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End-User License Agreement (EULA)
1. LICENSE
This End-User License Agreement (“Agreement”) is between you and Scattergood Studios Ltd. (“Scattergood Studios”), and governs your use of, including any updates to, this application (“Application”). By using the Application, you fully agree to the Agreement.
This agreement and terms, as updated from time to time in accordance with this EULA, apply to any full version, demo/trial version, updates, DLC, enhancements, support and internet-based services associated with the Application.
By using, installing, downloading or making any copy of the Application, you accept these terms. You also consent to provide us with certain information as set out in these terms. If you do not accept these terms, you must not use the Application and must remove and delete or destroy any copy of the Application in your possession.
2. OWNERSHIP
Scattergood Studios reserves all rights in the Application including, but not limited to, titles, designs, pictures, storylines, text, images, animations, video, music, and all related copyrights, trademarks, and intellectual property rights. You do not acquire any ownership rights by using the Application, or paying for any content within.
All intellectual property rights, including, copyrights, patent rights, trademarks, designs, know-how, concepts, images, drawings, models, brands, logos, Application, software design, code, algorithms, textures etc. that are provided in the Application or website, whether registered or not, are the property of Scattergood Studios or its licensors.
3. APPLICATION USAGE
This Application may need to connect to application servers in order to play. You are responsible for any costs and fees associated with playing this game, including but not limited to, costs related to device setup, network access, provider plans, and transmission fees. You acknowledge that due to server maintenance and necessary updates, access to the game may become temporarily unavailable. Player data related to this Application is provided as is and there are no guarantees related to its accuracy or restoration in the event of data loss or changes (ex. When you replace an old device with a new device). Player data belonging on one device platform cannot be transferred to another device platform.
Unless otherwise permitted by law or this EULA, you must not:
1. copy, display, seek to disable, distribute, perform, publish, modify, decompile, disassemble, reverse engineer, transfer, create derivative works from, the Application;
2. remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application;
3. libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
4. exploit or use cheats to obtain an advantage that is not intended;
5. conduct real-money trading using any content or part of the Application
6. reset a device and/or the data within to create multiple player accounts;
7. share your account information with any third party;
8. obtain in-game items without paying applicable fees in the Application (Scattergood Studios has the right to collect in-game items which are equivalent amount of unpaid or cancelled applicable fees);
9. act and promote any illegal activity;
10. use the Application using the account information of others;
11. work around any technical limitations in the Application or its security measures;
12. publish the Application for others to copy;
13. use the Application in any illegal or immoral way, or for any such purpose;
14. copy, rent (such as an internet cafe, arcade, or public library), lease or lend the Application;
15. rip, remove or extract assets from the Application.
16. in addition, any act that Scattergood Studios regards as a prohibited act at its own discretion. Scattergood Studios shall, without prior notice, be entitled to restrict or suspend your use of the Application in case that Scattergood Studios finds that you have conducted those prohibited actions and will not be liable for any loss and damages arising from the Application that may be incurred by you.
4. Restrictions on Use
1. Images and Data contained in the Application may not be used to train AI in any way (The term "AI" refers to any type of algorithm or program that can use data such as an image or data to create new iterations of that type of content, either directly or through "AI learning/training" techniques).
2. It is the responsibility of the entity that owns the AI to conform to this rule. If it is found that Application images or data have been used to train an AI, the entity responsible for that AI must remove the training data from its AI data model and pay a yearly licencing fee applied from the date the AI could first be used to create images. The fee will be applied to subsequent years on the date of the first licensing fee until the entity with control of the AI complies with this EULA. The yearly Licencing fee amount will be determined by Scattergood Studios Ltd.
3. Communications. We may utilise communication channels like messaging, bulletin boards, and/or forums which enable you to communicate with other users. You acknowledge that communications made through these channels are public, with the content not controlled or endorsed by Scattergood Studios. Scattergood Studios disclaims any liability with regards to the communication and any actions resulting from you using the communication channels. Scattergood Studios reserves the right to edit and remove communication content at its sole discretion, and may disclose any information found within the communication channels to satisfy any applicable law.
5. COLLECTING INFORMATION
In order to conduct Application development, support and improvements, you acknowledge and agree that Scattergood Studios or partners may collect, store and use information that is not personally identifiable. Such information includes, but is not limited to, your unique device identifier, IP address, device make, device model, operating system, and application usage data. Collected data may also be used by Scattergood Studios when developing new products and services.
6. USER FEEDBACK
Any and all feedback and submissions to Scattergood Studios in connection with the Application will become the exclusive property of Scattergood Studios, and Scattergood Studios may use such property in any manner without compensation to you.
7. CHARGES & BILLING
The Application may include in-game items that can be licensed for use by you through an in-app purchase using “real money.” You agree to pay the applicable fee for any in-app purchases you make. All purchases are final, non-transferable, and sold as-is with no warranties of any kind. You agree that you have no right of ownership to any of the content made available to you, either free or through an in-app purchase, in the Application.
Depending on the payment method selected by the user, purchases may be subject to individual payment method fees and/or exchange rate fluctuations that would result in the user being charged a different amount than displayed. Please direct inquiries regarding any charge fluctuations to the payment method provider, as Scattergood Studios is not liable or responsible for any difference in charges as a result of such fluctuations.
8. APPLICATION UPDATES
The Application will experience maintenance and adjustments to its content. Scattergood Studios reserves the right to make changes to the Application at its sole discretion, including but not limited to, in-game content and player data adjustments (including the reset/balance of player data) without prior notice to users and without liability.
9. APPLICATION UPDATES AND DLC
We may release updates, patches, DLC, or new versions of the Application from time to time. However, Scattergood Studios makes no commitment to update the Application. You have no automatic right to any updates or DLC, but where we choose to provide these to you, they shall be considered part of the Application and shall be governed by the terms of this EULA.
10. TERM & TERMINATION
The term of this Agreement shall commence on the date that you install or use the Application and will remain in effect until you remove the Application from your device and discontinue use, or the termination of this Agreement. Scattergood Studios reserves the right to deny or terminate any user access to the Application without notice in the following cases;
1. you breach or fail to comply with any provisions of this Agreement;
2. you are deemed by Scattergood Studios to be inappropriate and causing trouble to other users.
3. This Licence will terminate automatically on any material breach by you of its terms.
4. On termination, you must cease all use of the Application and delete all copies in your possession.
5. Any provision of this Licence which expressly or by implication is intended to come into or continue in force on or after termination of this Licence shall remain in full force and effect.
6. The User recognizes that in case of termination by Scattergood Studios he/she has no right to any indemnification.
11. DISCLAIMER OF WARRANTY
The Application is provided “as is” without warranty and Scattergood Studios assumes no liability or responsibility for:
1. any errors, faults, or inaccuracies of content;
2. loss or damage of any kind, including personal and/or emotional, as a result of the use of the Application; and
3. any interference, interruption, or cessation to the Application that may hamper your experience.
12. WARRANTIES & LIMITATION OF LIABILITY
Nothing in this Licence shall operate to exclude or limit either party's liability for:
• death or personal injury caused by its negligence; or
• fraud; or
• any other liability which cannot be excluded or limited under applicable law.
All terms of the Licence shall take effect subject to this.
Local laws may apply to protect the rights of individuals who purchase the Application in their individual capacity outside a commercial enterprise, such as consumers. Nothing in this Licence shall operate to exclude or reduce such protection. If you think this may apply to you, please consult a consumer advice organisation.
The Application is supplied to you "as is" and "as available" with any and all faults and defects and without any warranties by Scattergood Studios or its licensors of any kind.
It is your responsibility to ensure the Application performs the purpose for which it is required and will function properly in the environment in which it is to be used. The Application is used at your sole risk and you are responsible for any cost of repair, corrections or servicing. You acknowledge installation of the Application may affect the usability of third-party Application or third-party services.
Without limitation, please note that no representation or warranty is given by Scattergood Studios or its licensors that:
1. the Application will meet your requirements; or
2. any information or data provided with the Application is accurate, error-free or comprehensive; or
3. operation of the Application will be uninterrupted or error-free; or
4. any content available for downloading from us is free from viruses or any other contamination or destructive features; or
5. you will enjoy the use of the Application free from interference; or
6. the Application will continue to be made available or maintained or supported or that any defects will be corrected; or
7. the Application will be compatible with any third-party Application, third-party services, third-party external services;
8. the Application or external services or third-party external services will be available or accessible in any language or from any location or are appropriate for use in any location.
9. To the extent possible under the applicable law, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including any implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
In no event shall Scattergood Studios and their suppliers, directors, officers, agents, contractors, partners, or employees be liable for any personal injury, property damage, loss of data, loss of profits, or any indirect, special, punitive, incidental, or consequential damages arising out of or related to the use of the Application and its Agreement, whether arising under theory of contract, tort (including negligence), contract strict liability or otherwise. Any liability arising from this Application and its Agreement shall not exceed the price you paid for the Application with such limitations being applied by the fullest extent permissible by applicable law.
13. INDEMNIFICATION
You agree to defend, indemnify and hold Scattergood Studios, and each of its suppliers, directors, officers, agents, contractors, partners, and employees and other users of the Application, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses, including but not limited to reasonable attorney’s fees, arising out of or relating to;
1. your use of the Application;
2. any breach by you of any provisions of this Agreement;
3. any unlicensed use of the Application using your user accounts; and
4. your negligent or wilful misconduct.
14. ENTIRE AGREEMENT
This EULA, and those documents expressly incorporated by reference, contain the entire agreement between the parties and supersedes all previous negotiations or agreements relating to your right to use the Application.
15. UPDATES TO THIS EULA
We may update this EULA from time to time by notice on our website https://www.scattergood.io or by including the updated EULA in an Application update. Such variation will be effective upon posting those notifications and changes on our website, or the user installing the Application update, without further notice to you.
16. WAIVER
Any delay or failure to exercise or enforce our rights under this EULA will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
17. LEGAL FEES
In the event that we obtain the legal assistance to enforce this EULA for your apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing this EULA may be recovered from you.
18. DISPUTE RESOLUTION
You agree that in case of a dispute or claim, you will first attempt to informally negotiate a settlement or resolution of the dispute by contacting support@scattergood.io and informing us in a comprehensive way of the grounds of your dispute before resorting to any legal action.
This EULA establishes certain legal rights, but you may have other legal rights under the laws of your state or country. This EULA will only change your rights under the laws of your state or country to the extent permitted by those laws.
19. REPRESENTATIVES, SUCCESSORS AND ASSIGNS
We may assign our rights and obligations under this EULA at any time by notice on our website. Upon such assignment our obligations and benefits under this EULA are binding on and shall benefit our respective representatives, successors and assigns.
20. GENERAL PROVISIONS
Scattergood Studios and you agree that Scattergood Studios, and not the device creator or owner of the app download service that provided this app, is solely responsible for the Application and its related content. You also agree that Scattergood Studios may change any part of the Application or discontinue the Application or part thereof, for any reason and without notice to you and without liability. This includes the right to modify or eliminate the use of in-game items in the Application.
21. SEVERABILITY
If any of these terms are held to be invalid or unenforceable by a court of law, the term(s) will be excluded, and the remaining valid terms will remain in full force. In such an event, the parties involved shall in good faith amend the invalid or unenforceable terms and/or agree on a term(s) in such a way as to reflect in so far as is possible the purpose of the invalid or unenforceable term(s).
This EULA does not affect your rights in relation to any third party from whom you acquired the Application.
22. JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Ireland, without giving effect to the conflict of law principle thereof, and the parties hereby submit to the exclusive jurisdiction of the Irish courts in Dublin, Ireland.
23. CONTACT
Please direct any questions, comments or concerns about this EULA to support@scattergoodstudios.io
Scattergood Studios
www.scattergood.io
End-User License Agreement (EULA)
1. LICENSE
This End-User License Agreement (“Agreement”) is between you and Scattergood Studios Ltd. (“Scattergood Studios”), and governs your use of, including any updates to, this application (“Application”). By using the Application, you fully agree to the Agreement.
This agreement and terms, as updated from time to time in accordance with this EULA, apply to any full version, demo/trial version, updates, DLC, enhancements, support and internet-based services associated with the Application.
By using, installing, downloading or making any copy of the Application, you accept these terms. You also consent to provide us with certain information as set out in these terms. If you do not accept these terms, you must not use the Application and must remove and delete or destroy any copy of the Application in your possession.
2. OWNERSHIP
Scattergood Studios reserves all rights in the Application including, but not limited to, titles, designs, pictures, storylines, text, images, animations, video, music, and all related copyrights, trademarks, and intellectual property rights. You do not acquire any ownership rights by using the Application, or paying for any content within.
All intellectual property rights, including, copyrights, patent rights, trademarks, designs, know-how, concepts, images, drawings, models, brands, logos, Application, software design, code, algorithms, textures etc. that are provided in the Application or website, whether registered or not, are the property of Scattergood Studios or its licensors.
3. APPLICATION USAGE
This Application may need to connect to application servers in order to play. You are responsible for any costs and fees associated with playing this game, including but not limited to, costs related to device setup, network access, provider plans, and transmission fees. You acknowledge that due to server maintenance and necessary updates, access to the game may become temporarily unavailable. Player data related to this Application is provided as is and there are no guarantees related to its accuracy or restoration in the event of data loss or changes (ex. When you replace an old device with a new device). Player data belonging on one device platform cannot be transferred to another device platform.
Unless otherwise permitted by law or this EULA, you must not:
1. copy, display, seek to disable, distribute, perform, publish, modify, decompile, disassemble, reverse engineer, transfer, create derivative works from, the Application;
2. remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application;
3. libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
4. exploit or use cheats to obtain an advantage that is not intended;
5. conduct real-money trading using any content or part of the Application
6. reset a device and/or the data within to create multiple player accounts;
7. share your account information with any third party;
8. obtain in-game items without paying applicable fees in the Application (Scattergood Studios has the right to collect in-game items which are equivalent amount of unpaid or cancelled applicable fees);
9. act and promote any illegal activity;
10. use the Application using the account information of others;
11. work around any technical limitations in the Application or its security measures;
12. publish the Application for others to copy;
13. use the Application in any illegal or immoral way, or for any such purpose;
14. copy, rent (such as an internet cafe, arcade, or public library), lease or lend the Application;
15. rip, remove or extract assets from the Application.
16. in addition, any act that Scattergood Studios regards as a prohibited act at its own discretion. Scattergood Studios shall, without prior notice, be entitled to restrict or suspend your use of the Application in case that Scattergood Studios finds that you have conducted those prohibited actions and will not be liable for any loss and damages arising from the Application that may be incurred by you.
4. Restrictions on Use
1. Images and Data contained in the Application may not be used to train AI in any way (The term "AI" refers to any type of algorithm or program that can use data such as an image or data to create new iterations of that type of content, either directly or through "AI learning/training" techniques).
2. It is the responsibility of the entity that owns the AI to conform to this rule. If it is found that Application images or data have been used to train an AI, the entity responsible for that AI must remove the training data from its AI data model and pay a yearly licencing fee applied from the date the AI could first be used to create images. The fee will be applied to subsequent years on the date of the first licensing fee until the entity with control of the AI complies with this EULA. The yearly Licencing fee amount will be determined by Scattergood Studios Ltd.
3. Communications. We may utilise communication channels like messaging, bulletin boards, and/or forums which enable you to communicate with other users. You acknowledge that communications made through these channels are public, with the content not controlled or endorsed by Scattergood Studios. Scattergood Studios disclaims any liability with regards to the communication and any actions resulting from you using the communication channels. Scattergood Studios reserves the right to edit and remove communication content at its sole discretion, and may disclose any information found within the communication channels to satisfy any applicable law.
5. COLLECTING INFORMATION
In order to conduct Application development, support and improvements, you acknowledge and agree that Scattergood Studios or partners may collect, store and use information that is not personally identifiable. Such information includes, but is not limited to, your unique device identifier, IP address, device make, device model, operating system, and application usage data. Collected data may also be used by Scattergood Studios when developing new products and services.
6. USER FEEDBACK
Any and all feedback and submissions to Scattergood Studios in connection with the Application will become the exclusive property of Scattergood Studios, and Scattergood Studios may use such property in any manner without compensation to you.
7. CHARGES & BILLING
The Application may include in-game items that can be licensed for use by you through an in-app purchase using “real money.” You agree to pay the applicable fee for any in-app purchases you make. All purchases are final, non-transferable, and sold as-is with no warranties of any kind. You agree that you have no right of ownership to any of the content made available to you, either free or through an in-app purchase, in the Application.
Depending on the payment method selected by the user, purchases may be subject to individual payment method fees and/or exchange rate fluctuations that would result in the user being charged a different amount than displayed. Please direct inquiries regarding any charge fluctuations to the payment method provider, as Scattergood Studios is not liable or responsible for any difference in charges as a result of such fluctuations.
8. APPLICATION UPDATES
The Application will experience maintenance and adjustments to its content. Scattergood Studios reserves the right to make changes to the Application at its sole discretion, including but not limited to, in-game content and player data adjustments (including the reset/balance of player data) without prior notice to users and without liability.
9. APPLICATION UPDATES AND DLC
We may release updates, patches, DLC, or new versions of the Application from time to time. However, Scattergood Studios makes no commitment to update the Application. You have no automatic right to any updates or DLC, but where we choose to provide these to you, they shall be considered part of the Application and shall be governed by the terms of this EULA.
10. TERM & TERMINATION
The term of this Agreement shall commence on the date that you install or use the Application and will remain in effect until you remove the Application from your device and discontinue use, or the termination of this Agreement. Scattergood Studios reserves the right to deny or terminate any user access to the Application without notice in the following cases;
1. you breach or fail to comply with any provisions of this Agreement;
2. you are deemed by Scattergood Studios to be inappropriate and causing trouble to other users.
3. This Licence will terminate automatically on any material breach by you of its terms.
4. On termination, you must cease all use of the Application and delete all copies in your possession.
5. Any provision of this Licence which expressly or by implication is intended to come into or continue in force on or after termination of this Licence shall remain in full force and effect.
6. The User recognizes that in case of termination by Scattergood Studios he/she has no right to any indemnification.
11. DISCLAIMER OF WARRANTY
The Application is provided “as is” without warranty and Scattergood Studios assumes no liability or responsibility for:
1. any errors, faults, or inaccuracies of content;
2. loss or damage of any kind, including personal and/or emotional, as a result of the use of the Application; and
3. any interference, interruption, or cessation to the Application that may hamper your experience.
12. WARRANTIES & LIMITATION OF LIABILITY
Nothing in this Licence shall operate to exclude or limit either party's liability for:
• death or personal injury caused by its negligence; or
• fraud; or
• any other liability which cannot be excluded or limited under applicable law.
All terms of the Licence shall take effect subject to this.
Local laws may apply to protect the rights of individuals who purchase the Application in their individual capacity outside a commercial enterprise, such as consumers. Nothing in this Licence shall operate to exclude or reduce such protection. If you think this may apply to you, please consult a consumer advice organisation.
The Application is supplied to you "as is" and "as available" with any and all faults and defects and without any warranties by Scattergood Studios or its licensors of any kind.
It is your responsibility to ensure the Application performs the purpose for which it is required and will function properly in the environment in which it is to be used. The Application is used at your sole risk and you are responsible for any cost of repair, corrections or servicing. You acknowledge installation of the Application may affect the usability of third-party Application or third-party services.
Without limitation, please note that no representation or warranty is given by Scattergood Studios or its licensors that:
1. the Application will meet your requirements; or
2. any information or data provided with the Application is accurate, error-free or comprehensive; or
3. operation of the Application will be uninterrupted or error-free; or
4. any content available for downloading from us is free from viruses or any other contamination or destructive features; or
5. you will enjoy the use of the Application free from interference; or
6. the Application will continue to be made available or maintained or supported or that any defects will be corrected; or
7. the Application will be compatible with any third-party Application, third-party services, third-party external services;
8. the Application or external services or third-party external services will be available or accessible in any language or from any location or are appropriate for use in any location.
9. To the extent possible under the applicable law, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this Licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including any implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
In no event shall Scattergood Studios and their suppliers, directors, officers, agents, contractors, partners, or employees be liable for any personal injury, property damage, loss of data, loss of profits, or any indirect, special, punitive, incidental, or consequential damages arising out of or related to the use of the Application and its Agreement, whether arising under theory of contract, tort (including negligence), contract strict liability or otherwise. Any liability arising from this Application and its Agreement shall not exceed the price you paid for the Application with such limitations being applied by the fullest extent permissible by applicable law.
13. INDEMNIFICATION
You agree to defend, indemnify and hold Scattergood Studios, and each of its suppliers, directors, officers, agents, contractors, partners, and employees and other users of the Application, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses, including but not limited to reasonable attorney’s fees, arising out of or relating to;
1. your use of the Application;
2. any breach by you of any provisions of this Agreement;
3. any unlicensed use of the Application using your user accounts; and
4. your negligent or wilful misconduct.
14. ENTIRE AGREEMENT
This EULA, and those documents expressly incorporated by reference, contain the entire agreement between the parties and supersedes all previous negotiations or agreements relating to your right to use the Application.
15. UPDATES TO THIS EULA
We may update this EULA from time to time by notice on our website https://www.scattergood.io or by including the updated EULA in an Application update. Such variation will be effective upon posting those notifications and changes on our website, or the user installing the Application update, without further notice to you.
16. WAIVER
Any delay or failure to exercise or enforce our rights under this EULA will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
17. LEGAL FEES
In the event that we obtain the legal assistance to enforce this EULA for your apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing this EULA may be recovered from you.
18. DISPUTE RESOLUTION
You agree that in case of a dispute or claim, you will first attempt to informally negotiate a settlement or resolution of the dispute by contacting support@scattergood.io and informing us in a comprehensive way of the grounds of your dispute before resorting to any legal action.
This EULA establishes certain legal rights, but you may have other legal rights under the laws of your state or country. This EULA will only change your rights under the laws of your state or country to the extent permitted by those laws.
19. REPRESENTATIVES, SUCCESSORS AND ASSIGNS
We may assign our rights and obligations under this EULA at any time by notice on our website. Upon such assignment our obligations and benefits under this EULA are binding on and shall benefit our respective representatives, successors and assigns.
20. GENERAL PROVISIONS
Scattergood Studios and you agree that Scattergood Studios, and not the device creator or owner of the app download service that provided this app, is solely responsible for the Application and its related content. You also agree that Scattergood Studios may change any part of the Application or discontinue the Application or part thereof, for any reason and without notice to you and without liability. This includes the right to modify or eliminate the use of in-game items in the Application.
21. SEVERABILITY
If any of these terms are held to be invalid or unenforceable by a court of law, the term(s) will be excluded, and the remaining valid terms will remain in full force. In such an event, the parties involved shall in good faith amend the invalid or unenforceable terms and/or agree on a term(s) in such a way as to reflect in so far as is possible the purpose of the invalid or unenforceable term(s).
This EULA does not affect your rights in relation to any third party from whom you acquired the Application.
22. JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Ireland, without giving effect to the conflict of law principle thereof, and the parties hereby submit to the exclusive jurisdiction of the Irish courts in Dublin, Ireland.
23. CONTACT
Please direct any questions, comments or concerns about this EULA to support@scattergoodstudios.io
Scattergood Studios
www.scattergood.io