Last Modified on May 5th, 2020
Important: Please read these Terms of Use carefully before continuing to use one of our Games.
Section 17 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
Please read it carefully.
These Terms of Use (the “Agreement”) apply to the Scatterbrain Studio Game “Hexicon,” and the Scatterbrain Studio websites located at https://scatterbrainstudio.com/ and https://hexiconapp.com/ (together, the “Service”), provided by Scatterbrain Studio, LLC (“Scatterbrain Studio”).
By continuing to use the Service, you agree as follows:
1.1.
You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
1.2.
You are at least 13 years of age or your parent or guardian has agreed to this Agreement on your behalf;
1.3.
You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Scatterbrain Studio from time to time; and
1.4.
You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
Scatterbrain Studio grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
Even though you may have purchased or licensed the Service through Apple, the Apple App Store, or other Apple-authorized entity (together, “Apple”), through Google or other Google-authorized sources (together, “Google”), or other third-party platform, neither Apple, Google, nor any third-party platform is a party to this Agreement and have no obligations to you in connection with the Service, except as described in their own Terms of Use or other agreement.
You understand that you may receive business-related communications from Scatterbrain Studio through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related email messages will be accompanied by instructions for opting out.
4.1.
Account Creation. In order to play some of our Games on the Service, you need to register for an Account to use the Service. You may create an Account only if you are at least 13 years old. If you are at least 13 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to access and use the Service.
You may create an Account for free by signing up through a registration form on the Service. You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Scatterbrain Studio immediately of any breach of security or unauthorized use of your Account.
4.2.
Accurate Information. When creating your Account, you promise to provide valid contact information and accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
4.3.
Suspension of Accounts. Scatterbrain Studio may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
4.4.
Your Username. Scatterbrain Studio may force you to change your username if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Scatterbrain Studio deems it unacceptable by community standards. You additionally agree that your username:
4.5.
Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through chats, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Scatterbrain Studio as it sees fit. Scatterbrain Studio will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
4.6.
No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Scatterbrain Studio owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts.
Virtual goods, downloadable content, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase or otherwise earned through the Service. Your election to make a purchase with real currency will be an offer to Scatterbrain Studio to purchase at the prices and on the terms set forth on the Service.
You agree that you have no right or title in or to any Virtual Items. Scatterbrain Studio does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service. Virtual Items that may be originally acquired by “farming” are subject to confiscation by Scatterbrain Studio. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-world value and are licensed, not owned.
Any refunds on the Service are at Scatterbrain Studio’s sole discretion. You can request a refund by contact Scatterbrain Studio at support@scatterbrainstudio.com.
Scatterbrain Studio may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Scatterbrain Studio is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Scatterbrain Studio under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Scatterbrain Studio will be and remain the sole property of Scatterbrain Studio and will be subject to the terms and conditions of this Agreement.
Scatterbrain Studio customer support may be reached by contacting us at support@scatterbrainstudio.com. You agree that you will look solely to Scatterbrain Studio in connection with Support Services.
Scatterbrain Studio reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Scatterbrain Studio will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Scatterbrain Studio reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Scatterbrain Studio or between you and other parties.
Scatterbrain Studio and its affiliates and agents are permitted, but not obligated, to review or retain your communications.
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Scatterbrain Studio does not control the Linked Services, and Scatterbrain Studio and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Scatterbrain Studio has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Scatterbrain Studio cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Scatterbrain Studio or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
The Service is owned by Scatterbrain Studio and is protected by United States and international copyright and other intellectual property laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Scatterbrain Studio. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Scatterbrain Studio or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Scatterbrain Studio. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Your use of the Service is entirely at your own risk.
The Service is provided by Scatterbrain Studio on an as-is basis. Scatterbrain Studio expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Scatterbrain Studio makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Scatterbrain Studio, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
To the maximum extent permitted by applicable law, neither Apple, Google, Amazon, or any other platform from which you downloaded the Service is a party to this Agreement or your purchase or license of the Service. None of the foregoing entities make any warranties, or assume any obligations whatsoever with respect to: (i) the Service; or (ii) any claims, losses, liabilities, damages, costs, or expenses from the Service, including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
You expressly understand and agree that Scatterbrain Studio is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Scatterbrain Studio has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Scatterbrain Studio and its affiliates will be limited to the fullest extent permitted by law.
You agree to indemnify Scatterbrain Studio and its affiliates, officers, agents, and employees against any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Scatterbrain Studio or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://hexiconapp.com/privacy_policy.html. You agree that your use of the Service is subject to the Privacy Policy.
Scatterbrain Studio reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Scatterbrain Studio reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Scatterbrain Studio to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Scatterbrain Studio harmless from any claims resulting from any action taken by Scatterbrain Studio during or as a result of its investigations or from any actions taken as a consequence of investigations by either Scatterbrain Studio or law enforcement authorities.
The Agreement, and all future agreements you enter into with Scatterbrain Studio, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Pennsylvania. This is the case regardless of whether you reside or transact business with Scatterbrain Studio, or any of its affiliates or agents, in the State of Pennsylvania or elsewhere. Unless a dispute would be governed by the terms of Section 17 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Philadelphia, Pennsylvania, United States.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Scatterbrain Studio by sending a message via email to support@scatterbrainstudio.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND SCATTERBRAIN STUDIO AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to support@scatterbrainstudio.com describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Philadelphia, Pennsylvania, unless the parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Scatterbrain Studio will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Nothwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SCATTERBRAIN STUDIO WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Scatterbrain Studio agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
18.1.
Agreement Revisions. This Agreement may only be revised in writing by Scatterbrain Studio, or by Scatterbrain Studio’s publication of a new version of this Agreement on the Service.
18.2.
Force Majeure. Scatterbrain Studio is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Scatterbrain Studio, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Scatterbrain Studio’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemic, or shortages of transportation facilities, fuel, energy, labor, or materials.
18.3.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Scatterbrain Studio as a result of this Agreement or your use of the Service.
18.4.
Assignment. Scatterbrain Studio may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Scatterbrain Studio’s prior written consent, and any unauthorized assignment by you will be null and void.
18.5.
Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
18.6.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
18.7.
No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
18.8.
Equitable Remedies. You hereby agree that Scatterbrain Studio would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
18.9.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Scatterbrain Studio with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Scatterbrain Studio with respect to the Service.