End User License Agreement and Terms of Service
Acknowledgement.
By downloading and using the game past the initial login screen, these terms will automatically apply to you. Ensure that you read them carefully before using the game.
This End User License Agreement allows you (“You”, “User”) to access and play The Bird Game (“Licensed Application“, “game”), developed and published by Candlelight Development, LLC (“Company”, “Licensor”). The Agreement is between You and the Company. Access is free of charge. The game offers in-application puchases (IAP’s) through various platform providers (for example Google Play Store, Apple App Store) and any purchases made through those platforms are governed through the policies and terms of those Services as well as this EULA.
Scope of License.
The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Device to a third party, you must remove the Licensed Application from the Device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, 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 Licensed Application).
Subscription.
The Bird Game contain an IAP which renews on a recurring basis (“Subscription”). Subscriptions enable User access to Content during the period for which Subscription payments are paid for. User acknowledges that they must play the game during active Subscription periods to claim or unlock any associated Digital Products which are enabled by a Subscription. Content not accessed via User activity within the Licensed Application during an active Subscription period will not be accessible once that period expires. Digital Products unlocked during an active and valid Subscription period do not expire.
Copyright.
You may share screenshots of the game, links to the game on this site or its location on the stores of platform providers, links or copies of the unmodified trailer, or other marketing collateral which clearly points to the game as published by the Company. You may not copy or modify the game, any part of the game, or Candlelight Development trademarks in any way. You may not attempt to extract the source code of the game, and you may not translate the game into other languages or make derivative versions. You may not explicitly copy the gameplay, game structure, or design for use in another game. The game itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, belong to Candlelight Development, LLC.
Use of Creative Commons Assets.
The Bird Game makes use of Creative Commons (CC0) and Creative Commons “By” (CC3, CC4) licensed material. Where required CC3 and CC4 Material are listed for public credit to their respective artist in this Agreement, in the Game itself, and in marketing material where used.
Music Credits:
Haru by Roa | https://roa-music.com | Music promoted by https://www.chosic.com/free-music/all/
Creative Commons CC BY 3.0 | https://creativecommons.org/licenses/by/3.0/
Summer Madness by Roa | https://roa-music.com | Music promoted by https://www.chosic.com/free-music/all/
Creative Commons CC BY 3.0 | https://creativecommons.org/licenses/by/3.0/
Follow The Sun by Luke Bergs & Waesto | https://soundcloud.com/bergscloud/ | Music promoted by https://www.chosic.com/free-music/all/
Creative Commons CC BY 3.0 | https://creativecommons.org/licenses/by/3.0/
Adventures by A Himitsu https://soundcloud.com/a-himitsu/ | Music released by Argofox https://youtu.be/8BXNwnxaVQE | Music promoted by https://www.chosic.com/free-music/all/
Creative Commons CC BY 3.0 | https://creativecommons.org/licenses/by/3.0/
Take Off by Luke Bergs & Waesto https://soundcloud.com/bergscloud/ | Music promoted by https://www.chosic.com/free-music/all/
Creative Commons CC BY 3.0 | https://creativecommons.org/licenses/by/3.0/
Journey by Roa | https://roa-music.com | Music promoted by https://www.chosic.com/free-music/all/
Creative Commons CC BY 3.0 | https://creativecommons.org/licenses/by/3.0/
Walk Around by Roa | https://roa-music.com | Music promoted by https://www.chosic.com/free-music/all/
Creative Commons CC BY 3.0 | https://creativecommons.org/licenses/by/3.0/
User Data.
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
External Services.
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
User Content.
You may share unmodified screenshots or recordings of the game, so long as such screenshots are not modified to deliberately change the underlying content. Overlays of commentary for review purposes are acceptable.
The Bird Game does not support the uploading or sharing of user-defined Content to its servers.
A “share” button in the app allows users to send a link to thebirdgame.io to contacts through various third party applications which are already installed on their device. Users agree not to send data that is harmful, defamatory, illegal, or otherwise negative in association with this link when using the button. User acknowledges that they remain bound to the Terms and Services or End User License Agreements of those applications when using the button.
Connectivity.
Certain functions of the game will require the game to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Candlelight Development, LLC cannot take responsibility for the game not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the game outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the game, or other third party charges. In using the game, you’re accepting responsibility for any such charges, including roaming data charges if you use the game outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the game, you must have received permission from the bill payer for using the game.
No Warranty.
Except as otherwise expressly set forth herein, all services are provided “as is,” and provider and its affiliates provide no warranties of any kind (written, oral, or statutory, express or implied) in connection with the services and this agreement, and hereby disclaim any and all warranties (written, oral, or statutory, express or implied), including all implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. To the extent that provider or its affiliates may not as a matter of applicable law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.
Hold Harmless.
User agrees to Hold Harmless the Company for any and all events whatsoever which occur while playing the game or as a result of playing, downloading, or installing the game.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Export Limitations.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Third Part Content.
The Bird Game includes advertisements which can be viewed for rewards or to progress the game. Candlelight Development makes all efforts to partner with responsible third parties for the use of advertisements. User agrees to hold Company harmless for any third party content (Advertisements) which they find objectionable, harmful, or otherwise unsatisfactory. User agrees to alert the Company via an email to info@candlelight.dev if illegal or harmful content is observed from third parties within The Bird Game.
Loss of Access.
Although the Company endeavors to ensure that The Bird Game updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Candlelight Development, LLC accepts no liability for any loss, direct or indirect, you experience as a result of using the game. User agrees to hold the Company harmless for any loss, direct or indirect, experienced by the User as a result of using, downloading, or installing the game.
Commercial Items.
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Game Maintenance and Support.
The Company may, from time to time, update the Licensed Application for regular maintenance or to include new updates. Updates and Maintenance are subject to the terms of this Agreement.
Governance.
This Agreement and the relationship between you and the Company shall be governed by the laws of the State of Massachusetts.
Termination of this Agreement and Use of the Game.
Candlelight Development, LLC may terminate use or maintenance of the game at any time without notice. Unless otherwise stated, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the game, and if directed, delete it from your device. You may terminate the agreement at any time by deleting the game from your devices and any derivative material.
Changes to These Terms and Conditions.
Company may update these Terms and Conditions from time to time. These changes are effective immediately after they are posted on this page.
Contact Us.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact Candlelight Development, LLC at info@candlelight.dev.