Terms of Service

 

Terms of Service

 

Last Updated: September 7, 2019

RESTLESS’ TERMS OF SERVICE ARE CHANGING. THE UPDATED TERMS OF SERVICE WILL BE EFFECTIVE SEPTEMBER 7, 2019. IF YOU USE OUR SERVICE AFTER THAT DATE, YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE TO THE UPDATED TERMS.

 

Consent to Marketing

By accepting these terms as stated above, you hereby consent:

  1. To receive or continue to receive Restless’ e-mail newsletters including news on new features and new or updated publications.

  2. You may opt-out at any time using the opt-out button in the e-mails.

 

Assent to Terms

Welcome to Restless!

These terms and conditions outline the rules and regulations for the use of Restless’ website, located at www.restless.dk.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Restless if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms of Service and Privacy Policy: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms of service. “The Company”, “Ourselves”, “We”, “Our”and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Denmark. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

By checking the “I accept the terms of service” button or by downloading, installing or otherwise using any portion of the Restless service, you assent to and agree to be bound by these terms.

 

1. Modification

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms on a going-forward basis at any time by posting the amended Terms on our website. Please check these Terms periodically for changes. We may provide additional notice, such as an email message or a message within the Restless Service, of any material changes. Unless we state otherwise, changes are effective seven (7) days following the date posted on our website. If you continue to use the Restless Service after the effective date, you agree to the changes. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.

We may also change or discontinue the Restless Service in whole or in part at any time, in our sole discretion. If Restless discontinues a Paid Service (as defined in Section 3(a) below), Restless may either (a) provide a pro-rata refund of fees you pre-paid for such Paid Service or (b) continue to provide such Paid Service to you until the end of your then-current subscription for such Paid Service.

 

2. Additional Terms

Your use of the Restless Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Restless Service or certain features of the Restless Service that we may post on or link to on the Restless Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Restless Service, subject to Section 1. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

 

3. Fees and Payments

Paid Services. Some portions of the Restless Service may have fees associated with them (each, a "Paid Service"). You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. We may change fees for any portion of the Restless Service at any time. Unless otherwise stated, all fees are quoted in EUR, €.

Free Magazine Trial. Restless may make available a Magazine trial for a Paid Service without charge to you ("Free Magazine Trial"). You may be required to enter a Payment Method (defined below) in order to register for a Free Magazine Trial. The applicable Paid Service will automatically commence, and your Payment Method will be charged in accordance with Section 3(d), 7 days after the registration of the Free Magazine Trial unless you enter the Restless download page and cancel the Paid Service within 7 days after the registration.

Payment Information. You are solely responsible for paying all fees and applicable taxes associated with your Restless Service account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize Restless to charge the credit card or other payment method identified by you ("Payment Method"), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.

Subscriptions. For purchases of subscriptions to Paid Services:

Your "Subscription Billing Date" is the date when you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January 10th: (1) your Subscription Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 10th of each month, (2) your Subscription Billing Date for your first annual subscription is January 10th of each year, and (3) your Subscription Billing Date for all subsequent purchases of annual subscriptions will be the next soonest 10th monthly calendar day after your date of purchase. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next month or year, as applicable.

Termination of Subscriptions. For any subscription to a Paid Service, that subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next period's (i.e., month’s or year’s) subscription fees to your Payment Method. We will bill the periodic subscription fee to the Payment Method you provide to us during registration. If you wish a different Payment Method, you must terminate your current subscription and register for a new subscription with the different Payment Method.

Third Parties and Fee Collection. You acknowledge and agree that any credit card and related billing and payment information that you provide to Restless may be shared by Restless with companies who work on Restless’ behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to Restless and servicing you. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due, (i) you agree to pay all amounts due on your Restless account upon demand, (ii) Restless may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (iii) Restless reserves the right to either suspend or terminate your access to the Restless Service. Upon any such termination, you will remain obligated to pay all outstanding fees and charges relating to your account and your use of the Restless Service before termination.

Refunds. Any fees charged to your account are non-refundable except as expressly stated in these Terms. You agree to submit any dispute regarding any charge to your account in writing to Restless within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of Restless.

Taxes. You are responsible for paying any governmental taxes imposed on your use of the Restless Services, including sales, use, or value added taxes. If requested, you will promptly furnish to Restless the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that Restless is obligated to collect such taxes, Restless will charge your Payment Method or otherwise add the applicable to your billing account.

 

4. Permission to Use Restless Service

License. Subject to your compliance with the terms and conditions set out in these Terms, Restless hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to: (i) use the Restless Service to view, use and access content made available via the Restless Service; and (ii) participate in any other programs, services, or features of the Restless Service now or hereafter made available by Restless. 

 

5. Prohibited Conduct

You agree not to commit any act of the following prohibited conduct:

a. use the Restless Service for any purpose other than to disseminate or receive original or appropriately licensed content and to access the Restless Service as such services are offered by Restless;

b. delete the copyright or other proprietary rights markings on the Restless Service;

c. use the Restless Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

d. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms or any Materials (as defined below);

e. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Restless Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Restless Service, or perform any other similar fraudulent activity;

f. hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the Restless Service, features that prevent or restrict use or copying of any content accessible through the Restless Service, or features that enforce limitations on the use of the Restless Service, or intentionally interfere with or damage operation of the Restless Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

g. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Restless Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

h. modify, adapt, translate or create derivative works based upon the Restless Service or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation; or

i. remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), Restless brand elements, including logos, trademarks, service marks or other Materials displayed by Restless in connection with the Restless Service in any manner whatsoever, regardless of your use of the embedding functionality of the Restless Service to display authorized content on your or other third party sites.

 

6. Termination; Violations

a. Except as expressly provided otherwise in these Terms, you agree that Restless, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the Restless Service. Restless may also in its sole discretion and at any time discontinue providing access to the Restless Service, or any part thereof, with or without notice. You agree that any termination of your access to the Restless Service may be affected without prior notice except as expressly provided otherwise in these Terms, and you agree that Restless will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Restless may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Restless Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with: (i) the Restless Service; (ii) any term of these Terms; (iii) any policy or practice of Restless in operating the Restless Service; or (iv) any content or information transmitted through the Restless Service, is to terminate these Terms.

b. You may cancel a Paid Service at any time by navigating to your download page within the Restless Service and selecting the option to cancel that Paid Service. Unused fees are non-refundable and Restless reserves the right to charge you subscription fees through the end of the subscription term that you elected. If Restless charges you fees for the full subscription term, you will continue to have access to the cancelled Paid Service through the end of your subscription term, and these Terms will continue to apply to your use of that Paid Service.

 

7. Privacy; Consent to Electronic Communications

a. Your privacy is important to Restless. Restless’Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Restless’ collection, use, and disclosure of your personal information.

b. By registering for a Restless Service, you consent to receiving certain electronic communications regarding the Restless Service from us as further described in our Privacy Policy. In addition, when you register for a Restless Service, you are automatically opted-in to receive commercial email from Restless, which may include newsletters, announcements, and recommendations. You may opt-out of commercial email (but not system administration communications) at any time by following the instructions contained within the email. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

8. Ownership; Proprietary Rights

The Restless Service is owned and operated by Restless. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Restless Service provided by Restless (the "Materials") are protected by EU copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All trademarks, service marks, and trade names are proprietary to Restless or its affiliates or third-party licensors. Except as expressly authorized by Restless, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Restless reserves all rights not expressly granted in these Terms.

 

9. Indemnification

You agree to indemnify Restless, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Restless Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you in these Terms. Restless reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Restless, and you agree to cooperate with Restless’ defense of these claims. Upon notice of any impending claim, action or proceeding, Restless will use reasonable efforts to notify of any indemnification obligation.

 

10. Disclaimer of Warranties

You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Restless Service or any linked sites at your own discretion and risk and that you will be solely responsible for any damages to your property (including your computer system) or loss of data that results from the download or use of such material, or data. The foregoing disclaimers shall apply to the extent permitted by applicable law.