TERMS OF SERVICE

Bird Game 3

Last Updated: November 30, 2024

1. Acceptance of Terms

Welcome to Bird Game 3! By accessing or using our website and game (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.

2. Description of Service

Bird Game 3 is a free, browser-based game inspired by the fictional "lost Xbox 50 classic." The Service includes:

  • A playable Flappy Bird-style game with 3 character options
  • Leaderboard system (local, browser-based)
  • Personality quiz and community tools
  • Historical timeline and character information
  • User statistics and achievement tracking

Note: This is a parody/satire project. Bird Game 3 was never an actual Xbox 50 game. The "history" is fictional.

3. User Accounts and Data

3.1 No Registration Required

You do not need to create an account to play Bird Game 3. All data is stored locally in your browser using LocalStorage.

3.2 Username/Display Names

When submitting scores to the leaderboard, you may provide a username or display name. You agree that:

  • Your username will not contain offensive, vulgar, or inappropriate content
  • You will not impersonate others or use misleading names
  • We reserve the right to remove inappropriate usernames

3.3 Data Responsibility

Since all data is stored locally in your browser:

  • We are NOT responsible for data loss due to browser clearing, device changes, or technical issues
  • You are responsible for backing up your data if desired
  • Data does not sync across devices or browsers

4. Acceptable Use

You agree to use the Service only for lawful purposes. You must NOT:

  • Cheat or Exploit: Use bots, scripts, or automated tools to manipulate scores
  • Hack or Attack: Attempt to breach security, inject malicious code, or disrupt service
  • Spam or Abuse: Submit spam, offensive content, or harassing material
  • Reverse Engineer: Decompile, disassemble, or reverse engineer the game code (except as permitted by open source license)
  • Commercial Use: Use the Service for commercial purposes without permission
  • Impersonate: Pretend to be someone else or misrepresent your affiliation

5. Intellectual Property

5.1 Our Content

The Bird Game 3 concept, design, text, graphics, and overall "vibe" are our intellectual property. The game code is open source under the MIT License (see section 5.2).

5.2 Open Source Components

This game is based on nebez/floppybird (MIT License). You may use and modify the code according to the MIT License terms:

  • Free to use, modify, and distribute
  • Must include the original copyright notice
  • Provided "as is" without warranty

See our GitHub repository for full license details.

5.3 Third-Party Resources

  • Fonts: Press Start 2P and VT323 from Google Fonts
  • Retro GIFs: From various public domain sources
  • Game Engine: nebez/floppybird (MIT License)

5.4 User-Generated Content

Content you create using our tools (bird names, fake memories, quiz results):

  • Remains your property
  • You grant us a non-exclusive license to display it on the leaderboard
  • You are responsible for ensuring your content doesn't violate laws or rights of others

6. Disclaimers and Warranties

6.1 "AS IS" Service

Bird Game 3 is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

  • Fitness for a particular purpose
  • Non-infringement
  • Uninterrupted or error-free operation
  • Accuracy or reliability of information

6.2 Parody/Satire Disclaimer

IMPORTANT: Bird Game 3 is a PARODY project. The "Xbox 50" console never existed. The "2005 release" is fictional. The "lost media" story is satire. Any "memories" of playing this game in 2005 are either:

  • Generated by our fake memory tool
  • Confused recollections of other games
  • Participatory fiction/roleplay

We make no claims that Bird Game 3 existed before 2024/2025.

6.3 Third-Party Services

We use third-party services (Google Analytics, Vercel hosting, Google Fonts). We are not responsible for their availability, accuracy, or data practices. Refer to their respective terms and privacy policies.

7. Limitation of Liability

To the maximum extent permitted by law:

  • We are NOT liable for any indirect, incidental, special, consequential, or punitive damages
  • We are NOT liable for loss of profits, data, use, or goodwill
  • Our total liability shall not exceed $10 USD
  • We are NOT responsible for device damage, data loss, or time wasted playing the game

Note: Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

8. Indemnification

You agree to indemnify and hold harmless Bird Game 3, its creators, and contributors from any claims, damages, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of others
  • Content you submit or create

9. Termination

We reserve the right to:

  • Suspend or terminate access to the Service at any time, for any reason
  • Remove inappropriate content or usernames
  • Modify or discontinue the Service without notice

You may stop using the Service at any time by simply closing your browser.

10. Children's Use

Bird Game 3 is suitable for general audiences. However:

  • Users under 13 should have parental permission
  • We do not knowingly collect data from children under 13
  • Parents are responsible for monitoring their children's online activity

11. Governing Law

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts of California.

12. Dispute Resolution

Before filing a lawsuit, please contact us to attempt informal resolution. We'll do our best to resolve disputes amicably.

If informal resolution fails, you agree to binding arbitration in California under the American Arbitration Association rules.

13. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

14. Contact Information

Questions about these Terms? Contact us:

These Terms of Service are effective as of November 30, 2024.
© 2005-2025 Bird Game Corp. All Rights Reserved.

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