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legal

We hate to do this, because we want to share the love, but there are hooligans everywhere (not you, of course) that like to take what isn't theirs... But more importantly, we want you, dear reader, to know exactly what can be done with the things we create, so you can live happily with the explicit knowledge of where the line has been drawn in the sand.

In short: All of our work is indeed copyrighted, and we reserve all commercial rights to our works (artwork, games, the things we write, and all other copyrightable things). However, we want you to have fun with our stuff, to be able to post screenshots and mix-and-match your own creations, so what follows lays out  how we're managing our intellectual property (in plain (though perhaps poor) English).

Note that we have BscotchID-specific Terms up elsewhere.

Trademarks

Some of our things may be trademarked. Unfortunately, if you infringe our Trademarks we have to send Lawyer Goons after you, otherwise the gov'ment will decide that we don't actually want that Trademark. So don't make us do that - we love you and it would make us sad :(.

This doesn't mean that you can't use our trademarked words, phrases, logos, and so on -- on the contrary! You can throw them around almost as much as you like. You just can't use our trademarks to trick people into thinking that we endorse a product or some commercial venture of yours. When in doubt, just ask us!

Copyright

As mentioned above, Butterscotch Shenanigans does retain all rights granted by U.S. copyright law to all copyrightable things we create. In particular, we are retaining all commercial rights to our work (with exception to Let's Players explained below). This means you cannot use our work (images, games, articles, music) in any way that makes you money unless we give you permission. You can always contact us to inquire about licensing our images/content for your own commercial purposes (and depending on what you're doing, that license agreement might not cost you a thing!). Anyway, copyright law is confusing and kind of a mess, so let's break it down further.

Distribution

We reserve all rights for the distribution of our games, software, and all associated files. We grant various vendors (Google Play, Apple Store, Steam, the Humble Store) non-exclusive rights to do so on our behalf, and otherwise distribute through our website. But unless you have it in writing from us, you cannot for example also host a download from your own websites. This is even true for payment-free versions of our games. Freedom to play does not mean freedom to distribute!

In general, anything created by us you may not redistribute, with the exception of things like screenshots and and gameplay video. You may redistribute promotional artwork for our games, so long as it is in the context of reviews and similar works, and so long as you do not imply that the works are yours.

If you have questions about all this, need to request permission for something, or want to negotiate some kind of licensing arrangement outside the explicit terms of this document, just send us a message!

Derivative works

Derivative works are things where you take a work of ours (say, a picture of Flux or JuiceBox) and change it or work it into a new creative work. In addition, derivative works include things you make that are totally new but are heavily based on something of ours (say, an original webcomic featuring your own version of Hardik, or alternative stories that take place in the universe we've created). We totally encourage you to do this, and to distribute your creations as you please, with the conditions below (of course - getting tired of this?). Any conditions can be waived in specific circumstances with explicit, written consent by Butterscotch Shenanigans.

For anything you create and distribute that we could reasonably expect to compete with our commercial products (or 3rd party commercial products that have an exclusive license from us), you must work with us to arrange for an explicit license. We have no desire to saddle you with horrible licensing terms; so don't be afraid. If the thing you want to make falls into this category, contact us and we'll try to work out a fair deal.

For non-commercial derivative works that are unlikely to compete with our own commercial products, you are welcome to do as you please, with the following restrictions on your derivative works:
  • You must not claim or imply that the works are endorsed or owned by us.
  • You must not use the works to imply that we own or endorse some other product or commercial venture.
  • You must not use any of our intellectual property for promotion. For example, you may not use our wallpapers, icons, characters, or written text in the store page for an app that you make.
  • Any derivative work you create must abide by the content of this legal page. The licensing for your work must include this document, and any additional restrictions you include cannot take precedence over this document.
  • If, at any time and at our discretion, we come to believe that your work violates this document, you must accept our request to change the offending attribute or stop distribution of the work.
If you are unsure about something, send us a note! We don't bite. If you want an exception or an official licensing agreement just ask and we'll come to fair terms.

Let's Play

A general exception to the no-derivative-works-for-profit thing is for Let's Players (LPers). We define an LPer as someone who takes audio and/or video recording of themselves and our games during active gameplay, with LPer-added audio-visual effects and distortion, where the game is the focal topic of the video. LPers should feel free to monetize their gameplay videos of our games, so long as those games have been published through official channels (currently iTunes, Google Play, Steam, or the Humble Store) or the LPer has received written consent from us. LPers may not in any way imply that their videos are products of, or officially endorsed by, Butterscotch Shenanigans.

Purchases of our works

Our company creates many kinds of creative works and sells access to them under many licensing and financial models. In almost all cases what we are selling is the as-is, non-exclusive, and temporary right to access one or more of our works.

By "as-is" we mean that you are not purchasing access to prior or future versions of the work, and that "what you see is what you get." We cannot guarantee that our digital works will be accessible on any particular device or software "platform". This means that if you purchase one of our works on a platform on which that game functions, but then attempt to migrate to a new platform on which that game does not function (e.g. by updating your firmware, operating system, or any other software, or by changing hardware components), this does not void the initial sale.

By non-exclusive, we mean that sale to one person does not necessarily prevent the same sale to another person (in other words, more than one person can buy access to each of our games).

By temporary, we mean that sale does not grant access for all of time. We will make a reasonable effort to maintain our digital works so that they are available to individuals who have purchased access, but we will expire support for works between 6 months and 1 year after they are first made available for purchase. We do not guarantee that updated versions of works will be functional on the same platforms as the purchased versions of the works.

Finally, any efforts by a user to defraud Butterscotch Shenanigans will result in revocation of access to any and all of its works. This means that fraudulent purchases in one game (e.g. Quadropus Rampage) will cause lost access to all other games whether access to those other games had been fraudulent or not. Refunds will never be provided in such cases.

Free works

Some of our creative works will be provided completely for free or with a free version. Such works include those that are supported by 3rd party advertisers. We absolutely do not guarantee anything about such free access. Users of free works will not be provided support from Butterscotch Shenanigans. Attempts to use non-free works or parts of our works without paying are considered to be fraud and will result in the consequences described above.

Dynamic content

Dynamic works such as video games can create their own content as a consequence of interactions with the user, which includes the files that save player progress. We do not guarantee permanent access to nor usability of such content.

Piracy and hacking

We have a zero-tolerance position on piracy (the fraudulent distribution of our content or the use of paid content without actually paying) and hacking (modifying or accessing content in ways outside of the intention by the authors of that content). For instances of our works (e.g. an installation of a particular game on a particular user's device) that we reasonably believe to have shown piracy- or hacking-related behavior, we may respond by any means available to us. These include but are not limited to blocking access to the work (and all other works provided to that same user) either temporarily or permanently, the erasure of all data recorded on that user's behalf (e.g. save files and data stored on our servers), and changes to the behavior of the work (e.g. changes to game difficulty or content).

Additionally, if users who engage in piracy or hacking have also registered for a BscotchID, we will revoke all BscotchID privileges, delete all stored data, and block the user's email address and BscotchID from future use..

Any such actions described above in response to a reasonable belief that a user has pirated or hacked works by Butterscotch Shenanigans may be performed without any warning or the allowance of a second chance to that user.

In Conclusion

Privacy, Terms of Use, and Legal stuff is always confusing and boring. If you're confused about something, contact us and we'll try to help you out. If you have discovered a violation of any of these terms, please let us know!

And hey, we all make mistakes. If you have done something wrong and want to rectify the situation we'll give you a fair hearing.