BIRD ROCK GAMES

LAST MODIFIED ON JULY 4, 2021

This Terms of Use (the “Agreement”) applies to the Bird Rock's products and services which include:

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The “Jigsaw Puzzles” mobile app and other Bird Rock-published mobile apps.

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The Bird Rock Games website located at: https://www.birdrockgames.com.

1. Acceptance of Terms

By continuing to use the Service, you agree as follows:

1.1. You understand and intend that this Agreement is a legally binding agreement and the

equivalent of a signed, written contract;

1.2. You will use the Service in accordance with applicable laws and regulations and in accordance

with the terms and conditions in this Agreement as it may be amended by Bird Rock from time

to time; and

1.3. You understand, accept, and have received this Agreement and its terms and conditions, and

acknowledge and demonstrate that you can access this Agreement.

If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of

the Service.

2. Bird Rock’s License to You

Bird Rock grants you a single, non-exclusive, non-transferable and limited personal license to access and

use the Service. This license is conditioned on your continued compliance with the terms and conditions

in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and,

if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you

must remove the Service from such device before doing so. You may not copy, decompile, reverse-

engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the

Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is

prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of

any open-sourced components included with the Service).

Apple Users: For users who accessed the Service through the Apple App Store, as permitted by the

Usage Rules set forth in the Apple Media Services Terms and Conditions, the above license is limited to

Important: Please read these Terms of Use carefully before continuing to use our products.

Section 20 of this Terms of Use Agreement contains a binding arbitration clause and class action

waiver. If you live in the United States, this Section affects your rights about how to resolve disputes

that you may have with us.

Please read it carefully.

usage on any Apple-branded products that you own or control, and only as permitted by the Usage Rules

set forth in the Apple Media Services Terms and Conditions located at https://www.apple.com/legal/

internet-services/itunes/us/terms.html. However, the Service may be accessed and used by other accounts

associated with you via Family Sharing or volume purchasing.

3. Messages from Bird Rock

You understand that you may receive business-related communications from Bird Rock through the

Service or through email, such as product and other announcements, and administrative notices. You

agree that these communications are not “unsolicited commercial email advertisements” and you agree to

receive them.

Marketing-related email messages will be accompanied by instructions for opting out.

4. Third-Party Platforms

Even though you may have purchased or licensed the Service through a third-party platform, such as the

Apple App Store, the Google Play Store, and others (each, a “Third-Party Platform”), none of the Third-

Party Platforms or their owners are a party to this Agreement and they have no obligations to you in

connection with the Service.

5. Your License to Bird Rock; Your Conduct

5.1. Your Content. Any communications or material of any kind that you email, post, or otherwise

transmit to Bird Rock or the public on or using the Service, including photographs, chat,

emails, comments, voice recordings, data, questions, comments, or suggestions are known as

your “Content.”

Bird Rock does not own your Content. By posting Content, you represent (i) that you are the

owner of the Content or have all of the necessary rights to share them, and (ii) give Bird Rock

permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish,

perform, display, develop, reproduce, communicate to the public and to make your Content

otherwise available in any form and by any media (whether now known or hereafter devised),

including through any on-demand or broadcast service, whether on a commercial or non-

commercial basis anywhere in the world, including the right to incorporate any suggestions or

feedback into the Service as new or updated features, without limitation.

5.2. Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that

you will not engage in conduct (including the sharing of Content) which:

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is threatening, bullying, defamatory, abusive, obscene, extremely violent, lewd, sexually

provocative or suggestive, pornographic, or which in any manner could give rise to any

civil or criminal liability under applicable law;

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is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis

of race, color, gender, age, religion, national origin, disability, sexual preferences, or

gender identity;

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constitutes spam (sending the same message multiple times or to multiple people, or

sharing or sending the same content multiple times, will be treated as spam);

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is a solicitation or advertisement for any lewd or inappropriate personal conduct,

commercial product, or activity;

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encourages or constitutes behavior that does not support a safe and comfortable

environment for all users, which conduct may include but not be limited to bullying,

vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing,

abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit,

inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any

manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise

makes the Service an uncomfortable experience for anyone;

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restricts, inhibits, or discourages any other user from using the Service;

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hacks, modifies or otherwise makes use of automation software (bots) or any other

unauthorized third-party software designed to modify the Service experience;

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violates any local, state, federal or international laws or gives rise to civil liability;

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violates or infringes any third-party rights (including but not limited to copyright,

trademark, rights of privacy or publicity, defamation or any other proprietary right);

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imposes an unreasonable or disproportionately large load on the Service or otherwise

interferes with the Service;

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is a “chain letter,” or constitutes “junk mail”;

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specifies or claims that that you are affiliated with Bird Rock when you are not, including

without limitation an “Administrator,” “Moderator,” “Game Master,” or any other

employee or agent of Bird Rock;

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requests login information from other users;

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“spoofs” (use of any means to disguise your online identity or alter original attribute

information, including, but not limited to duplicate accounts);

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uses or possesses programs to “crack” the Service or other Internet security tools;

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contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or

data, or any other similar software or programs that may damage or inhibit the operation

of the Service;

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reverse engineers or decrypts any proprietary file formats;

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uses content provided by the Service (such as artwork or photographs), for any purpose

other than that for which it was intended; or

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anything else that Bird Rock, in its sole determination, deems offensive or harmful to the

Service or to Bird Rock’s integrity or business.

6. Virtual Items

Virtual goods, downloadable content, and virtual “tokens” or currency (collectively, “Virtual Items”) may

be offered for purchase or otherwise earned through the Service. Your election to make a purchase with

real currency will be an offer to Bird Rock to purchase at the prices and on the terms set forth on the

Service.

You agree that you have no right or title in or to any Virtual Items. Bird Rock does not recognize any

purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real

world” of anything that appears or originates in the Service. You may not sell Virtual Items for “real”

money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have

no real-world value and are licensed, not owned.

Unless required by law or otherwise specified on the Service or by the Third-Party Platform you access

the Service through, all sales of Virtual Items are final when the transaction has been processed and no

refunds will be given.

7. Support Services

Bird Rock may, in its sole discretion, provide you with customer and technical support services related to

the Service (“Support Services”). Bird Rock is not required to provide Support Services unless otherwise

required by applicable law. No failure to provide, or to continue to provide, Support Services will be a

default of Bird Rock under this Agreement. Any supplemental software code provided to you as part of

the Support Services will be treated as part of the Service, and as between you and Bird Rock will be and

remain the sole property of Bird Rock and will be subject to the terms and conditions of this Agreement.

Bird Rock customer support may be reached by contacting us at care@birdrockgames.com. None of the

Third-Party Platforms or their owners have any obligation whatsoever, under any circumstances, to

provide Support Services with respect to the Service.You agree that you will look solely to Bird Rock in

connection with Support Services.

8. Modification, Termination, and Monitoring of the Service

Bird Rock reserves the right to modify or discontinue, temporarily or permanently, the Service (or any

part of the Service) with or without notice at any time. You agree that Bird Rock will not be liable to you

or any third party for any modification, suspension, or discontinuance of the Service.

Bird Rock reserves the right to monitor use of the Service to determine compliance with this Agreement,

as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in

part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason,

at any time.

Bird Rock may monitor your Content and other communications to evaluate the quality of service you

receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree

that such monitoring activities will not entitle you to any cause of action or other right with respect to the

manner in which Bird Rock or its affiliates or agents monitor your Content and other communications and

enforces or fails to enforce the terms of the Agreement. In no event will Bird Rock or any of its affiliates

or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of

monitoring activities by Bird Rock or its affiliates or agents.

9. Security of Data Transmission and Storage

Electronic communications using the Service may not always be encrypted. You acknowledge that there is

a risk that data, including email, electronic communications, and personal data, may be accessed by

unauthorized third parties when communicated between you and Bird Rock or between you and other

parties. Additionally, your communications and Content on the Service may be publicly available to other

parties.

Bird Rock and its affiliates and agents are permitted, but not obligated, to review or retain your Content

and other communications.

10. Hyperlinks

The Service may contain links to other sites and software applications, including through display

advertisements (the “Linked Services”). Bird Rock does not control the Linked Services, and Bird Rock

and its affiliates and agents make no representations whatsoever concerning the content, accuracy,

security or privacy of those Linked Services. The fact that Bird Rock has provided a link to an external

location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked

Services, its owners, or its providers. There are risks in using any information, software, or products

found on the Internet, and Bird Rock cautions you to make sure you understand these risks before

retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no

circumstances will you hold Bird Rock or its affiliates or agents liable for any loss or damage caused by

use of or reliance on any content, goods, or services available on Linked Services.

11. Trademarks and Copyrights

The Service is owned by Bird Rock and is protected by United States copyright laws and international

treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are

proprietary to Bird Rock, except for certain licensed photographs, artwork, software code, and other

materials which Bird Rock uses under permission from their owners. Nothing contained in the Service

should be seen as granting any license or right to use any trademark displayed in the Service without the

written permission of Bird Rock or such third party that may own the trademarks displayed in the Service.

Your use of the trademarks displayed in the Service, or any other content in the Service, except as

provided in this Agreement, is strictly prohibited.

Intellectual property displayed through the Service is either the property of, or used with permission by,

Bird Rock. You are prohibited from using or authorizing the use of this intellectual property unless

specifically permitted under the Agreement. Any unauthorized use of this intellectual property may

violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and

statutes.

Apple Users: In the event of any third-party claim that the Service or your possession and use of the

Service infringes that third party’s intellectual property rights, Bird Rock, not Apple, will be solely

responsible for the investigation, defense, settlement, and discharge of any such intellectual property

infringement claim.

12. Disclaimer of Warranties

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing

disclaimer may not apply to you.

Apple Users: In the event of any failure of the Service to conform to any applicable warranty, you may

notify Apple, and Apple will refund the purchase price for the Service to you. Additionally, to the

maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever

with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses

attributable to any failure to conform to any warranty, if any, will be Bird Rock’s sole responsibility.

13. Limitation of Liability

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for

consequential or incidental damages, in such states or jurisdictions, the liability of Bird Rock and its

affiliates will be limited to the fullest extent permitted by law.

Your use of the Service is entirely at your own risk.

The Service is provided by Bird Rock on an as-is basis. Bird Rock expressly disclaims all warranties of

any kind, whether express or implied, including, but not limited to the implied warranties of

merchantability, fitness for a particular purpose and non-infringement.

Bird Rock makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the

Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from

the use of the Service will be accurate or reliable.

No advice or information, whether oral or written, obtained by you from Bird Rock, or through the

Service creates any warranty regarding the Service not expressly stated in this Agreement.

To the maximum extent permitted by applicable law, no Third-Party Platform is a party to this

Agreement or your purchase or license of the Service. None of the Third-Party Platforms make any

warranties, or assume any warranty or other obligations with respect to: (i) the Service, or (ii) any

claims, losses, liabilities, damages, costs, or expenses attributable to the Service, including any

warranties arising from claims of infringement of intellectual property or personal rights, products

liability, or failure of the Service to perform, execute, or conform to any standard.

You expressly understand and agree that neither Bird Rock nor any Third-Party Platform is liable for

any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for

loss of profits, goods, goodwill, use, data, or other intangible losses (even if Bird Rock or the Third-

Party Platform has been advised of the possibility of such damages), resulting from the use or the

inability to use the Service or any other matter relating to the Service.

You hereby expressly and irrevocably waive, and agree never to assert any claims against any Third-

Party Platform that you may have under any theory of law or equity anywhere in the world, in

connection with rights licensed under this Agreement, your possession or use of the Service, or the

content of the Service. Any claims arising out of the Service are subject to the limitations set forth in

this Agreement and may be brought only against Bird Rock, as described in Sections 19 and 20 below.

Apple Users: Both you and Bird Rock acknowledge that Bird Rock, not Apple, are responsible for

addressing any user claims User or any third party relating to the Service or your possession and/or use of

the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to

conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer

protection, privacy, or similar legislation, including in connection with the Service’s use of the HealthKit

and HomeKit frameworks.

14. Indemnification

You agree to indemnify and hold Bird Rock and its affiliates, officers, agents, and employees harmless

from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity

arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s

rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no

circumstances, including any negligent act, will Bird Rock or its affiliates or agents be liable for any

damages of any kind that result from the use of, or the inability to use, the Service.

15. Your Personal Information

Certain personal and other information that we collect, process, and share is subject to our Privacy Policy.

As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed

from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://

www.birdrockgames.com/privacy-policy.html. You agree that your use of the Service is subject to the

16. Disclosures Required by Law

Bird Rock reserves the right to disclose any information, including personally identifiable information

about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Bird Rock reserves the right to fully cooperate with any law enforcement authorities or court order

requesting or directing Bird Rock to disclose the identity of any user believed to be in violation of this

Agreement.

By accepting this Agreement, you waive all rights and agree to hold Bird Rock harmless from any claims

resulting from any action taken by Bird Rock during or as a result of its investigations or from any actions

taken as a consequence of investigations by either Bird Rock or law enforcement authorities.

17. Legal Compliance

By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a

U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist

supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted

parties.

18. Third-Party Beneficiary

You acknowledge and agree that the Third-Party Platforms are third party beneficiaries of this Agreement,

and that, upon your acceptance of the terms and conditions of this Agreement, any of the foregoing third

parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a

third party beneficiary.

19. Governing Law; Mediation; Jurisdiction

The Agreement, and all future agreements you enter into with Bird Rock, unless otherwise indicated on

such other agreement, will be governed by the laws of the State of California. This is the case regardless

of whether you reside or transact business with Bird Rock, or any of its affiliates or agents, in the State of

California or elsewhere. Unless a dispute would be governed by the terms of Section 20 below, you agree

to submit to the personal and exclusive jurisdiction of the courts located within the city of San Diego,

California, United States.

For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this

Agreement, an amicable solution can be sought before any legal action. You can file your complaint with

Bird Rock by sending a message via email to care@birdrockgames.com. In case of failure, you can,

within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by

filing an online complaint on the European Commission’s Online Dispute Resolution website: https://

webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-

court dispute resolutions fail, the dispute may be brought before the competent courts.

20. Binding Arbitration

21. Miscellaneous Terms

21.1. Agreement Revisions. This Agreement may only be revised in writing by Bird Rock, or by

Bird Rock’s publication of a new version on the Service.

Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved

by binding arbitration, rather than in court (except that you may assert claims in small-claims court if

your claims qualify). You agree that each Claim must be brought individually.

YOU AND BIRD ROCK AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY

DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION

PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE

BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY

GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.

The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding

arbitration clause.

Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute

and award damages and other relief just like a court would. The arbitrator must follow this Agreement

as a court otherwise would. Court review of the arbitration award is limited under the Federal

Arbitration Act.

To start an arbitration, you must send an email to care@birdrockgames.com describing your Claim and

requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your

address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules

and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of

the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will

be apportioned as directed by the JAMS rules. The arbitration will take place in San Diego, California,

United States, unless the Parties agree to video, phone, or internet connection appearances.

Except as otherwise set forth below, you may seek any remedies available to you under federal, state or

local laws in an arbitration action. As part of the arbitration, both you and Bird Rock will have the

opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will

provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including

any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the

arbitrator’s decision is based.

Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief,

for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising

from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND

BIRD ROCK WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

You and Bird Rock agree that if any portion this Section is found illegal or unenforceable, that portion

will be severed and the remainder of the Section will be given full force and effect.

21.2. Force Majeure. Bird Rock is not liable for any delay or failure to perform resulting from

causes outside the reasonable control of Bird Rock, including without limitation any failure to

perform hereunder due to unforeseen circumstances or cause beyond Bird Rock’s control such

as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire,

floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or

materials.

21.3. No Partnership. You agree that no joint venture, partnership, employment, or agency

relationship exists between you and Bird Rock as a result of this Agreement or your use of the

Service.

21.4. Assignment. Bird Rock may assign this Agreement, in whole or in part, to any person or

entity at any time with or without your consent. You may not assign the Agreement without

Bird Rock’s prior written consent, and any unauthorized assignment by you will be null and

void.

21.5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable,

then that portion will be severed, and the remainder of the Agreement will be given full force

and effect.

21.6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this

Agreement, the prevailing party in such litigation will be entitled to recover from the other

party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing

party in the litigation.

21.7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be

construed to be a present or future waiver of such provision, nor in any way affect the right of

any party to enforce every such provision thereafter. The express waiver by us of any

provision, condition or requirement of this Agreement will not constitute a waiver of any

future obligation to comply with such provision, condition or requirement.

21.8. Equitable Remedies. You hereby agree that Bird Rock would be irreparably damaged if the

terms of this Agreement were not specifically enforced, and therefore you agree that we will

be entitled, without bond, other security, or proof of damages, to appropriate equitable

remedies with respect to breaches of this Agreement, in addition to such other remedies as we

may otherwise have available to us under applicable laws.

21.9. Entire Agreement. This Agreement, including the documents expressly incorporated by

reference, constitutes the entire agreement between you and Bird Rock with respect to the

Service and supersedes all prior or contemporaneous communications, whether electronic, oral

or written, between you and Bird Rock with respect to the Service.