Terms of Service

Please read these terms carefully before using our services

1. Introduction

Welcome to Cosmic Birds! These Terms of Service ("Terms") govern your access to and use of the Cosmic Birds mobile game, website, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Cosmic Birds is owned and operated by Cosmic Games Studio ("we," "us," or "our"). We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you represent that you have your parent or guardian's permission to use the Services. Please have them read these Terms with you. If you are a parent or legal guardian of a user under the age of 18, you agree to be fully responsible for the acts or omissions of such user in connection with our Services.

By using our Services, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use our Services. We may also change our eligibility requirements at any time.

3. User Accounts

To access certain features of our Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.1 Account Information

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

3.2 Account Security

You are responsible for safeguarding your password and for restricting access to your account from your devices. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.

4. User Conduct

You agree not to engage in any of the following prohibited activities:

  • Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"
  • Using any automated system, including "robots," "spiders," "offline readers," etc., to access the Services
  • Transmitting spam, chain letters, or other unsolicited email
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services
  • Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
  • Uploading invalid data, viruses, worms, or other software agents through the Services
  • Collecting or harvesting any personally identifiable information from the Services
  • Using the Services for any commercial solicitation purposes
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity
  • Violating any applicable law or regulation

5. In-App Purchases and Virtual Currency

The Services may include virtual currency, virtual goods, or other features that require payment of real money. These purchases are governed by additional terms:

5.1 Purchases

All purchases of virtual currency, virtual goods, or premium features are final and non-refundable, except as required by applicable law. We reserve the right to change the pricing for virtual goods and currency at any time.

5.2 Virtual Currency and Goods

Virtual currency and virtual goods have no monetary value and do not constitute real money or property. Virtual currency and goods cannot be sold, traded, transferred, or redeemed for real money, goods, or services. We reserve the right to manage, regulate, control, modify, or eliminate virtual currency and goods at our sole discretion.

6. Intellectual Property Rights

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.1 Limited License

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited license to access and use the Services for your personal, non-commercial use. This license does not include any resale or commercial use of any part of the Services or its contents.

6.2 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your Web browser for display enhancement purposes
  • If we provide social media features with certain content, you may take such actions as are enabled by such features

7. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. By using our Services, you acknowledge and agree that your use is subject to our Privacy Policy.

8. Termination

We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Services or contact us for assistance.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR 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 SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any choice or conflict of law provision or rule.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]

Address: 123 Game Studio Boulevard, San Francisco, CA 94105

Last Updated: April 15, 2024