Restor Website Terms of Use
Restor Eco AG (“Restor”) is a limited company based in Zürich (Switzerland) with business identification number (UID) CHE-400.393.256. It is 100% owned by a Swiss charitable Foundation, with the purpose to restore, preserve and maintain global ecosystems and their biodiversity. Restor provides services through our websites and applications (collectively, the “Services”). In consideration of being granted the right to access and use the Services, you (“you” or “your”) agree to these terms of use (“Terms”). All use of the Services is subject to these Terms, Restor may, from time to time, modify these Terms and therefore it is recommended that you review the Terms each time you access the Services. By selecting “I accept” when setting up a user account or otherwise using the Services or this site, you acknowledge that you have read, understand, and accept these Terms, and that you agree to be bound legally by these Terms. If you do not agree to these Terms, you must not use Services or this site. You also acknowledge to have read and understood our Privacy Policy related to Restor's use of your personal data.
Restor may amend these Terms from time to time. Every time you wish to use the Services, please check these terms to ensure you understand the terms that apply at that time. These Terms were most recently updated on the date stated at the bottom of these Terms.
- Restor may update and change this site from time to time to reflect changes to the Services or for improvements or updates to site functionality or display. Restor is the owner or the licensee of all intellectual property rights in the site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. These Terms provide to you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access or use the Services, conditioned on your continued compliance with the Terms.
- If you choose, or you are provided with, user account(s) information, user name(s) or any other piece of information as part of Restor's security procedures you must treat this information as confidential and you must not disclose it to any third party. You will be solely responsible for: a) ensuring your user account(s) information, user name(s) and password(s) are kept confidential; b) all activities, damages and losses that occur in relation to your account(s), even if access or use of such account(s) is not known to or authorized by you; c) the accuracy, quality, integrity, legality, reliability, and appropriateness of the data you entered into the Services; and d) complying with all applicable international, local, state, and federal laws in using the Services. If you suspect there is any loss or disclosure of any password or unauthorized use of your account(s), you agree to immediately notify Restor. Restor may suspend or revoke access to the Services or the site, or move any content you have uploaded to the site, without liability to you at any time without notice if it finds you not in compliance with these Terms or the applicable law. Restor does not guarantee that the site, or any content on it, will always be available or be uninterrupted. Restor may suspend or withdraw or restrict the availability of all or any part of the site for business and operational reasons. Restor will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these Terms of use and other applicable terms and conditions, and that they comply with them.
- You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided through the Services in any manner not expressly permitted by these Terms.
- You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automated device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, monitor or republish any portion of the data, content, information or Services accessed via the same or in any way reproduce or circumvent the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services, (ii) attempt to gain unauthorized access to any portion or feature of the Services, including, without limitation, the account of another user(s), or any other systems or networks connected to the Services or to any Restor systems, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Services or any network connected thereto, nor breach the security or authentication measures on the Services, or any network connected thereto, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, Restor’s systems or networks or any systems or networks connected thereto, (vi) use any device, software, or routine to interfere with the proper working of the Services, (vii) use the Services in violation of any applicable International, foreign, federal, state or local law, regulation or rules. The provisions in this clause should be treated as an express reservation of Restor's rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) Restor is unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
- You agree that you will not use the information provided via this Services for illegal purposes, or in any manner inconsistent with these Terms. You will not hack or attempt to hack the Services, inject any form of computer viral material or any other detrimental substance into the Services, or perform any unauthorized activities against or in the Services.
- The content on the site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site.
- Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Restor of those linked websites or information you may obtain from them. Restor has no control over the contents of those sites or resources.
- The site may include information and materials uploaded by other users of the site, including information about user's restoration projects. This information and these materials have not been verified by Restor. The views expressed by other users on the site do not represent Restor's views or values. If you wish to complain about content uploaded by other users, please contact us using the contact details below.
- Whenever you make use of a feature that allows you to upload content to the site, you must not use the site:
- in any way that breaches any applicable International, foreign, federal, state or local law, regulation or rules;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to bully, insult, intimidate or humiliate any person;
- to in good faith send, knowingly receive, upload, download, use or re-use any material which does not comply with Restor's mission;
- to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
- to upload terrorist content.
- You warrant that any content you upload to the site complies with clause 9 and you will be liable to Restor and indemnify Restor for any breach of this warranty. This means that you will be responsible for any loss or damage that Restor suffers as a result of your breach of warranty.
- Any content you upload to the site will be considered non-confidential and non-proprietary, except where you are expressly notified otherwise on the site. You retain all of your ownership rights in your content but, subject to clause 12, you are required to grant Restor and a limited license to use, store and copy that content and to distribute and make it available to third parties. You grant Restor the following rights to use that content:
- a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services and the site (including to promote the site and the Services) forever; and
- a worldwide, non-exclusive, royalty-free, transferable license for other users (including Restor's customers), partners or advertisers to use the content for the purposes of receiving services from Restor forever.
- Where you choose to select that the content you upload to the site will be private, you grant Restor a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services and the site. You acknowledge and agree that Restor may perform analysis on such content and distribute and make available to third parties the results of such analysis in an anonymized and aggregated form.
- Restor also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the site constitutes a violation of their intellectual property rights or of their right to privacy.
- You are solely responsible for securing and backing up your content.
- Restor does not guarantee that the site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the site. You should use your own virus protection software.
- You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Restor will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
- You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage Restor's reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Restor's part where none exists. You must not establish a link to the site in any website that is not owned by you. The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. Restor reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in clause 9.
- Liability exclusion:
- All UK and EU users: Nothing in these Terms is intended to exclude or limit any party's liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law. To the extent permitted by applicable law, Restor will not be responsible for:
- losses that were not caused by Restor's breach of these Terms;
- any loss or damage that was not, at the time that this Terms formed an agreement between you and Restor, a reasonably foreseeable consequence of Restor breaching these terms; or
- the content uploaded by any user.
- UK and EU business users: If you are a business user, Restor will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the site, or use of or reliance on any content displayed on the site. In particular, Restor will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
- UK and EU consumer users: Please note that Restor only provides the site for domestic and private use. You agree not to use the site for any commercial or business purposes, and Restor has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Restor excludes all liability for damage or consequential damage resulting from access to the website or individual parts thereof (in particular also downloaded documents), their use (or from the impossibility of access or use) or links to other websites. Restor takes every care to ensure that the information on the website is correct and up-to-date at the time of publication and does not infringe any third-party rights (in particular rights to the protection of personality). Nevertheless, Restor cannot guarantee the accuracy, reliability or completeness of the information in particular, which is why according to this provision, any liability is excluded for all cases.
- All UK and EU users: Nothing in these Terms is intended to exclude or limit any party's liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law. To the extent permitted by applicable law, Restor will not be responsible for:
- Should any provision of these Terms be declared invalid or unenforceable by a court of competent jurisdiction, such decision will not affect the validity or enforceability of any of the other provisions of these Terms, which other provisions will remain in full force and effect, and the application of such invalid or unenforceable provisions to persons or circumstances other than those as to which it is held invalid or unenforceable will be valid and be enforced to the fullest extent permitted by law.
- Restor may transfer its rights and obligations under these Terms to another organization. Restor will endeavour to tell you in writing if this happens and to ensure that the transfer will not affect your rights under these Terms.
- You represent and warrant that you are duly authorized to accept the Terms.
- These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland (not giving effect to the provisions thereof relating to conflicts of law and under exclusion of the United Nations’ Convention on Contracts for the International Sale of Goods). The Courts of Zürich, Switzerland shall have exclusive jurisdiction.
To contact us, please use the email address community@restor.eco or write to us at our address below:
Restor
Universitätstrasse 25
Zürich 8006
Switzerland
Last updated: October 27 2022