This Terms of Use (the “Agreement”) applies to the Bird Rock's products and services which include:
The “Jigsaw Puzzles” mobile app and other Bird Rock-published mobile apps.
The Bird Rock Games website located at:
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
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:
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;
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;
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);
is a solicitation or advertisement for any lewd or inappropriate personal conduct,
commercial product, or activity;
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;
restricts, inhibits, or discourages any other user from using the Service;
hacks, modifies or otherwise makes use of automation software (bots) or any other
unauthorized third-party software designed to modify the Service experience;
violates any local, state, federal or international laws or gives rise to civil liability;
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);
imposes an unreasonable or disproportionately large load on the Service or otherwise
interferes with the Service;
is a “chain letter,” or constitutes “junk mail”;
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;
requests login information from other users;
“spoofs” (use of any means to disguise your online identity or alter original attribute
information, including, but not limited to duplicate accounts);
uses or possesses programs to “crack” the Service or other Internet security tools;
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;
reverse engineers or decrypts any proprietary file formats;
uses content provided by the Service (such as artwork or photographs), for any purpose
other than that for which it was intended; or
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
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 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
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
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:// You agree that your use of the Service is subject to the
Privacy Policy.
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
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
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 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:// 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.
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 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 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 arbitrators decision regarding the Claim, the award given (including
any attorneys’ fees and costs awarded), and the arbitrators findings and conclusions on which the
arbitrators 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.
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
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
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
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.