END-USER-LICENSE-AGREEMENT
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.2. Privacy policy
Use of the Service
is also governed by Restworks’s Privacy Policy, which is incorporated
herein by reference. Your privacy is important to us. We have designed
Restworks’s Privacy Policy to insure important disclosures about how we
collect and use your content and your information and how you can use
the Service to share such content and information with others. We
strongly encourage you to read the Restworks Privacy Policy.
By
creating an account or accessing or using the Service you accept and
agree to be under these Terms of Service and consent to the collection,
use and storage of your content and information as outlined in
Restworks’s Privacy Policy.
A.3. Updates to the Terms of Service and Privacy Policy
Restworks
reserves the right, at our discretion, to change, modify, add or remove
portions of the Terms of Service and the Privacy Policy at any time by
posting the amended Terms on or within the Service. You may also be
given additional notice, such as an e-mail message or messaging within
the Service, of any changes. You will be deemed to have accepted such
changes by continuing to use the Service. Except as otherwise stated,
all amended terms shall automatically be effective 30 days after they
are initially posted. Restworks may also revise other policies, codes or
rules at any time, and the new versions will be available at
www.Restworks.com or in the Service. No amendment to the Terms of
Service or Privacy Policy shall apply to any dispute of which Restworks
had actual notice before the date of the amendment.
If at any
point you do not agree to any portion of the then-current version of our
Terms of Service, the Restworks Privacy Policy, or any other Restworks
policy, rules or codes of conduct relating to your use of the Service,
your license to use the Service shall immediately terminate and you must
immediately stop using the Service.
To the extent that the
Terms of Service or Restworks Privacy Policy conflict with any other
Restworks terms, policy, rules or codes of conduct, the terms contained
in these Terms of Service and in the Restworks Privacy Policy shall
govern.
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
By
accessing or using the Service, you accept and agree to these Terms of
Service and the Privacy Policy. You may also be required to register an
account on the Service (an “Account”), have a valid account on the
Social Networking Service (“SNS”) through which you connect to the
Service, if any, or have an account with the applications provider for
your mobile device. You warrant that you are not prohibited from
receiving products of U.S. origin, including services or software. If
you are between the ages of 13 and 17, you represent that your legal
guardian has reviewed and agreed to these Terms on your behalf.
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
When
creating or updating an Account on the Service, you may be required to
provide Restworks with certain personal information, which may include
your name, birth date, e-mail address, and, in some cases, payment
information. This information will be held and used in accordance with
Restworks’s Privacy Policy and relevant “just-in-time” notices, if any,
provided at the point of information collection or use. You agree that
you will supply accurate and complete information to Restworks, and that
you will update that information promptly after it changes.
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
A.11.1. Service
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.
A.11.2. Accounts
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.
By transmitting or
submitting any User Content while using the Service, you affirm,
represent and warrant that such transmission or submission is (a)
accurate and not confidential; (b) not in violation of any applicable
laws, contractual restrictions or other third party rights, and that you
have permission from any third party whose personal information or
intellectual property is comprised in the User Content; (c) free of
viruses, adware, spyware, worms or other malicious code; and (d) you
acknowledge and agree that any of your personal information within such
content will at all times be processed by Restworks in accordance with
its Privacy Policy.
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.
B.3. Disclosure
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.
B.4.2 Release
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
You
understand that the Service and Restworks solutions may feature
advertisements from Restworks or third parties. Restworks’s disclosure
of information for third party advertising is addressed in Restworks’s
Privacy Policy.
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.
F.3. Indemnification
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
G.1. General
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
You
and Restworks agree that if any portion of these Terms of Service or of
the Restworks Privacy Policy is found illegal or unenforceable, in
whole or in part by any court of competent jurisdiction, such provision
shall, as to such jurisdiction, be ineffective solely to the extent of
such determination of invalidity or unenforceability without affecting
the validity or enforceability thereof in any other manner or
jurisdiction and without affecting the remaining provisions of the
Terms, which shall continue to be in full force and effect.
SECTION I. GENERAL PROVISIONS
I.1. Assignment
Restworks
may assign or delegate these Terms of Service and/or the Restworks
Privacy Policy, in whole or in part, to any person or entity at any time
with or without your consent. You may not assign or delegate any rights
or obligations under the Terms of Service or Privacy Policy without
Restworks’s prior written consent, and any unauthorized assignment and
delegation by you is void and ineffective.
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
These
Terms of Service, any supplemental policies and any documents expressly
incorporated by reference herein (including Restworks’s Privacy Policy),
contain the entire understanding of you and Restworks, and supersede
all prior understandings of the parties hereto relating to the subject
matter hereof, whether electronic, oral or written, or whether
established by custom, practice, policy or precedent, between you and Us
with respect to the Service.
I.4. Language of the Terms of Service
If
we provide you with a translation of the English language version of
these Terms of Service, the Restworks Privacy Policy or any other policy
(collectively “Restworks Policies”), then you agree that the
translation is provided for informational purposes only and does not
modify the English language version of the Restworks Policies.
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
The failure of Restworks to
require or enforce strict performance by you of any provision of these
Terms of Service or the Restworks Privacy Policy or failure to exercise
any right under them shall not be construed as a waiver or
relinquishment of Restworks’s right to assert or rely upon any such
provision or right in that or any other instance.
The express
waiver by Restworks of any provision, condition, or requirement of these
Terms of Service or the Restworks Privacy Policy shall not constitute a
waiver of any future obligation to comply with such provision,
condition or requirement.
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.
I.6. Notices
We
may notify you via postings on www.rest.works, and via e-mail or any
other communications means to contact information you provide to us. If
you are a user in the United States, all notices given by you or
required from you under these Terms of Service or the Restworks Privacy
Policy shall be in writing and addressed to: Restworks 250 Executive
Drive, Bldg. P, Edgewood, NY 11717.
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.
SECTION K. PRIVACY POLICY
Restworks’s
Privacy Policy is designed to provide clarity about the information we
collect about our users and how we use this information to provide a
better social gaming experience. By accepting our Privacy Policy and
Terms of Service in registration or solution installation, you accept
our collection, storage, use and disclosure of your personal information
as described in this Privacy Policy.
K.1 Introduction
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 Privacy Policy describes:
The information We collect, how We do so and the purposes of our collection,
how
We use it and with whom We share the gathered information. How you can
access and update the information. The choices available to you about
how We collect, use and share your information. How We protect the
information We collect and store about you. If you have questions
regarding this Privacy Policy or our collection and use of information,
please contact us as described in Section Contact us.
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.
Your gender.
Your birthday.
By
using a Restworks solution through an SNS, you are authorizing
Restworks to collect, store, and use in accordance with this Privacy
Policy any and all information that you agreed the SNS could provide to
Restworks through the SNS Application Programming Interface (“API”).
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:
Registration Information
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.
Payment Information
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.
Communications Features
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
Posting photos
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.
You can set your web browser to warn
you about attempts to place cookies on your computer or limit the type
of cookies you allow. Flash cookies operate differently than browser
cookies and cookie management tools available in a web browser may not
remove flash cookies. To learn more about and manage flash cookies you
can visit adobe.com and make changes at the privacy settings panel. If
you disable cookies, you may lose some of the features and
functionality, as our cookies are necessary to track and enhance your
use of the solution. Please note that companies delivering
advertisements in our solution or on our websites may also use cookies
or other technologies, and those practices are subject to their own
policies.
Other Sources
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.
Our
collection, use, and disclosure of anonymous or aggregated information
are not subject to any of the restrictions in this Privacy Policy.
Offer Walls
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.
Once
Restworks receives your information from an SNS, that information is
stored and used by us in accordance with this Privacy Policy, and you
may access and update that information as described below. Accounts
created with us are considered active until We receive a user request to
delete them or deactivate them.
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.
K.11. Changes to Our Privacy Policy
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.
If We decide to make material changes to
our Privacy Policy, We will notify you and other users by placing a
notice on www.Rest.works or by sending you a notice to the e-mail
address We have on file for you. We may supplement this process by
placing notices in our solutions and on other Restworks websites.
K.12. Contact Us
If
you have any questions, comments or concerns regarding our Privacy
Policy and/or practices, please use the contact form on www.rest.works.
Restworks
250 Executive Drive, Bldg P.
Edgewood NY 11717
United States