Schell Games' Terms of Use

Last Revised: July 272018

Accep­tance of the Terms of Use

These terms of use are entered into by (and between) You and Schell Games (Company”, we”, or us”). The following terms and condi­tions (the Terms of Use” or the Terms”) govern your access to and use of schellgames.com (the Website”) and all related websites, including without limi­ta­tion jesseschell.com, ieytd.com, hololabchampions.com, enemymindgame.com, gumtrix.com, happyatoms.com, and waterbearsgame.com (collec­tively, the Websites”).

Please read these Terms of Use carefully before you start using the Websites. By using the Websites, you accept and agree to abide (and be bound) by these Terms of Use and our Privacy Policy. If you do not agree with these Terms of Use or our Privacy Policy, please do not access or use the Websites.

Changes to the Terms of Use

From time to time, we may revise and update these Terms of Use to reflect changes in the law, our practices, or features of our products. The most current version of these Terms will be posted on the top of this page, as the Last Revised” date.

All changes to these Terms of Use are effective imme­di­ately when we post them and apply to all use of (and access to) the Websites there­after. Your continued use of our Websites after we post revised Terms is deemed to be accep­tance of those changes, so please check this page peri­od­i­cally for updates. If you do not agree to the new Terms, you must stop accessing or using the Websites.

Accessing the Websites

We reserve the right to withdraw or amend the Websites, and any service or material we provide on them, in our sole discre­tion and without notice. We will not be liable if all (or any part) of the Websites are unavail­able at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or entire Websites.

You are responsible for:

  • Making all arrange­ments necessary for you to have access to the Websites.
  • Ensuring that all persons who access the Websites through your internet connec­tion are aware of these Terms of Use and comply with them.

To access some of the resources the Websites offer, you may be asked to provide certain infor­ma­tion. As a condition of your use of the Websites, you certify that all the infor­ma­tion you provide is correct, current, and complete. You also agree that all infor­ma­tion you provide to the Websites or otherwise, including through the use of any inter­ac­tive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your infor­ma­tion consis­tent with our Privacy Policy.

Prohib­ited Uses

You may only use the Websites for lawful purposes and in accor­dance with these Terms of Use.

You agree not to use the Websites:

  • In any way that violates any applic­able federal, state, local, or inter­na­tional law or regu­la­tion (including, without limi­ta­tion, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inap­pro­priate content, asking for person­ally iden­ti­fi­able infor­ma­tion, or otherwise.
  • To transmit, or procure the sending of, any adver­tising or promo­tional material, including any junk mail”, chain letter”, spam”, or any other similar solicitation.
  • To imper­sonate or attempt to imper­sonate the Company, a Company employee, another user, or any other person or entity (including, without limi­ta­tion, by using email addresses asso­ci­ated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as deter­mined by us, may harm the Company or users of the Websites or expose them to liability.

Addi­tion­ally, you agree not to:

  • Use the Websites in any manner that could disable, over­burden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activ­i­ties through the Websites.
  • Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including moni­toring or copying any of the material on the Websites.
  • Use any manual process to monitor or copy any of the material on the Websites or for any other unau­tho­rized purpose without our prior written consent.
  • Use any device, software, or routine that inter­feres with the proper working of the Websites.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unau­tho­rized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites.
  • Attack the Websites via a denial-of-service attack or a distrib­uted denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Websites.

Privacy Policy

To demon­strate our commit­ment to your privacy, we have developed a Privacy Policy, which outlines our practices with respect to the collec­tion, use and disclo­sure of infor­ma­tion relating to your activ­i­ties on our Websites and adver­tise­ments. All infor­ma­tion we collect on our Websites is subject to our Privacy Policy. By using our Websites, you consent to all actions taken by us with respect to your infor­ma­tion in compli­ance with the Privacy Policy.

Intel­lec­tual Property Rights

The Websites and their entire contents, features, and func­tion­ality (including but not limited to all infor­ma­tion, software, text, displays, images, video, and audio, and the design, selection, and arrange­ment thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States (“US”) and inter­na­tional copyright, trademark, patent, trade secret, and other intel­lec­tual property or propri­etary rights laws.

These Terms of Use permit you to use the Websites for your personal, non-commer­cial use only. You must not reproduce, distribute, modify, create deriv­a­tive works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:

  • Your computer may temporarily store copies of such materials in RAM inci­dental to your accessing and viewing those materials.
  • You may store files that are auto­mat­i­cally cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reason­able number of pages of the Website for your own personal, non-commer­cial use and not for further repro­duc­tion, publi­ca­tion, or distribution.
  • If we provide desktop, mobile, or other appli­ca­tions for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commer­cial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from these sites.
  • Use any illus­tra­tions, photographs, video or audio sequences, or any graphics sepa­rately from the accompanying text.
  • Delete or alter any copyright, trademark, or other propri­etary rights notices from copies of materials from these sites.
  • You must not access or use for any commer­cial purposes any part of the Websites or any services or materials available through the Websites.

If you wish to make any use of material on the Websites other than that set out in this section, please address your request to: legal@schellgames.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will stop imme­di­ately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is trans­ferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trade­marks

The Company name, the terms Schell Games”, the Schell Games’ logo, and all related names, logos, product and service names, designs, and slogans are trade­marks of the Company or its affil­i­ates or licensors. You must not use such marks without the prior written permis­sion of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trade­marks of their respective owners.

Reliance on Information Posted

The infor­ma­tion presented on or through the Websites is made available solely for general infor­ma­tion purposes. We do not warrant the accuracy, complete­ness, or useful­ness of this infor­ma­tion. Any reliance you place on such infor­ma­tion is strictly at your own risk. We disclaim all liability and respon­si­bility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

These Websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndi­ca­tors, aggre­ga­tors, and/​or reporting services. All state­ments and/​or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the respon­si­bility of the person or entity providing those materials. These materials do not neces­sarily reflect the opinion of the Company. We are not respon­sible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Websites

We may update the content on the Websites from time to time, but its content is not neces­sarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no oblig­a­tion to update such material.

Linking to the Websites and Social Media Features

You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our repu­ta­tion or take advantage of it, but you must not establish a link in such a way as to suggest any form of asso­ci­a­tion, approval, or endorse­ment on our part without our express consent.

The Websites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Websites.
  • Send emails or other commu­ni­ca­tions with certain content, or links to certain content, on the Websites.
  • Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.
  • You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accor­dance with any addi­tional terms and condi­tions we provide with respect to such features.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Websites (or portions of them) to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Websites other than the homepage.
  • Otherwise take any action with respect to the materials on the Websites that is incon­sis­tent with any other provision of these Terms of Use.

The websites from which you are linking, or on which you make certain content acces­sible, must comply in all respects with these Terms of Use. You agree to cooperate with us in causing any unau­tho­rized framing or linking imme­di­ately to stop. We reserve the right to withdraw linking permis­sion without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Websites

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your conve­nience only. This includes links contained in adver­tise­ments, including banner adver­tise­ments and sponsored links. We have no control over the contents of those sites or resources, and accept no respon­si­bility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and condi­tions of use for such websites.

Disclaimer of Warranties

You under­stand that we cannot and do not guarantee or warrant that files available for down­loading from the internet or the Websites will be free of viruses or other destruc­tive code. You are respon­sible for imple­menting suffi­cient proce­dures and check­points to satisfy your partic­ular require­ments for anti-virus protec­tion and accuracy of data input and output, and for main­taining a means external to our site for any recon­struc­tion of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BYDISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN AS ISAND AS AVAILABLEBASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limi­ta­tion on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indem­ni­fi­ca­tion

You agree to defend, indemnify, and hold harmless the Company, its affil­i­ates, licensors, and service providers, and its and their respec­tive officers, directors, employees, contrac­tors, agents, licensors, suppliers, succes­sors, and assigns from and against any claims, liabil­i­ties, damages, judgments, awards, losses, costs, expenses, or fees (including reason­able attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to any use of the Websites’ content, services, and products other than as expressly autho­rized in these Terms of Use or your use of any infor­ma­tion obtained from the Websites.

Governing Law and Jurisdiction

All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contrac­tual disputes or claims), shall be governed by and construed in accor­dance with the internal laws of the Common­wealth of Penn­syl­vania without giving effect to any choice or conflict of law provision or rule (whether of the Common­wealth of Penn­syl­vania or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Websites shall be insti­tuted exclu­sively in the federal courts of the US or the courts of the Common­wealth of Penn­syl­vania in each case located in the City of Pitts­burgh, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objec­tions to the exercise of juris­dic­tion over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or contin­uing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not consti­tute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent juris­dic­tion to be invalid, illegal, or unen­force­able for any reason, such provision shall be elim­i­nated or limited to the minimum extent such that the remaining provi­sions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy consti­tute the sole and entire agreement between you and Schell Games regarding the Websites and supersede all prior and contem­po­ra­neous under­stand­ings, agree­ments, repre­sen­ta­tions, and warranties, both written and oral, regarding the Websites.

Contact Us

This website is operated by Schell Games LLC. If you have any questions, concerns or feedback regarding these Terms of Use, please contact us at:

Schell Games
220 W. Station Square Drive
Pitts­burgh, PA 15219
legal@schellgames.com