Terms of Service
Hopscotch's products and services are provided by Hopscotch Technologies, Inc. These Terms of Service ("Agreement") are a legal agreement between you (referred to herein as “you” or “your”) and Hopscotch Technologies, Inc. (“Hopscotch”, “we”, “our” or “us”) for access to and use of our website available at gethopscotch.com (the “Website”), our application for mobile devices (the "Application"), our web platforms accessible at hopscotch.fun and hopscotch.lol, and our related software, services, and customer support (collectively, the “Products”). Please read this Agreement carefully, and email us at info@gethopscotch.com if you have any questions. By accessing or using our Products, you agree to be bound by this Agreement and by our Privacy Policy. If any of these terms are unacceptable to you or in the event that any future changes are unacceptable to you, uninstall the Application and do not use the Products. You represent that you have the legal authority to enter into this agreement and be bound by its terms. If you are a parent or guardian, you provide your consent to your child's use of the Products and you agree to be bound by this agreement in respect of their use of the Products.
1. Using Hopscotch
You may use our Products only if you can form a binding contract with Hopscotch, and only in compliance with this Agreement and all applicable laws. Some of our Products may be software that is downloaded to your tablet, or other device. You agree that we may automatically upgrade those Products, and this Agreement will apply to such upgrades. Subject to this Agreement and our other policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
1a. Community Behavior/Guidelines
Hopscotch is a community that encourages you to be creative and to comfortably explore your imagination. While we are supporters of free speech, content that might make other users feel threatened or uncomfortable is not allowed. You may not use Hopscotch in any way that:
1. Threatens, bullies, or intimidates any other person (regardless of whether or not they are a user);
2. Promotes discrimination, hatred, or violence against any individual or group;
3. Contains foul language or sexually explicit materials;
4. Contains graphically violent material, including but not limited to violence directed at humans, including yourself;
5. Exposes any personally identifying information, contact information, or passwords—neither your own nor someone else’s;
6. Asks any other user for personally identifying information, contact information, or passwords;
7. Slanders, defames, libels, or invades the privacy, publicity, or other property rights of any other person.
8. Provides instructions on how to commit illegal activities or obtain illegal products;
9. Impersonates or pretends to be another user in any way; or
10. Interferes with other users’ ability to use the service, through excessive posting of the same project (spamming), intentionally crashes the app, or otherwise disabling service.
1b. Inter-User communication
Though strictly social interaction is not the intent or purpose of Hopscotch, users may occasionally communicate with other users. Hopscotch may, but is not obligated to, monitor any communication between users. You assume the risk of such communications and Hopscotch has no liability related to communication between users.
1c. Assumed Risk
You may be exposed to User Content which you deem inappropriate. Hopscotch will not be responsible for any damages that may incur as a result of the submission or use of any User Content. You browse and submit User Content at your own risk. You understand and agree that the Services and Content are provided to you on an “as is” basis. Hopscotch makes no warranty and disclaims all responsibility and liability for the completeness accuracy, availability, timeliness, security, or reliability of Services and Content.
1d. Content Attribution
The Hopscotch Community is a creative commons. You are free to share other Users’ content on Hopscotch and elsewhere. You are free to adapt, remix, transform, and build upon User Content in the Application. By sharing or adapting Content, you agree to give appropriate credit to the original creator(s) and indicate if changes were made. By posting your Content to the Community, you join this community and consent to others sharing, remixing, and adapting your original Content. If you do not want to license your content under these terms, then do not share your content on Hopscotch.
2. Your Content
2a. User Content
Hopscotch allows users to create and share materials in the form of projects. Projects and anything else users create, share, or otherwise make available with our Products is hereafter referred to as "User Content." If you do not want others to view your User Content, do not share it.
How Hopscotch and other users can use your content
You grant Hopscotch and its users a non-exclusive, perpetual, royalty-free, transferable, sub licensable, worldwide license to use, store, display, reproduce, remix, modify, create derivative works from, and distribute your User Content on Hopscotch solely for the purposes of operating, developing, providing, and using Hopscotch Products.
Nothing in this Agreement shall restrict other legal rights Hopscotch may have to User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates this Agreement or any other policy.
Hopscotch may use images and material of user content as a part of the company’s marketing and promotional campaigns without notifying you. These campaigns include, but are not limited to, social media, web and print publishing, and fundraising.
How long we keep your content
Following termination of your use of Hopscotch or if you remove any User Content from Hopscotch, we may retain your projects indefinitely and other User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Hopscotch and its users may retain and continue to use, store, display, reproduce, remix, modify, create derivative works from, and distribute any of your User Content that other users have stored or shared through Hopscotch.
Inappropriate Content
User content on Hopscotch is monitored for inappropriate material. Hopscotch makes its best effort in this regard but cannot guaranty that 100% of content can be monitored. Please alert Hopscotch immediately at help@gethopscotch.com if you encounter inappropriate content in our Services. For more, see “Assumed Risk” and “Enforcement of Guidelines”.
Views and Opinions
User Content is accessed as-is. Hopscotch does not endorse the views or opinions expressed in User Content. All User Content is the sole opinion of the original author.
2b. Copyright Policy and Digital Millennium Copyright Act ("DCMA")
You will refrain from posting any information or items to the Sites which are copied, in whole or in part, from third party sources (or that is subject to any third-party rights), unless any holder of such rights has given express authorization for distribution on the Sites or Services. For further clarification, please see the U.S. Law on Copyrights, or see the web sites of the U.S. Copyright Office or U.S. Trademark Office. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Hopscotch infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
It is Hopscotch’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millenium Copyright Act. If you are a copyright holder and believe that content on Hopscotch violates your rights, you may send a DMCA notification to privacy@gethopscotch.com or via mail to:
Rodrigo Tello, C/O Hopscotch, 135 Plymouth St, Unit 209, Brooklyn, NY, USA 11201.
In your notice, please include:
1. Physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
2. Identification of the copyrighted work or works claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
4. Information reasonably sufficient to permit Hopscotch to contact the complaining party (e.g., the address, telephone number, or email address);
5. A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and
6. A statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Hopscotch will promptly assess notices received and take appropriate action under the Digital Millennium Copyright Act. In the event that the notice complies with the DCMA, Hopscotch will expeditiously remove and disable access to materials in violation. Repeat infringers of third-party copyrights are subject to termination by Hopscotch. Hopscotch’s DMCA Agent should be contacted only for the purposes set forth in this Section 2.b (Copyright Policy). ALL OTHER INQUIRIES DIRECTED TO HOPSCOTCH’S DMCA AGENT WILL NOT BE ANSWERED.
We ask potential petitioners to remember that content on Hopscotch is created by children in an educational environment.
If you are a Hopscotch user and believe that your content was taken down inappropriately and was not a copyright violation, please send a notification to privacy@gethopscotch.com.
Please include:
1. Your Hopscotch username and email address;
2. A screenshot of or link to content you believe was taken down in error; and
3. A brief statement of why you believe there was no copyright violation (e.g., the content was not copyrighted, you had permission to use the content, or your use of the content was a "fair use").
2c. Your feedback
We love to hear from users and are always interested in hearing about ways in which we can improve Hopscotch. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Hopscotch does not waive any rights to use similar or related feedback previously known to Hopscotch, developed by its employees, or obtained from sources other than you.
3. Enforcement of Guidelines & Termination of Accounts
Hopscotch reserves the right at all times (but will not have an obligation) to remove any User Content and to suspend or terminate your account for violation of this Agreement or Community Guidelines. It is Hopscotch’s sole discretion to determine what constitutes a violation of this Agreement or Community guidelines.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Hopscotch, its users and the public.
If you would like to have content removed or your account suspended or terminated, please email help@gethopscotch.com. If you believe your account has been suspended or content removed unfairly, please email help@gethopscotch.com with your username and a brief statement of why you believe there was no violation of this Agreement.
4. Security
We care about the security of our users. While we work to protect the security of your content and information, Hopscotch cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Hopscotch has staff who is responsible for the review and investigation of any data breach at Hopscotch involving personal information, regardless of the severity, impact or containment. All data breaches at Hopscotch are reported to our staff with immediate effect. All data breaches at Hopscotch will be investigated, and our staff is trained to handle situations to fix any security concerns in our app. To report, or follow up on any of our data breach response plans, please contact us at help@gethopscotch.com.
You are responsible for securing your device against unauthorized use. You are responsible for all content generated from your account and device. Hopscotch will not be responsible for a security breach of your account caused by your device or account. For more on how we protect your privacy and how we use your data, please see our Privacy Policy
5. Third-Party Links and Content
Our Products may contain links to third-party websites and content that are not owned or controlled by Hopscotch. We do not assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Hopscotch, you do so at your own risk and you agree that Hopscotch will have no liability arising from your use of or access to any third-party website, service, or content.
Apple’s Terms and Payment
By Using Hopscotch on iOS you agree to Apple’s terms and payment system. Apple and Hopscotch are two separate entities and Hopscotch is not responsible for issues with payment, device functionality, or App Store availability. If, after contacting help@gethopscotch.com for troubleshooting, you are still not satisfied with the Application, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application.
6. Termination of License
Hopscotch may terminate or suspend this license at any time, with or without cause or notice to you. Sections 2 and 6-10 of this Agreement will survive termination.
7. Release and Indemnity
You agree to release, indemnify and hold harmless us, our members, officers, directors, employees, affiliates, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, with respect to (i) your access, use or misuse of, or reliance upon, the Product, (ii) your actual or alleged violation or breach of this Agreement or rights of another, (iii) User Content provided, modified, or adapted by you or through use of your account, and/or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.
8. Disclaimers
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
HOPSCOTCH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
While Hopscotch makes a best faith effort to remove all questionable content in a timely manner, it takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
9. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, INNO EVENT SHALL HOPSCOTCH BE LIABLE WITH RESPECT TO THE WEBSITE OR THE PRODUCTS OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PRODUCTS; OR (IV) FOR ANY MATTER BEYOND HOPSCOTCH’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
10. Governing Law
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our members, officers, directors, employees, affiliates, agents and third party licensors, arising under or in relation to this Agreement shall be resolved exclusively through final, binding, non-appealable arbitration in accordance with the American Arbitration Association rules in English, in front of one arbitrator with at least ten years experience in the area of the dispute. Each party shall equally bear the fees associated with such arbitration unless the arbitrator finds such to be an undue hardship on you and in that case, we shall bear the entire cost of the arbitration fees, excluding your attorneys’ fees. You may participate in such arbitration by mail and phone to the fullest extent allowed by the rules and the arbitrator. The arbitrator shall not issue a written opinion along with the judgment. You understand that, in return for agreement to this provision, we are able to offer the Products at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement. You hereby consent to the personal jurisdiction of the courts and arbitration proceedings described above.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Products or this Agreement: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, INANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
11. General Terms
Notification Procedures and changes to these Terms
Hopscotch reserves the right to determine the form and means of providing notifications to you. We may revise this Agreement from time to time and the most current version will always be posted on the Website and through the App store. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you may opt out by uninstalling the Application.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hopscotch without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability
This Agreement, together with the Privacy Policy and any amendments, shall constitute the entire agreement between you and Hopscotch concerning the Products. If any provision of this Agreement is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.
No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Hopscotch's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.