Game Scootch (Terms Of Use)

TERMS AND CONDITIONS OF USE OF THIS SITE

This website, www.gamescootch.com (the “Site”), is provided by Dahlfire LLC.

Dahlfire LLC is sometimes referred to herein as "Dahlfire," "we," "us," or "our.” The term “you,” “your” or “yourself” shall refer to the user who is browsing this Site.

PLEASE READ THESE TERMS AND CONDITIONS (THE "TERMS") CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR ACCESS AND USE OF THIS SITE. BY ACCESSING, USING OR DOWNLOADING ANY MATERIALS FROM THIS SITE, YOU AGREE TO ABIDE BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THISE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY AND REFRAIN FROM USING THE SITE AND ANY SITE CONTENT.

Changes, Termination

Dahlfire reserves the right, at its sole discretion and without advance notice, to change, modify, add or remove all or any portion of this Site or the Terms set forth herein and all policies and guidelines incorporated herein by reference, at any time. Changes to the Terms shall be immediately effective when posted to this Site. YOUR ACCESS TO AND CONTINUED USE OF THIS SITE AFTER ANY CHANGES ARE POSTED SHALL CONSTITUTE ACCEPTANCE OF THOSE CHANGES.

You agree that Dahlfire may, at any time, terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of this Site or the Site Content (defined herein). Dahlfire may also impose limits on certain features and services or restrict your access to parts or all of this Site or the Site Content without notice to you or liability on the part of Dahlfire. You agree that Dahlfire may at any time, terminate the authorization, rights and license granted herein, including your right to access this Site and the Site Content and, upon such termination, you shall immediately destroy all materials and information gained from your access to this Site.

The provisions in the Terms regarding ownership of the Site Content and Site Code (defined herein), confidentiality, the disclaimer of warranty, limitation of liability and indemnification shall survive such termination.

Please visit our Privacy Policy, to understand the information gathering, use and privacy practices associated with this Site.

Ownership; Copyright and Trademark Information

This Site and all Site Content and Site Code is the exclusive property of Dahlfire. The names “Dahlfire” and “Game Scootch” and all other trademarks, service marks, trade names, trade dress, logos, copyrights, patent rights and other intellectual property and proprietary rights in, associated with or utilized on the Site, the Site Content or Site Code are the properties of Dahlfire or its licensors. The names of other companies or products or services mentioned herein may be the trademarks of their respective owners. Nothing in these Terms or any Site Content shall convey to you an ownership interest in any trademarks, service marks, trade names, trade dress, logos, copyrights, patent rights and other intellectual or proprietary rights in the Site or any Site Content or Site Code. You may not use the trademarks, service marks, trade names, trade dress, copyrights, logos, patent rights and other intellectual property or proprietary rights in the Site or any Site Content or Site Code except as expressly permitted by these Terms. All other use requires the prior written consent of Dahlfire.

“Site Content” means any data, software, text, information, material, statements and images, as well as graphics, interactive features, video and audio, if any, displayed and/or used on this Site. “Site Code” refers to any and all underlying elements of the Site, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of the Site.

Limited License; Restrictions on Use

Subject to the terms and conditions set forth herein and subject to your compliance with the Terms, Dahlfire hereby grants you a non-exclusive, non-transferable, terminable, limited right and license to access and use this Site and the Site Content for informational purposes only. Dahlfire authorizes you to view and download Site Content only for your personal, non-commercial use, provided you keep intact all copyright, trademark, service mark and other proprietary notices contained therein.

You agree (a) that except as expressly authorized by these Terms, you will not copy, reproduce, republish, upload, create derivative works or post, transmit or distribute to anyone for any purpose (or facilitate or assist someone else in the foregoing) any Site Content or Site Code without Dahlfire’s prior written consent; (b) not to modify or alter Site Content or Site Code in any manner, or use such Site Content or Site Code in a manner not expressly authorized by these Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; (d) not to place any Site Content or Site Code on a network; and (e) except as otherwise expressly provided in “External Links to this Site” herein, not to frame, link, associate with advertisements or commercially exploit this Site, the Site Content or Site Code.

Information/Submissions By You

Dahlfire is pleased to hear from users of this Site. We welcome your feedback. However, you agree that any information, materials, ideas, forms, suggestions, concepts and/or know-how that you or individuals acting on your behalf provide to Dahlfire via this Site (collectively “Submissions”) will not be considered confidential or proprietary. By submitting any such Submissions to Dahlfire, you grant to Dahlfire an unrestricted, irrevocable, worldwide, royalty-free right and license (with right to sublicense others) to use, reproduce, display, publicly perform, create derivative works, transmit and distribute such Submissions in connection with (a) this Site and Dahlfire’s (and its successors’ and assigns’) business, and (b) to design, develop, market, manufacture, distribute and sell products or services based upon such Submissions. If you do not want a Submission to become licensed automatically in accordance with these Terms, please make no Submissions to Dahlfire via this Site or otherwise.You warrant that you will not provide any Submissions to Dahlfire which (i) are defamatory, harassing, threatening, invades privacy, or obscene or pornographic; (ii) infringes the intellectual property or proprietary rights, including without limitation copyrights, of any third party; (iii) violates any law or regulation; (iv) advocates illegal activity; (v) advertises or otherwise solicits funds or are a solicitation for goods or services; (vi) transmits “spam,” “chain letters,” “junk mail,” or “pyramid schemes;” (vii) violates a contract or a confidential relationship or relationship to which you owe a duty of loyalty; or (viii) contains software viruses or any other computer code, file or program that functions to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Disclaimer

Your use of this Site, Site Content and Site Code is entirely at your own risk. The information posted to this Site and the Site Content may contain inaccuracies and typographical errors.

THIS SITE, THE SITE CONTENT AND SITE CODE ARE PROVIDED "AS IS" AND “AS AVAILABLE.” DAHLFIRE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO YOUR ACCESS AND/OR USE OF THIS SITE, THE SITE CONTENT AND THE SITE CODE, OR YOUR RELIANCE ON ANY SITE CONTENT, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (A) SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (B) MERCHANTABILITY, (C) ACCURACY, USEFULNESS, ADEQUACY AND COMPLETENESS OF THE SITE CONTENT, (D) TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND (E) FREEDOM FROM INTERRUPTION, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.

Although Dahlfire has attempted to provide information that is as current as possible, we do not warrant that the Site Content is or will be current.

Limitation of Damages

IN NO EVENT SHALL DAHLFIRE AND ITS MEMBERS, OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (A) YOUR OR ANY PARTY'S ACCESS OR USE OF OR RELIANCE ON THIS SITE, SITE CONTENT AND/OR SITE CODE, (B) YOUR INABILITY TO ACCESS OR USE THIS SITE, OR (C) ANY ERROR, MISTAKES OR INACCURACIES OF THE SITE CONTENT; (D) ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, TRANSMISSION OF ANY COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE, OR ANY WEBSITE OPERATED BY ANY THIRD PARTY, OR ANY SITE CONTENT, EVEN IF DAHLFIRE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF DAHLFIRE TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING HEREFROM SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR US$50, WHICH EVER IS LESS.

Indemnification

You agree to indemnify, defend and hold harmless Dahlfire, its member, officers, employees, agents, successors and assigns from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your use of and access to this Site and/or Site Content, and/or (b) breach by you of the Terms.

Third-Party Websites

For your convenience, Dahlfire may provide links to websites operated by third parties, including access to content, products and/or services that are not developed, maintained or controlled by Dahlfire. If you use these other websites, you will leave this Site. Dahlfire has no control over any such third party websites, the contents therein or the products/services offered by such third parties. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Dahlfire is not responsible for the accuracy or completeness of the content of such sites, the opinions expressed in those sites, or for any loss or damage of any sort you may incur from dealing with any third party. Links to and from this site do not constitute or imply that Dahlfire guarantees, sponsors, endorses, is affiliated or associated with the website or the owner(s) of such site. Dahlfire makes no warranty or representation regarding and is not responsible for any linked websites or the content appearing thereon or any of the products or services described thereon.

You are solely responsible for complying with the terms of use of any such third-party website and you shall bear all risks associated with the use of such websites. Dahlfire recommends that you read the policies and terms of use posted on other websites regarding privacy and other topics before using those sites.

External Links to this Site

Dahlfire welcomes links to this Site, provided they meet all of the following conditions: (i) the link is a text-only link containing only the name "Game Scootch"; (ii) the link "points" only to http://www.gamescootch.com and not to deeper pages; and (iii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities, products or services are associated with or sponsored by Dahlfire or this Site nor be such as to damage or dilute the reputation or goodwill associated with our company, the Site or our intellectual property.

All other links to this Site must be pre-approved in writing by Dahlfire. Please contact Dahlfire (see “How to Contact Us”) and your request will be given due consideration.

Dahlfire reserves the right to withhold consent or revoke consent to link to this Site at any time in its sole discretion.

Ability to Accept Terms

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

Choice of Law, Notice Regarding State Laws, Jurisdiction, Entire Agreement

This Site is controlled, operated and administered by Dahlfire from its offices in the United States of America. By providing personal information to this Site, all users, fully understand and consent to the collection and processing of such information in the United States of America. Those who choose to access this Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent such local laws are applicable. You may not use this Site or export Site Content in violation of U.S. export laws and regulations.

Any claims or disputes arising from or related to the Site (including, without limitation, the Terms, the Site Content and the Site Code) shall be brought and governed by the laws of the State of New York, without regard to its conflicts of law rules. You expressly and irrevocably consent to the sole and exclusive jurisdiction and venue of the state and federal courts of the State of New York, Monroe County, to resolve any dispute between you and Dahlfire related hereto.

You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter, but shall be fairly read so as not to prejudice the rights of Dahlfire.

The Terms constitute the entire agreement between Dahlfire and you with respect to the matters contained herein. Any cause of action you may have with respect to the matters contained herein or your use of and access to this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a body with proper jurisdiction finds any provision(s) of the Terms or a portion thereof, to be unenforceable, you and Dahlfire agree (without waiving rights of appeal) that unenforceable provision(s) shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

Transfer of Rights by Dahlfire

You agree that these Terms and Dahlfire’s interests, rights, and obligations hereunder can be transferred or assigned by Dahlfire to a subsequent owner of an interest in this Site or any of the Site Contents or Site Code.

How to Contact Us

If you have any questions, comments, or concerns about these Terms or the Site or Site Content, please contact us via email at contact@gamescootch.com.