Account to engage in any illegal conduct;
j. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Restworks’s written permission;
k. You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Restworks’s permission; and
l. If you access the Service from an SNS you shall comply with its terms of service/use as well as the Restworks Terms of Service.
A.7. Account Information for the Service
A.8. Username and Password for the Service
During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:
a. You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might compromise the security of your Account;
b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Restworks and modify your Login Information;
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
d. You are responsible for anything that happens through your Account.
Restworks reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
A.9. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section A.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY RESTWORKS SERVICE IS A VIOLATION OF RESTWORKS POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that Restworks deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, usage rules, service mechanics or policies;
b. Make improper use of Restworks’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
c. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
CHEATING AND HACKING – You agree that you will not, under any circumstances:
d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Restworks solution;
e. Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Restworks solution;
f. Without Restworks’s express written consent, modify or cause to be modified any files that are a part of the Service;
g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Restworks solution (each a “Server”); or (2) the enjoyment of the Service or any Restworks solution by any other person;
h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
i. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Restworks, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
OFFENSIVE OR INFRINGING CONTENT – You agree that you will not, under any circumstances:
j. Post any information, photos or other content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
l. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Restworks employees, or
m. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Restworks employee;
COMMERCIAL ACTIVITY – You agree that you will not, under any circumstances:
n. Without Restworks’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;
o. Use the Service or any part thereof for performing in application services in exchange for payment outside the Service; or
p. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE – You agree that you will not, under any circumstances:
q. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
r. Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Restworks elements, or environment. Restworks may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
t. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
u. Bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
v. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Restworks;
w. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Restworks; or
x. Copy, modify or distribute rights or content from any Restworks site or service, or Restworks’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION – You agree that you will not, under any circumstances:
y. Solicit or attempt to solicit personal information from other users of the Service;
z. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
aa. upload or transmit or attempt to upload or transmit, without Restworks’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
A.10. Suspension and Termination of your Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, RESTWORKS MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR RESTWORKS SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND RESTWORKS IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVIES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Restworks reserves the right to stop offering and/or supporting the Service or a particular solution or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Restworks shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the instructions at www.rest.works.
A.11. Ownership and rights
The Service (including without limitation any features, titles, computer code, themes, objects, tips, stories, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-service chat transcripts, user profile information, recordings of the service using a Restworks client, and the Restworks service clients and server software) are copyrighted works owned by Restworks or its licensed partners. Restworks reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF RESTWORKS. GENERALLY, ACCOUNTS CREATED WITH RESTWORKS WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
A.11.3. Virtual Items
Restworks owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Restworks solution, whether “earned” or “purchased” from Restworks, or any other attributes associated with an Account or stored on the Service.
Restworks prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Restworks in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the Service, without Restworks’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
A.11.4. User Content on the Service
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Restworks client or the Service, or that other users upload or transmit, including without limitation any chat text.
You own your User Content. You hereby grant Restworks and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant us to use user posted content (except any content you submit in response to Restworks promotions and competitions or any other content specifically solicited by Restworks) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
SECTION B. USER CONTENT ON THE SERVICE
B.1. Content Screening on the Service
You are entirely responsible for all User Content you post or otherwise transmit via the Service. Restworks assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.
We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
B.2. Information Use by Other Members of the Service
B.2.1. Public Discourse & Unsolicited Ideas
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Restworks cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Restworks shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Service you understand and agree that Restworks (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
RESTWORKS IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
B.2.2. Responsible For Your Own Content on the Service
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Restworks assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact us at Customer Support.
Restworks may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Restworks may violate these Terms of Service.
Restworks reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Restworks, including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
B.4. User Interactions on the Service
B.4.1 Member Disputes
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Restworks. Restworks reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
SECTION C. FEES AND PURCHASE TERMS
C.1. Purchases on the Service
In the Service you may purchase, with “real world” money, a license to use Virtual Items and or other goods or services.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You can license Virtual Items by visiting the purchase page in the Service, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Service, We may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Restworks keeps records of transactions in order to deal with any subsequent queries.
For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when We make the Virtual Items available in your account for you to use in the Service or debit your credit card, whichever comes first.
Your license to Virtual Items for use in Restworks Services is a service provided by Restworks that commences upon acceptance by Restworks of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that Restworks will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from Restworks, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from Us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
C.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Restworks may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT RESTWORKS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
SECTION D. THIRD PARTY ADVERTISING
D.1. Third Party Advertisements
D.2. Links to Third Party Sites and Dealings With Advertisers
Restworks may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Restworks makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Restworks and may collect data or solicit personal information from you. Restworks is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Restworks of these linked sites.
SECTION E. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Restworks may require that you accept updates to the Service and to Restworks’s solutions you have installed on your computer or mobile device. You acknowledge and agree that Restworks may update the Service with or without notifying you. You may need to update third party software from time to time in order to continue using the Service.
SECTION F. DISCLAIMERS
F.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER RESTWORKS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “RESTWORKS PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
F.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE RESTWORKS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE RESTWORKS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE RESTWORKS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE RESTWORKS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID RESTWORKS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID RESTWORKS ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RESTWORKS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF RESTWORKS.
You agree to indemnify, save, and hold Restworks, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Restworks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Restworks, and you agree to cooperate with Restworks’s defense of these claims. Restworks will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
SECTION G. DISPUTE RESOLUTION
If a dispute arises between you and Restworks, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Restworks agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a “Claim”) in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
G.2. Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of Delaware. You agree that any claim or dispute you may have against Restworks must be resolved exclusively by a court located in Delaware. You agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
G.3. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
G.4. Improperly Filed Claims
All claims you bring against Restworks must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section G.2 shall be considered improperly filed. Should you file a claim contrary to Section G.2, Restworks shall be entitled to recover attorneys’ fees and costs up to $1000, provided that Restworks has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
SECTION H. SEVERABILITY
SECTION I. GENERAL PROVISIONS
I.2. Supplemental Policies
Restworks may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
I.3. Entire Agreement
I.4. Language of the Terms of Service
In the event of a conflict between a translation of the Restworks Policies and the English version, the English version of the Restworks Policies will control.
I.5. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Restworks shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Restworks.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
I.7. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Restworks are of a unique and irreplaceable nature, the loss of which shall irreparably harm Restworks and which cannot be replaced by monetary damages alone. Accordingly Restworks shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Restworks solution, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section G.3 (if any).
I.8. Force Majeure
Restworks shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Restworks, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Restworks’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Restworks develops and publishes solutions for the web and mobile devices including the Sleep Cognition Application hereafter named the “Service”. In this policy, “Restworks” refers to Restworks and its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to Restworks as “We” or “Us”.
The information We collect, how We do so and the purposes of our collection,
K.2 The Information We Collect
Information about You Received from an SNS
When you use any a Restworks solution via an SNS such as Facebook or Google +, where our Services may also be referred to as “applications”, you allow Restworks to access certain information from your profile for that site. The information you allow Restworks to access varies by SNS, and it is affected by the privacy settings you and your friends establish at the SNS. You can control and find out more about these settings at the SNS where you use Our solution. For example, Restworks may access and store some or all of the following information, as allowed by you, the SNS and your preferences:
Your first and last name.
Your profile picture or its URL.
Your user ID number, which is linked to publicly available information such as name and profile photo.
The user ID numbers and other public data for your friends.
The login e-mail you provided to that SNS when you registered.
Your physical location and that of your access devices.
Information We Collect from You Directly
When you interact with the Service (whether or not on an SNS), at www.rest.works or any Restworks-owned website, we may collect and store information from you directly as described below:
We may allow you to “register” with us by using Facebook Connect or other SNS authentication options to create an account or profile within the Service. We may also provide a more typical registration flow where you may be required to provide more information: your age or birthday (for age screening and/or to better understand who our users are); your first and last names; your e-mail address; a password and other information that helps Us confirm that it is you accessing your account.
We may also offer you the option to complete a user profile that imay be visible to other Restworks users. Your user profile may include: a profile photo; a username(s); your gender; biographic details that you provide; links to your profiles on various SNS; and a Restworks user ID number that is created by Restworks and used to identify your profile.
The Restworks user ID number used to identify your account and profile will be public and will appear in the URL of your profile page, but will only permit access to information that is considered public or that you have designated as public in your settings.
Information We Receive or Collect When You Access Restworks Applications on a Mobile Device
If you use Restworks Services on your mobile telephone or other mobile device, including iPads and tablets, We may collect mobile device identifiers, including MAC Address, and IP Address. In certain solutions We may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, geo-location or e-mail address.
If you purchase a license to use Virtual Currency or Virtual Items directly from Restworks, We will collect the billing and financial information necessary to process your charges, which may include your postal and e-mail addresses. Restworks may also receive the billing and payment information that you provide when your purchase is processed by another party, such as Facebook (for Facebook Credits) or Apple (for purchases on iOS devices). Our Terms of Service explain our policies and terms relevant to our charges and billing practices. Please note that purchases of third party credits or currencies like Facebook Credits may also be subject to additional policies.
Customer Support Correspondence
When you ask for assistance from our Customer Support team, We will collect and store the contact information you provide (generally your name and e-mail address), information about your activity on the Service, and your user ID number. We will also store the correspondence and any information contained within.
SMS Notifications, Push Notifications & Local Notifications
We receive and store the information you provide, including your telephone number, when you sign up to have SMS notifications sent directly to your mobile phone. You can adjust the types of notifications you receive and when you receive them by editing your SMS notification settings.
With your consent We may send push notifications to your mobile device to provide updates and other relevant messages. You can manage push notifications from the “options” or “settings” page within the Service. You may also be able to manage them from your device’s settings page for the Service.
We may send local notifications to your mobile device to provide updates and other relevant information. You can manage local notifications from the “options” or “settings” page within the Service.
Technical and Usage Information
When you access our Service or visit our website, We may collect (i) certain technical information about your mobile device or computer system, including MAC Address, IP Address and mobile device ID; and (ii) usage statistics about your interactions with the Service. This information is typically collected through the use of server log files or web log files (“Log Files”), mobile device software development kits and tracking technologies like browser cookies to collect and analyze certain types of technical information. Some of the cookies the Service places on your computer are linked to your user ID number(s). For more information on how We utilize cookies and other tracking technologies please review the “Cookies and Automated Information Collection” portion of Section 3 (“How We Collect Information about You”).
K.3. How We Collect Information about You
We may collect information about you in any one or more of the following ways:
Information about Usage
When you use one of our solutions, We may collect and store certain information that you provide directly or through the SNS or other third party website. We may also collect information about your interaction with others and the Service. The bulk of the gathered information is collected and stored on our web servers that record actions taken on our solutions and websites.
You may be able to take part in certain activities on our websites or applications that give you the opportunity to communicate or share information not just with Restworks, but also with other users of our Service. These may include:
Participating in forums and message boards
Posting public comments to other users’ profiles
Sending private messages or invitations to other users, either directly on our websites or to their e-mail accounts
Chat with other users
We may record and store archives of these communications on our web servers to protect the safety and well being of our users and our rights and property in connection with the service. You acknowledge and consent to the recording and storage of such communications for these purposes.
Cookies and Automated Information Collection
When you access the Service, We may collect certain technical information in order to (1) analyze the usage of our sites and services; (2) provide a more personalized experience; and (3) manage advertising. We and service providers acting on our behalf use Log Files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of activity on our websites, and other similar information. In some cases, We may associate this information with your user ID number for our internal use.
We may also employ other technologies including (1) web beacons, which allow Us to know if a certain page was visited or whether an e-mail was opened; (2) tracking pixels, which allow Us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (3) local shared objects also known as flash cookies, which help Us to prevent fraud, remember your preferences and speed up load times.
We may collect or receive information from other sources including (1) other Restworks users who choose to upload their email contacts; and (2) third party information providers. This information will be used to supplement your profile – primarily to help you and your friends connect. It may be combined with other information We collect.
K.4. How We Use the Information We Collect
In general, We collect, store and use your information to provide you with a safe, smooth, efficient, and customized experience. For example, We may use information collected from you in any one or more of the following ways:
To create your accounts and allow use of our service.
To identify and suggest connections with other Restworks users.
To enable user-to-user communications.
To provide technical support and respond to user inquiries.
To prevent fraud or potentially illegal activities, and enforce our Terms of Service.
To deliver and target advertising.
To notify users of updates.
To solicit input and feedback to improve our products and services and customize your user experience.
To inform users about new products or promotional offers.
To engage in commonly accepted practices, such as contacting you at the email address We have on file if you are a potential winner in a sweepstakes.
One important use of your information is communication and interaction. If you have provided your e-mail address to us, We’ll use it to respond to (1) customer support inquiries, and (2) keep you informed of your activity. We may also send promotional e-mail messages and promotional SMS messages (“Promotional Communications”) directly or in partnership with parties other than Restworks. Each Promotional Communication will generally offer recipients choices about receiving additional messages.
K.5. Sharing of Your Information
We may share your information (in some cases personal information) with third parties, that is parties other than Restworks, in the following circumstances:
Third Party Service Providers
We may provide your information to third party companies to perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service and to assist Us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on our behalf.
Friends and Other Restworks Players
The Service may support and may encourage interaction among users. In some Restworks Services your SNS friends may see your name, profile photo and descriptions of your activity. In many Restworks solutions others may be able to see your profile, which may include your name and your profile photo, which in certain cases can reveal your SNS User ID number or Restworks ID. Access to a Restworks ID or your SNS User ID may allow others to view the public information associated with your related SNS or Restworks account.
Advertising of Third Party Products and Services
We do not actively share personal information with third party advertisers for their direct marketing purposes unless you give Us your consent.
We may share (1) aggregated information (information about you and other users collectively, but not specifically identifiable to you); (2) anonymous information; and (3) certain technical information (including IP Addresses, MAC Addresses for mobile devices and mobile device IDs) to develop and deliver targeted advertising in the Service and on the websites of third parties. We may also allow advertisers to collect these types of information within the Service and they may share it with Us. Advertisers may collect this information through the use of tracking technologies like browser cookies and web beacons. The information collected may be used to offer you targeted ad-selection and delivery in order to personalize your user experience by ensuring that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake web analytics (i.e. to analyze traffic and other end user activity to improve your experience). To learn more about behavioral advertising or to opt-out of this type of advertising for participating ad networks, you can visit the Network Advertising Initiative or the Digital Advertising Alliance.
Restworks solutions or their purchase pages may display an “offer wall” that is hosted by an offer wall provider. The offer wall allows third party advertisers to provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. These are not offers made by Restworks. These offers may be displayed to you based on certain technical information, such as your geographic area or anonymous demographic information. After clicking on one of these advertisements, you will no longer be on a site hosted by Restworks or a partnering SNS. To properly credit user accounts and to prevent fraud, a unique identifier, in some cases your user ID number, will be shared with the offer wall provider.
Safety, Security and Compliance with Law
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (1) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant); (2) to satisfy any applicable laws or regulations (3) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (4) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (5) in order to protect the rights or property of Restworks, including to enforce our Terms of Service.
Sale or Merger
In the event that Restworks undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, We may transfer all of your information, including personal information, to the successor organization in such transition. If material changes to our privacy practices will occur as a result of the business transition, We will notify you and other users of the business transition prior to transferring your personal information.
K.6. Our Policies Concerning Children
Our websites and services are not intended for children under the age of 13 and We do not knowingly collect any personal information from such children. Children under the age of 13 should not use our websites or services at any time. In the event that We learn that We have inadvertently gathered personal information from children under the age of 13, We will take reasonable measures to promptly erase such information from our records.
K.7. How to Access and Update Your Information
Information We Receive From an SNS
To manage the information We receive about you from an SNS, you will need to follow the instructions at that site for updating your information and changing your privacy settings. You can manage certain aspects of information collection and use by going to the settings of your (mobile) device and reviewing the permissions of each application.
K.8. Your Sharing and Messaging Options
Information We Receive from Third Party SNS Where You use a Restworks Service
If you use our solution at a third-party SNS, Restworks will be able to access and store profile and other information about you as described above. The categories of information you share with Us will depend, in part, on the permissions you grant Us and the privacy settings you have established at the SNS where you access the application. Restworks does not offer an “opt out” option for specific fields that are shared by the SNS where you access and use Our solution.
Opting out of Promotional Communications
You can choose to opt out of receiving additional promotional e-mails from Restworks by clicking on the “unsubscribe” link in any such e-mail, or visiting the e-mail preference page. Please note that once We receive your request, it may take an additional period of time for your opt-out to become effective. Your unsubscribe or e-mail preference change will be processed promptly, and in no event longer than 7 business days.
Opting Out of Other Communications
You can opt out of receiving SMS messages by texting STOP to the number We send from for that particular SMS program. In some cases a preference management page will also be available under the “Help” menu of the Service that is offering the SMS program. When We receive an opt-out message from you for SMS messages, We may send a message confirming our receipt of your opt-out.
When you install our apps on your mobile device you can choose to receive push notifications. You can turn off push notifications by visiting the “options” or “settings” page within the relevant solution. You may also receive local notifications. You can turn off local notifications by visiting the “options”, ”account” or “settings” page within the Service.
Note that if you opt-out of our Promotional Communications or other forms of communication, We may still e-mail or communicate with you from time to time if We need to provide you with information or if We need to request information from you with respect to a transaction initiated by you or for other legitimate non-marketing reasons.
K.9. Privacy Policies of Linked Sites and Advertisers
Our websites and solutions may contain advertisements from companies other than Restworks that may link to their own websites. We are not responsible for the privacy practices or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.
K.10. Security of Your Information
Restworks implements reasonable security measures to protect the security of your information both online and offline, and We are committed to the protection of customer information.
For user accounts registered directly with Restworks profile information is protected by the password each member uses to access their online account. It is important that you protect and maintain the security of your account and that you immediately notify Us of any unauthorized use of your account. If you forget the password to your Restworks account, the website allows you to request that instructions be sent to you that explain how to reset your password. When you sign into your account or enter payment information (such as a credit card number when purchasing virtual currency), We encrypt the transmission of that information using secure socket layer technology (“SSL”).
While We take reasonable precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If your SNS account is hacked, this may lead to unauthorized use of your Restworks Service, so be careful to keep your account information secure.
Unfortunately, the transmission of information over the Internet is not completely secure. Although We strive to protect your personal data, We cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once We have received your information, We have procedures and security features in place to try to prevent unauthorized access.
We may make P3P – compact machine-readable – policies and headers available. If we do so, we will try to ensure that they are consistent with this human readable policy. However, in the event of a conflict between a machine-readable policy and this policy, this (human readable) policy will control.
K.12. Contact Us
250 Executive Drive, Bldg P.
Edgewood NY 11717