Rookery Terms of Use
Effective Date: JULY 26, 2025
Last Updated: JULY 26, 2025
1. ACCEPTANCE OF TERMS
By downloading, installing, accessing, or using the Rookery mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.
These Terms constitute a legally binding agreement between you and Rookery, Inc. ("Company," "we," "us," or "our") regarding your use of the App and related services.
2. AGE REQUIREMENT AND ELIGIBILITY
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS APP. By using the App, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into these Terms
- You are not prohibited from using the App under applicable law
- All information you provide is accurate and truthful
WE DO NOT PERMIT USERS UNDER 18 YEARS OF AGE. If we learn that someone under 18 is using the App, we will immediately terminate their account.
3. USER RESPONSIBILITIES AND CONDUCT
3.1 Your Responsibility for Privacy
YOU ARE SOLELY RESPONSIBLE FOR YOUR PRIVACY AND THE PRIVACY OF OTHERS. You acknowledge that:
- The App involves location sharing and real-time tracking features
- Other users may see your general location and activity
- You choose what information to share and with whom
- You must obtain consent before sharing others' personal information
- You are responsible for managing your privacy settings
3.2 Prohibited Conduct
You agree NOT to:
- Use the App for any illegal, harmful, or offensive purposes
- Harass, threaten, intimidate, or harm other users
- Send spam, unsolicited messages, or promotional content
- Impersonate any person or entity
- Share content that is defamatory, obscene, or violates intellectual property rights
- Attempt to hack, reverse engineer, or disrupt the App
- Create multiple accounts or use automated systems
- Engage in any conduct that violates local, state, or federal laws
3.3 User-Generated Content
You are solely responsible for all content you create, share, or transmit through the App, including:
- Messages and communications
- Profile information
- Photos and media files
- User names and descriptions
4. LOCATION-BASED SERVICES
4.1 Location Data
The App provides location-based services that:
- Track your device's GPS coordinates
- Display your approximate location to other users
- Calculate distances and flight paths for virtual pigeons
- Store location history for app functionality
4.2 Location Risks
YOU ACKNOWLEDGE AND ACCEPT THE RISKS OF LOCATION SHARING, INCLUDING:
- Other users may determine your approximate location
- Location data may be used to identify patterns in your movements
- Technical malfunctions may result in inaccurate location data
- Third parties may attempt to misuse location information
YOU USE LOCATION-BASED FEATURES AT YOUR OWN RISK.
5. LIMITATION OF LIABILITY
5.1 General Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
- PERSONAL HARM OR SAFETY ISSUES arising from app use or user interactions
- PRIVACY BREACHES resulting from your use of location or communication features
- DATA LOSS OR CORRUPTION of messages, media, or account information
- FINANCIAL LOSSES from in-app purchases, technical issues, or account problems
- RELATIONSHIP ISSUES arising from social interactions through the App
- TECHNICAL PROBLEMS including app crashes, data synchronization failures, or service interruptions
- THIRD-PARTY ACTIONS including other users' conduct or external service providers
- FORCE MAJEURE EVENTS including natural disasters, government actions, or network failures
5.2 Specific Disclaimers
We are not responsible for:
- The accuracy of location data or GPS coordinates
- User interactions, communications, or relationships formed through the App
- Content shared by other users
- Technical compatibility with your device or operating system
- Internet connectivity or network performance issues
- Actions taken by third-party service providers (Apple, Google, payment processors)
5.3 Damages Limitation
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY.
6. IN-APP PURCHASES
6.1 Payment Terms
- All purchases are processed through Apple's App Store or Google Play Store
- Prices are set by the respective app store and may vary by location
- All sales are final unless otherwise required by law
- Refund requests must be made through the app store, not directly to us
6.2 Virtual Items
- Purchased items (pigeons, skins, etc.) have no real-world value
- Virtual items cannot be transferred, sold, or exchanged for real currency
- We may modify or discontinue virtual items at any time
- Virtual items may be lost due to technical issues, account termination, or app discontinuation
7. ACCOUNT TERMINATION
7.1 Our Right to Terminate
We may suspend or terminate your account immediately, without notice, for:
- Violation of these Terms
- Illegal or harmful conduct
- Technical or security concerns
- Extended inactivity
- Any reason at our sole discretion
7.2 Effect of Termination
Upon termination:
- Your access to the App will be revoked
- Your account data may be deleted
- Virtual items and purchases may be forfeited
- Outstanding obligations remain in effect
8. INTELLECTUAL PROPERTY
8.1 Our Rights
The App, including all content, features, and functionality, is owned by us and protected by intellectual property laws. You may not:
- Copy, modify, or distribute any part of the App
- Use our trademarks, logos, or branding without permission
- Reverse engineer or attempt to extract source code
- Create derivative works based on the App
8.2 User Content
By sharing content through the App, you grant us a worldwide, royalty-free license to use, display, and distribute your content for App operations and improvements.
9. PRIVACY AND DATA SECURITY
9.1 Data Collection
By using the App, you acknowledge that we collect and process your personal information as described in our Privacy Policy, including:
- Location data and GPS coordinates
- Personal information (name, email, phone number)
- Messages and communications
- Usage analytics and app behavior data
9.2 Security Limitations
WHILE WE IMPLEMENT REASONABLE SECURITY MEASURES, WE CANNOT GUARANTEE:
- Complete protection against data breaches or unauthorized access
- Perfect encryption or security of communications
- Protection against all forms of cyber attacks
- Absolute privacy of your information
YOU USE THE APP AT YOUR OWN RISK REGARDING DATA SECURITY.
10. DISPUTE RESOLUTION
10.1 Governing Law
These Terms are governed by the laws of NEW YORK STATE, without regard to conflict of law principles.
10.2 Mandatory Arbitration
ANY DISPUTE ARISING FROM THESE TERMS OR THE APP MUST BE RESOLVED THROUGH BINDING ARBITRATION, except for:
- Claims that may be resolved in small claims court
- Intellectual property disputes
- Requests for injunctive relief
10.3 Class Action Waiver
YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION against us.
11. CHANGES TO TERMS
We may modify these Terms at any time by posting updated Terms in the App. Continued use of the App after changes constitutes acceptance of the new Terms.
12. ADDITIONAL PROVISIONS
12.1 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.
12.2 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.
12.3 No Waiver
Our failure to enforce any provision does not constitute a waiver of that provision.
12.4 Force Majeure
We are not liable for delays or failures caused by circumstances beyond our reasonable control.
13. CONTACT INFORMATION
For questions about these Terms, contact us at:
Email: contact@rookerysocial.app
BY USING THE ROOKERY APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.