Terms of Service

Effective Date: February 10, 2023These Terms of Service ("Terms") govern your use of the website sparrows.top and the bird-watching & nature adventure games and related services (the "Services") provided by sparrows.top ("we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services. Eligibility You must be at least 7 years old to use the Services. If you are between 7 and 18, you must have parental or guardian consent. For premium subscriptions or in-game purchases, you must be at least 18 (or have parental consent) to enter into binding payment agreements. You represent and warrant that you have the legal capacity to agree to these Terms (or that your parent/guardian consents on your behalf). We reserve the right to restrict access to the Services in jurisdictions where use is prohibited by law. Account Registration To access core features (e.g., saved sighting logs, premium bird guides, cross-device sync), you may create an account. Account creation is optional for basic gameplay—you can explore most habitats without registering. If you create an account, you agree to provide accurate, current, and complete information during registration and to update it as needed. You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities conducted under your account. Notify us immediately at [email protected] of any unauthorized use. We may suspend or terminate your account at any time, with or without notice, if you: (i) provide false or misleading information; (ii) violate these Terms; (iii) engage in fraudulent behavior; (iv) share inappropriate content; or (v) use the Services for illegal purposes. User Conduct You agree not to: Use cheats, hacks, or third-party software to bypass puzzles, unlock premium content without payment, or manipulate bird sightings (e.g., instant rare bird spawns). Share your account credentials with others or allow unauthorized use of your account. Post or transmit content that is offensive, violent, discriminatory, or harmful to bird habitats (e.g., content promoting deforestation) in feedback sections or community forums. Harass, bully, or intimidate other users, including in any community spaces associated with the Services. Disrupt the Services (e.g., spamming, overloading servers) or interfere with other users’ bird-watching experiences. Copy, modify, distribute, or reproduce any part of the Services (including bird visuals, habitat designs, or educational content) without our prior written permission. Intellectual Property All content on the Services (e.g., game code, bird species graphics, habitat designs, educational guides, music, logos) is owned by us or our licensors and protected by copyright, trademark, and other intellectual property laws. Bird facts and illustrations are licensed from ornithological organizations and may not be reproduced without separate permission. You are granted a limited, non-exclusive, non-transferable license to use the Services for personal, non-commercial purposes only. You may not create derivative works or use the Services for commercial gain without our prior written permission. User-generated content (e.g., sighting notes, feedback, social media shares of gameplay) remains your property, but you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with the Services and our conservation efforts. Payments and Subscriptions Premium subscriptions and in-game purchases are final and non-refundable, except as required by law (e.g., defective services). Refund requests must be submitted within 14 days of purchase. Subscriptions auto-renew unless canceled at least 24 hours before the end of the billing period. You can cancel via your account settings or by contacting [email protected]. We reserve the right to change pricing or modify subscription benefits with prior notice (at least 30 days for existing subscribers). A portion of all purchases supports bird conservation partners (e.g., Audubon Society, BirdLife International). Service Modifications and Termination We may modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. This includes adding or removing bird species, updating habitats, or discontinuing support for older devices. We are not liable for any loss or damage resulting from such changes. You may terminate your account at any time by contacting [email protected]. Upon termination, your right to use the Services ceases, and we may delete your account and related data (subject to legal obligations). Disclaimer of Warranties The Services are provided "as is" and "as available" without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, and non-infringement). We do not warrant that the Services will be uninterrupted, error-free, or secure, or that they will accurately represent all bird species or habitats (though we strive for authenticity). We are not liable for technical issues caused by your device, internet connection, or third-party services. Limitation of Liability To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of sighting progress, data, or enjoyment) arising from your use of the Services. Our total liability for any claim arising from these Terms or the Services shall not exceed $50 (or the amount you paid for the relevant service, if higher). Dispute Resolution These Terms are governed by the laws of the State of New York, USA, excluding conflict of law principles. Any dispute arising from or related to these Terms or the Services shall be resolved through binding arbitration in Ithaca, New York, administered by the American Arbitration Association under its Consumer Arbitration Rules. We prioritize amicable resolution for all disputes. Changes to These Terms We may update these Terms periodically. We will notify you of changes by posting the revised Terms on our website with a new effective date. Your continued use of the Services after the update constitutes acceptance of the revised terms. Contact Us For questions or concerns, contact:sparrows.top789 Birdwatch Lane, Ithaca, NY 14850, USAEmail: [email protected]