Terms of Service v2.3.1

Please read these Terms of Service and our Privacy Policy carefully before using Butterscotch Shenanigans, Inc. ("Bscotch") Services.

Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and Bscotch. If you do not agree to all the terms and conditions, you must not use our Services.

Definitions

Account: Any account provided by Bscotch that you create to access certain Services. Including, but not limited to, BscotchID® and Rumpus™. Accounts may include records of Virtual Goods. Accounts are linked to email addresses and/or third party Platform Accounts, access to which serve as proof of Account ownership. If a user loses access to the email address(es) or Platform Accounts linked to their Bscotch Account, and therefore cannot access their Bscotch account, that user will not be able to prove that they are the Account holder and the Account will therefore become Inactive.
Inactive Account: An Account that is deemed by Bscotch to no longer be in use by the Account holder. The definition of "Inactive" will be at Bscotch's discretion, and may be based on average usage of the Services by other users. We may in addition send an email to an Account holder requesting them to confirm that the Account is active. If the user has no email address(es) associated with their Account, or if we do not receive confirmation within the requested time window, the Account will be deemed Inactive.
Platform Account: A third party account that can be used to register and/or log into a Bscotch account.
Delegation Key: A code that grants access to a subset of Services on behalf of a user's Account.
In-App Purchases: Virtual Goods and non-virtual goods available for purchase through the Services. Including, but not limited to certain perks, such as removal of ads or other permanent changes to how a game works or what it contains.
IP Right: Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, content, item, or combinations thereof.
Privacy Policy: Bscotch policy regarding privacy. The current version is found at https://www.bscotch.net/privacy.
Service or Services: Any game, website, app, software and other related Services provided by Bscotch and its affiliates.
Terms of Service or Terms: The terms and conditions of this agreement.
Terms Version: A sequence of numbers representing a specific version of these Terms, for example "2.2.0".
Virtual Goods: Digital material Bscotch may make available under certain restrictions. Including but not limited to Service keys and licenses, and content or functionality provided within Services.

Changes to these Terms

As our Services, our business, and applicable laws change, we may change our Terms of Service. Below is the history of changes along with the corresponding Terms Versions.

Version 2.3.1 (June 10,2020). Company address changed.
Version 2.3.0 (July 2, 2019). Added definition for "Platform Accounts" and updated definition of Bscotch Accounts. Previously Bscotch Account ownership was tied only to email addresses, it can now be tied to third party Platform Accounts.
Version 2.2.1 (June 13, 2019). Clarifications to the "Additional Warranties . . ." section and information about Informal Dispute Resolution.
Version 2.2.0 (June 10, 2019). Added the "Delegation Key" definition and relevant Terms in preparation for the launch of Rumpus Community Edition ("Rumpus CE"). Added a section explicitly explaining how we provide notice when these Terms change.
Version 2.1.0 (May 24, 2018). Minor updates for GDPR addressing our definition of children, the scope of our services, and joint controller relationships. Some minor clarification of language throughout. Explicitly defined "Account" and "Inactive Account". Updated the User Generated Content Licensing section in preparation for our next major title, Levelhead.
Version 2.0.0 (December 27, 2017). Major overhaul. Many updates and additions in preparation for the launch of the Rumpus service.
Version 1.1.0 (November 10, 2016). These Terms, written by real lawyers, entirely replaced our prior privacy policy.

Notice

We will provide notice when we change these Terms, using all of the following methods:

A blog post on our website.
An alert shown on our website to logged-in users, when the login date is older than the date upon which these Terms were updated.

Any changes will go into effect immediately upon your use of the Services following such notice. If such changes cause your use case to be in violation you must make any changes necessary to ensure that your use is no longer in violation.

Ownership and Limited License — Services are Licensed Not Sold

Ownership

All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Bscotch game client, and the Bscotch game clients and server software) are owned or licensed by Bscotch. Bscotch reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and Services.

License.

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Bscotch policies, Bscotch grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.

License Limitations.

Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and deletion of your accounts, and may subject you to liability for violations of law. Further, we may delete Inactive Accounts.

You acknowledge you will not directly or indirectly:

Partake in any activity or action that Bscotch deems to be against the spirit or intent of the Services.
Copy, modify, edit, create derivative works of, republish, distribute or reproduce any Service or related content.
Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services.
Organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Bscotch.
Attempt to harass, threaten, bully, embarrass, abuse, or harm, another person or Bscotch itself.
Advocate or incite harassment, abuse, or harm of another person or Bscotch itself.
Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the Services.
Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, Web APIs, In-App Purchases, Virtual Goods, or Bscotch.
Use services to obtain, generate, or infer any business information about Bscotch, including without limitation information about sales or revenue, staff, technical stack, or statistics about users.
Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying Bscotch..
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Bscotch employee.
Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
Attempt to modify the intended functionality of the services (i.e. "hacking" or "cheating").
Use the Services where they are prohibited by law.

Your Account and Virtual Goods and/or In-App Purchases.

No matter what else is stated in these Terms or anywhere else within the Services, you have no right or title to the Accounts you create on our Services and your Accounts are not your property. Likewise, In-App Purchases and Virtual Goods, regardless of whether they were "earned", purchased from online stores, or purchased within the Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by Bscotch and are licensed to you under these Terms.

We may delete Inactive Accounts (and associated Virtual Goods). To voluntarily delete your Rumpus or BscotchID account, visit https://www.bscotch.net/account.

We may also delete Accounts (and associated Virtual Goods) when we believe that they are in violation of the Terms.

User Content

Bscotch assumes no responsibility for the conduct of any user submitting any content created by users ("User Content"), and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk.

When you transmit or upload User Content, you agree to abide by the following rules:

All content will be accurate.
All content will be free of any infringing material.
All content will not be in violation of any law, contractual restrictions, or other parties' rights.
All content will be free of viruses, adware, spyware, worms, or other malicious components.
All content will be free of spam, commercial solicitation, chain letters, and mass communications.
All content will adhere to our Code of Conduct, available at https://www.bscotch.net/conduct.

License

You hereby grant Bscotch an irrevocable, perpetual, transferable, fully paid, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, 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, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Bscotch the right to authorize others to exercise any of the rights granted to Bscotch under these Terms of Service. You further hereby grant to Bscotch the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Bscotch does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.

Fees and Payment Terms

Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. Bscotch may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. Bscotch shall have no liability to you or any third party as Bscotch exercises any such rights.

Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Google Play, Facebook, Apple iOS, or Android will be subject to those platforms' payment terms and conditions. Bscotch does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.

All sales are final and you acknowledge that Bscotch is not required to provide a refund for any reason. You will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

Duration

Unless modified or amended by Bscotch, this agreement and its provisions shall remain in effect. Termination of any license granted by Bscotch under this agreement does not affect any other provisions of this agreement.

Account Access and Permissible Assignment

You warrant and represent that you:

Are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself;
Are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services; or
Are a minor age 13-17 who has been authorized under the provisions below.

This Service is only offered and made available to users meeting the minimum legal age to provide their own consent (e.g., at least 13 years of age in the US and at least 13 to 16 years of age in the EU, depending on the country). If you do not meet the minimum legal age you must not create an Account, use any part of the Services, or submit personal data through the Services. By using or attempting to use the Service, you certify that you are at least the minimum age and meet any other eligibility requirements of the Service. If you are found to be under the minimum age, your account may be terminated without notice.

Each Account may only be used by one person. If a minor has been allowed access to an Account under the provisions below, only that minor may use the Account thereafter. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by you to do so is null and void.

If you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services, you can choose to allow use of your Account by that minor instead of yourself subject to the following provisions:

You acknowledge, and further agree they are entering into an agreement with your consent;
You acknowledge, and further agree that you are responsible for all the provisions they have agreed to on your behalf;
You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
In consideration for Bscotch allowing access to the Services by a minor, and in addition to the provisions of the Section below titled “Indemnity”, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Bscotch with respect thereto.

Services and Availability

You acknowledge that Bscotch may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Services.

You acknowledge that admission to or use of the Services may be interrupted for reasons within or beyond the control of Bscotch, and that Bscotch cannot and does not guarantee you will be able to use the Services whenever you wish to do so.

Bscotch has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any and all Accounts, at any time, for any reason, without Notice and without liability to you.

Bscotch might not offer the Services in all countries or geographic locations.

You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our Services.

Additional Warranties and Representations by You

You acknowledge that Bscotch and Bscotch affiliates are not liable and hereby expressly waive any and all claims against Bscotch and its affiliates for the following:

For any indirect incidental special exemplary or consequential damages including for loss of profits goodwill or data in any way whatsoever arising out of the use of or inability to use the service; or
For the conduct of third parties including other users of the service and operators of external sites, including third parties to whom you have provided Delegation Keys whether willingly or otherwise.

The risk of using the service rests entirely with you as does the risk of injury from the service.

To the maximum extent permitted by applicable law, you hereby acknowledge and agree that Bscotch will not have any liability for any damages caused by the Services, your use of the Services, whether directly or indirectly, or for any defect in the Services or for any interruption in the use thereof.

To the maximum extent permissible under applicable laws the total liability of Bscotch and or Bscotch affiliates is limited to the total amount you have paid Bscotch and or the Bscotch affiliate in the one hundred and eighty days 180 days immediately preceding the date on which you first assert any such claim.

If you have not paid Bscotch or any Bscotch affiliate any amount in the one hundred and eighty days 180 days immediately preceding the date on which you first assert any such claim your sole and exclusive remedy for any dispute with Bscotch and or any Bscotch affiliate is to stop using the Services and to cancel your Accounts.

You represent and warrant that you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a terrorist supporting country and you are not listed on any United States government list of prohibited or restricted parties.

Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. Such limitations/exclusions may not apply to you if you reside in one of those states or countries.

You acknowledge and agree that Apple Inc. ("Apple"), and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right, and has accepted the right, to enforce the Terms against you as a third party beneficiary thereof. You acknowledge that our Services include ancillary services required to better our products, including but not limited to, analytics, telemetrics, targeted advertising, and marketing.

Indemnity

You agree to defend, indemnify and hold harmless Bscotch, any third-parties under agreement with Bscotch, any parent, subsidiary or affiliate of Bscotch, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:

Your failure to comply with any provision of this agreement;
Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.

You acknowledge, and further agree, that Bscotch has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.

Dispute Resolution

Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter "Dispute") you agree to try to resolve any Dispute informally ("Informal Dispute Resolution") for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. To initiate such Informal Dispute Resolution you may contact Bscotch according to the terms described herein.

Contact Information. Bscotch can be contacted via the Internet at contact.bscotch.net or at the following mailing address:

Butterscotch Shenanigans, Inc.
11469 Olive Blvd Box #286 Creve Coeur, MO 63141-7108

Mandatory Binding Arbitration. If you cannot resolve a Dispute via Informal Dispute Resolution within thirty (30) days or if Bscotch, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or Bscotch may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.

The American Arbitration Association (AAA) will run the arbitration between you and Bscotch, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
You understand and further agree that you have the right to consult with independent legal counsel of your own choosing regarding this and any other provision in this agreement and that this binding arbitration provision will eliminate your legal right to sue in court and or have a jury trial with respect to any such dispute Accordingly, you and Bscotch agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.

General Provisions

It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that Bscotch may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.

Complete Agreement. This agreement: (1) is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents; (3) is not assignable, except to a successor in interest to all or substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns.

Severability. If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.

Force Majeure. Both you and Bscotch shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or Bscotch, as applicable under the circumstances.

No Waiver. If We do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.

Waiver. Signed written consent from a legally authorized representative of Bscotch is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.

Injunctive Relief. You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to Bscotch, entitling Bscotch to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Bscotch as a result of a breach of any of the provisions of this agreement.

No Joint Controller Relationships. Nothing in this agreement or any other agreement is intended to, or shall be deemed to, establish any joint controller relationship under the General Data Protection Regulation (and similar laws) between Bscotch and its partners, API users, SDKs, and sites or apps that we link to.

Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of Missouri, or, as appropriate, by federal law as applied by a federal court sitting in Missouri, both without regard to Missouri choice of law rules.

Language. To the fullest extent permitted by law, the controlling language of these Terms of Service is English.