Terms of Service – RestPlay Ltd.
Acceptance of Terms
The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between RestPlay Ltd. ("RestPlay") and yourself ("you") and your use of RestPlay’s products and social games for the web, mobile or any other applicable devices (the “Service”). By accessing or using RestPlay’s Services you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. In these Terms, “RestPlay” also refers to its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to RestPlay as "we" or "us".
You understand that the Service is evolving. You may be required to accept updates to the Service, and to RestPlay’s games which you have installed on your computer or mobile device. You acknowledge that RestPlay may perform these updates remotely and agree that RestPlay may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play RestPlay’s games. We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or a particular game or part of the Service; terminate or suspend your license to use the Service or any part of it; modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some and all users of the Services. If that happens, RestPlay is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for virtual goods previously earned or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in the RestPlay’s Terms.
RestPlay MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT AND RestPlay IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
If you violate the RestPlay’s Terms or any of the terms of other applications stores and platforms (such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google), RestPlay may take action against you and reserves the right to issue you a warning regarding the violation or immediately terminate or permanently suspend any or all accounts you have created using the Service. You agree that RestPlay does not have to provide you any notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion by itself or by any legal representative thereof. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY RestPlay GAME IS A VIOLATION OF RestPlay POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
You may not use the Service if you are under 21 years of age, in which case you must not create an account or submit any personal information through the Service or to RestPlay. At our sole discretion, we may require proof that you meet this condition in connection with use of the Services. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (as defined below) acquired through your use of the Services.
To access or play our games you must create an account with RestPlay (an “Account). You may access the Services via the website, your account in a social network, like Facebook, or, if you are using our mobile Service, an account with the company that provides your mobile applications, like an Apple account. You may need to update third party software from time to time to receive the Service and/or updates and play RestPlay’s games. During the process of creating an Account to access the Service, you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
- You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. RestPlay will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;
- In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify RestPlay and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you and ensure that you "log off" or exit from your Account (if applicable) at the end of each session;
- You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.
- You undertake to monitor your Account to restrict use by minors, and you will deny access to persons under the age of 21. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example PayPal) by minors.
- You shall not have more than one Account per platform or social network, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself.
- You shall not create an Account or use the Service if you are a convicted sex offender.
- You shall not have an Account or use the Service if you have previously been removed by RestPlay or previously been banned from playing any RestPlay game.
- 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.
- You must provide the equipment (computer, mobile device, tablet, etc.) necessary to connect to the Service. You are responsible to pay any fees, including Internet connection or mobile fees, or for data or cellular usage to download and use the Service.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
RestPlay 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 the third party’s rights.
You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile picture.
Subject to your agreement and continuing compliance with the RestPlay’s Terms, RestPlay grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Service using a RestPlay supported web browser or mobile device. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. The RestPlay’s Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. You hereby acknowledge that your license to use the Service is limited by the RestPlay’s Terms, and, if you violate or if, at any point, you do not agree to any of the RestPlay’s Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
Without limiting any other remedies, RestPlay may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the RestPlay’s Terms, illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), RestPlay’s games, or RestPlay’s intellectual property as determined by RestPlay in its sole discretion. You may lose your user name, password and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of RestPlay for any damage that may result from the foregoing, and RestPlay is under no obligation to compensate you for any such losses or results. If you have more than one Account, RestPlay may terminate all of your Accounts.
In addition to the foregoing, RestPlay may selectively remove, revoke or garnishee Benefits associated with your Account. "Benefits" mean any benefits, privileges, items, licensed rights granted, earned, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.
You acknowledge that RestPlay is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing Benefits associated with your Account. In the event that RestPlay terminates your Account, you may not participate in any of the Services again without RestPlay’s express permission. RestPlay reserves the right to refuse to keep Accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: Info@RestPlay.com or submit a ticket via the applicable support channel of the game.
WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT INFO@RestPlay.COM OR SUBMIT A TICKET VIA THE APPLICABLE SUPPORT CHANNEL OF THE GAME.
You agree that any content published by you through the Service is done so through the use of technology and tools provided by RestPlay. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that the publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of RestPlay. You grant RestPlay the right to act as an agent on your behalf as the Service’s operator.
Any communications, messages, posts, comments, chats, images, sounds, and all the material, data, text, graphics, photographs, videos, location information, or any other content, and their selection and arrangement, uploaded or transmitted through a RestPlay game, or any other Communication Channel (as defined below) of the Service by any user, including, but not limited to, your name, profile picture, voice, likeness, biographical information and game records ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by RestPlay (as further detailed below). Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload, post or otherwise transmit via the Service. RestPlay shall not bear any responsibility for any of the abovementioned content, and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
You hereby grant RestPlay and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, 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, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use of the User Content you may submit. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). The license you grant us to use User Content (except any content you submit in response to RestPlay promotions and competitions or any other content specifically solicited by RestPlay) 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.
- Comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
- Comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
- Comments or other materials that harass or advocate the harassment of another person;
- Comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
- Comments or other materials that are false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous; or
- Comments or other materials that infringe any party's trademark, trade secret, copyright or other proprietary rights.
You acknowledge that we are not responsible for any User Content posted in connection any portion of the Services. We are merely providing access to the Services and User Content as a service to our users to be used in accordance with these Terms. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Services and in taking any actions based upon such User Content. Accordingly, you will bear all risks associated with any such User Content that you access or use.
RestPlay may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that RestPlay will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
RestPlay reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever 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. You hereby agree that, to the maximum extent permitted by applicable law, RestPlay shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
If you are aware of any User Content posted in connection with the Services which violates the RestPlay’s Terms, please contact us at Info@RestPlay.com or submit a ticket via the applicable support channel of the game. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Notices". Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the application or remove specific User Content.
The Service may provide communication channels such as but not limited to fan pages, forums, blogs communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users and post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics. RestPlay 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. RestPlay shall have no responsibility to evaluate or use any ideas or information you may choose to submit and such data shall be treated as non-confidential and non-proprietary. RestPlay is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. RestPlay may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by RestPlay, and these communications should not be considered reviewed or approved by RestPlay. You will be solely responsible for your activities within the Communication Channels and under no circumstances will RestPlay be liable for any activity within the Communication Channels. You agree that RestPlay may use, sell, exploit and disclose the comments, feedback, suggestions, concepts, ideas, know-how or techniques contained in any communications you provide in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. RestPlay is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users, including without limitations, member’s misuse or misappropriation of any content or information you post in any Communication Channels. If you become aware of misuse of the Service by any person, please contact us at Info@RestPlay.com or submit a ticket via the applicable support channel of the game. 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 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 RestPlay, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access and disclosure.
e no expectation of privacy regarding your use of the Communication Channels. RestPlay is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users, including without limitations, member’s misuse or misappropriation of any content or information you post in any Communication Channels. If you become aware of misuse of the Service by any person, please contact us at Info@RestPlay.com or submit a ticket via the applicable support channel of the game. 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 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 RestPlay, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access and disclosure.
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 RestPlay games. RestPlay 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 and hereby agree to indemnify 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.
In order to encourage users to succeed in our game, we may publish data relating to the most successful users in the game according to various categories of users and statistics, as set upon our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.
Virtual Currencies and Goods
The Service may include an opportunity to earn or purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses or chips all for use in the Service ("Coins") or virtual in-game items or collections (together with the Coins, “Virtual Items”). If you wish to purchase Virtual Items you will be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from RestPlay or any other party unless otherwise expressly authorized by RestPlay in the framework of its Services. You understand that you have no right or title in the Virtual Items appearing or originating in any RestPlay game, whether “earned” in a game or “purchased” from RestPlay, or any other attributes associated with an Account or stored on the Service. Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in RestPlay's sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside 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 RestPlay in writing. We won’t recognize those transfers as legitimate. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without RestPlay’s written permission. Doing so is a violation of these Terms and may result in termination of your Account and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicense able license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. RestPlay retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and RestPlay shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, RestPlay may selectively remove or revoke Virtual Items associated with your Account upon its sole discretion.
earing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. RestPlay retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and RestPlay shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, RestPlay may selectively remove or revoke Virtual Items associated with your Account upon its sole discretion.
Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. RestPlay does not recognize any purchases or transfers made outside of the Service on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the game. We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason or revise the pricing for the Virtual Items at any time. You can get a limited license to Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. Virtual Items purchased in our games on other applications stores or platforms such as but not limited to Facebook, Apple iOS, or Android will be subject to those platforms’ payment terms and conditions. RestPlay does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms’ terms of service for additional information. Your order for Virtual Items will represent an offer to us to obtain a limited license for the relevant service(s) or virtual in-game item(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card or other account through which you paid, whichever comes first. Your limited license to Virtual Items for use in RestPlay games is a service provided by RestPlay that starts when we accept your payment or redemption of third party virtual currency. When you get a limited license to use Virtual Items, they will reside in your Account until discharged through use of the Service or otherwise surrendered as a result of termination of the Services in accordance with these Terms. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an Account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final. If your Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to our payment policy. Other than charges to your Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method. You acknowledge that RestPlay is not required to provide a refund for any other 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, or whether you made a payment through RestPlay.com, applications stores or another platform such as but not limited to Apple, Google, Facebook, or any other sites or platforms where we offer our Services. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, in RestPlay's sole and absolute discretion, or if the Services are no longer available. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your Account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
use of the Service or otherwise surrendered as a result of termination of the Services in accordance with these Terms. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an Account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final. If your Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to our payment policy. Other than charges to your Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method. You acknowledge that RestPlay is not required to provide a refund for any other 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, or whether you made a payment through RestPlay.com, applications stores or another platform such as but not limited to Apple, Google, Facebook, or any other sites or platforms where we offer our Services. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, in RestPlay's sole and absolute discretion, or if the Services are no longer available. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your Account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Services and to be bound by the RestPlay’s Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the RestPlay’s Terms, including without limitation, the Infractions Terms located at: http://www.RestPlay.com/infraction-terms.
You undertake that you shall not defraud, or attempt to defraud, RestPlay or other users, and that you shall not act in bad faith in your use of the Service. If RestPlay determines that you do act in bad faith in violation of the RestPlay’s Terms, or if RestPlay determines that your actions fall outside of reasonable community standards, RestPlay may, at its sole discretion, terminate your Account and prohibit you from using the Service.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules and Infractions Terms. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
- Create an Account or access the Service if you are under the age of 21;
- Upload, post, transmit or otherwise disseminate material or information that is vulgar, violent, indecent, obscene, pornographic, sexual contains nudity, excessive violence or that is, in a reasonable person's view, otherwise offensive or objectionable subject matter or that contains a link to such content;
- Libel, ridicule, defame, mock, disparage, stalk, intimidate, threaten, harass, harm, advocate, incite harassment, or abuse another person, group, RestPlay’s employees, including RestPlay’s customer service representatives, hatefully, racially, religiously, ethnically or in any other manner;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Advertise, solicit or transmit any commercial advertisements or unauthorized communications through the Service, including chain letters, junk e-mail or repetitive messages (spim or spam) and any materials that promote malware, spyware and downloadable items to anyone;
- Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Create false personas, multiple identities, multiple user accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate the RestPlay’s Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
- Attempt to obtain or reveal passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, financial information or any information that may be sued to track, contact or impersonate another individual, including without limitation, other users and RestPlay’s employees;
- Upload or transmit (or attempt to upload or to transmit), without RestPlay’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"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");
- Improperly use support channels to make false reports to RestPlay or using profane and abusive language in your communications with our support personnel;
- Use the Service in order to design, assist, develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, hacks, mods or any other unauthorized third party software designed to allow the user to cheat or obtain an unintended advantage while using the Services or modify or interfere with the Service or any RestPlay game experience, including, without limitation, enabling unauthorized activity related to Users’ balances;
- Exploit, distribute or publicly inform other members of any game error, miscue, bug or technical malfunction which gives an unintended advantage, including but not limited to accessing one time promotions more than once;
- Deal with Virtual Items in a manner that violates these Terms, including transferring Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Rent, lease, sell, trade, gift, bequeath or otherwise transfer or share your Account to anyone without RestPlay’s written permission;
- Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without RestPlay’s written permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Use the Service, intentionally or unintentionally, in connection with any violation of any applicable laws or regulations, or encourage or promote the violation of any applicable law or regulation or any illegal activity including, but not limited to, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;
- Attempt to use the Service on or through any service that is not authorized by RestPlay. Any such use is at your own risk and may subject you to additional or different terms. RestPlay takes no responsibility for your use of the Service through any service that is not authorized by it;
- Collect, harvest, post or communicate any person's real-world personal information or private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service;
- Interfere with the ability of others to enjoy using the Service or any RestPlay game, including disrupt, overburden, assist or aid in the disruption or overburdening of any computer or server used to offer or support the Service or any RestPlay game environment, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users;
- Engage in any act that RestPlay deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating the RestPlay’s Terms, our game rules, game mechanics or policies;
- Without RestPlay’s express written consent, modify or cause to be modified any files, codes, or any other component which is part of the Service;
- 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;
- 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 RestPlay, 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;
- Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
- 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;
- 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 RestPlay game characters, elements, or environment. RestPlay may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- 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;
- 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;
- 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;
- Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (ii) any connection using programs, tools, or software not expressly approved by RestPlay;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or 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 RestPlay;
- Copy, modify or distribute rights or content from any RestPlay site or game, or RestPlay’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms;
- Solicit or attempt to solicit personal information from other users of the Service;
- Use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service and User Content; or
- Use any automatic machine to operate RestPlay Client Software or use any other RestPlay software, other than the RestPlay Client Software.
- Use the RestPlay Server API with any software other than the RestPlay Client Software.
Any use of the Service in violation of these Rules of Conduct and Usage is strictly prohibited, can result in the immediate revocation of your limited license granted hereunder and termination of your Account; and may subject you to any criminal and financial liability for violation of criminal and civil laws.
Intellectual Property (IP) Ownership
RestPlay retains all rights in the Service materials (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, personalized avatar, recordings of games played and other files, and their selection and arrangement) (collectively, “Service Materials”) are copyrighted works owned, controlled or licensed by RestPlay. The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. RestPlay reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service and RestPlay’s names, logos, trademarks, brands or service marks (“Trademarks”) used with the Service and are owned or licensed by RestPlay. You may only use the Service Materials in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Service Materials may not be used by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. Any unauthorized use by you of the Service Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code, copy, transfer, create derivative works from, assign, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, grant a security interest, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without RestPlay's explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. Anything you transmit or post may be used by RestPlay for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, RestPlay is free to use any ideas, concepts, know-how or techniques contained in any communication you send to RestPlay for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any compensation to you. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from RestPlay. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks or Service Materials without our written consent.
RestPlay and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
RestPlay respects the intellectual property of others, and we ask our users to do the same. If you are the owner of a United States copyright and you believe that your work has been copied in the Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
- a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located in the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
8 HaChoshlim St. Herzliya 4672408, Israel.
Attn: Legal Department
RestPlay’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local laws that may apply. RestPlay reserves the right to terminate without notice any user's access to the Service if that user is determined by RestPlay, in its sole discretion, to be a "repeat infringer”. We do not have to notify the player before we do this. In addition, RestPlay accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
Promotions, Contests, Sweepstakes and Offers
From time to time, we may offer limited time promotions, contests, sweepstakes and special offers. Please review the official rules associated with such promotions located at http://www.RestPlay.com/promotion-official-rules. They will apply in addition to these Terms.
In addition, from time to time, we may promote features, programs, including offers, excursions, and special gifts, both digital and tactile, that RestPlay may offer from time to time to all or to certain eligible players (“Offers”). We are not required to give, and players are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept an Offer you also assume all liability associated with the Offer. Sometimes, we may request your feedback on certain features through a promotion or our customer insights program. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. All Offers are governed by the official rules located at http://www.RestPlay.com/promotion-official-rules, unless different official rules were provided and published by RestPlay for any specific Offer.
You hereby agree and acknowledge that the acceptance of any Offer or participation in any promotion, constitutes your consent to RestPlay’s use of your name, likeness, photograph, voice, opinions, hometown, state and/or province for RestPlay’s purposes, at its sole discretion in any media, worldwide, without further payment or consideration.
Third Party Websites and Advertising
Disclaimer of Warranty; Limitation of Liability
By accessing, using or downloading the Services you acknowledge and agree that your use of the Service, in whole and in part (including, without limitation, all content, and user materials), shall be at your sole risk and is provided on an "as is" basis. To the fullest extent permitted by law, RestPlay, affiliates or subsidiaries, or any of their its officers, directors, employees, contractors, partners and agents disclaim all warranties, conditions or other terms of any kind, either explicit or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. RestPlay makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service or that the Service will be uninterrupted or error-free and assume no liability or responsibility for any:
(i) Errors, defects, mistakes, or inaccuracies of content;
(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
(iii) Any unauthorized access to or use of RestPlay’s secure servers and/or any and all personal information and/or financial information stored therein;
(iv) Any interruption or cessation of transmission to or from the Service;
(v) Any bugs, viruses, harmful components, trojan horses, or the like which may be transmitted to or through the Service by any third party;
(vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; (vii) Human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Services; (viii) Quality, accuracy, completeness and validity of any information or materials in connection with the Services; or (ix) The Services will meet your requirements or that transmissions or data will be secure.
transmissions or data will be secure.
In case of a malfunction or disruption of the Services that prevents you from completing a game in which you have begun to participate, RestPlay may allow users to participate again in a game until the participation is complete. RestPlay reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. RestPlay also reserves the right to limit your game play or terminate your participation in the Services should RestPlay determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. RestPlay is not liable for any potential winnings or other lost opportunity from any unfinished game. The games offered through the Services do not replicate the odds of winning or the payouts of similar games found in casinos.
By accessing or using the Services, you agree that RestPlay is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled.
In no event will RestPlay, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, be liable to you or any third party for: (i) any special, direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever or any other losses, costs, or expenses of any kind including any lost profits, loss data or goodwill, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the Service or other materials or content on, accessed through or downloaded from the Service, or browsing of the Services or through your downloading of any materials, data, text, images, video or audio from the Services; or (ii) for the conduct of third parties, including other users of the Service and operators of external sites. The risk of using the Service and external sites rests entirely with you as does the risk of injury from the Service and external sites. 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, whether based on warranty, breach of contract, tort (including negligence), or any other legal theory, and whether or not RestPlay has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that RestPlay shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party, including other users of the Service and operators of external sites and that the risk of harm or damage from the foregoing rests entirely with you.
To the fullest extent permissible under applicable laws, under no circumstances will RestPlay, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees be liable to you for more than the amount you have paid RestPlay in the ninety days (90) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid RestPlay any amounts in the ninety days (90) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with RestPlay is to stop using the Service and to cancel your account.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this 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 RestPlay. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.
To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold RestPlay, and each of its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:
(i) Your use or misuse of and access to the Service;
(ii) Your violation of any term of the RestPlay’s Terms; (iii) Your breach of the representations, warranties, and covenants made herein;
(iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(v) Any claim that a user submissions made by you has caused damage to a third party; or
(vi) Any User Content you post or share on or through the Service.
RestPlay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RestPlay, and you agree to cooperate with RestPlay’s defense of these claims. RestPlay 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.
Law & Jurisdiction
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree RestPlay cannot be held liable if laws applicable to you restrict or prohibit your participation. RestPlay makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with RestPlay have authority to make any such representations or warranties. RestPlay reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted. These Terms 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 Israel, without regard to principles of conflict of laws and regardless of your location. You agree that any claim or dispute between you and RestPlay that arises in whole or in part from your use of the Service shall be resolved exclusively by the courts of competent jurisdiction located in Tel Aviv - Jaffa, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Tel Aviv - Jaffa. YOU AND RestPlay AGREE THAT ANY CAUSE OF ACTION REGARDLESS OF FORM, ARISING OUT OF OR RELATED TO THE SERVICE AND/OR THE RestPlay’S TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The RestPlay’s Terms constitute the entire agreement between you and RestPlay relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. The RestPlay’s Terms cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with RestPlay. Nothing in this subsection will prevent RestPlay from modifying the RestPlay’s Terms.
You and RestPlay agree that if any portion of the RestPlay’s Terms 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 RestPlay’s Terms, which shall continue to be in full force and effect.
RestPlay may assign or delegate the RestPlay’s Terms, 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 RestPlay’s Terms without RestPlay’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
The failure of RestPlay to require or enforce strict performance by you of any provision of the RestPlay’s Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of RestPlay's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by RestPlay of any provision, condition, or requirement of the RestPlay’s Terms 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, no representations, statements, consents, waivers, or other acts or omissions by RestPlay shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of RestPlay.
You acknowledge that the rights granted and obligations made under the RestPlay’s Terms to RestPlay are of a unique and irreplaceable nature, the loss of which shall irreparably harm RestPlay and which cannot be replaced by monetary damages alone. Accordingly, RestPlay 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 RestPlay game, 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 “Limitation of Liability” set forth above (if any).
The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance.
RestPlay shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RestPlay, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond RestPlay’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.
We may notify you via postings on www.RestPlay.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under the RestPlay’s Terms shall be in writing and addressed to: RestPlay Ltd., Attn: Legal Department, 8 HaChoshlim St., Herzliya 4672408 Israel. Any notices that you provide without compliance with this Section on Notices shall have no legal effect. If you have any questions regarding the RestPlay’s Terms you may contact us to the following address: Info@RestPlay.com or submit a ticket via the applicable support channel of the game.
Last updated: November 2017