Welcome to the terms and conditions (the "Terms") for Big Fish Game Club (the "Program"). These Terms are between you and Big Fish Games, Inc. and/or its affiliates ("BFG", "we" or "us"), and govern our respective rights and obligations. The Terms, together with applicable terms and conditions related to any promotional offers provided to you for use with your Program membership, constitute the entire agreement between you and BFG related to the Program. Please note that your use of the BFG website and your Program membership are also governed by our Terms of Service and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements on the BFG website, all of which (as changed over time) are incorporated into these Terms. If you register for membership, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

UPON ACCEPTANCE OF THESE TERMS, YOU AGREE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM AS YOU PARTICIPATE IN THE PROGRAM.

YOUR USE OF BFG'S SOFTWARE WILL BE GOVERNED BY THE BFG END USER LICENSE AGREEMENT ("EULA") ACCOMPANYING THE BFG SOFTWARE. THESE TERMS SHALL SUPPLEMENT THE TERMS AND CONDITIONS OF THE EULA.

MEMBERSHIP AND PAYMENT

Your Program monthly membership fee will entitle you to receive one game credit ("Game Credit") per month, good for one (1) full version PC or Mac game. You may also purchase as many additional Game Credits as you'd like at the same price as your monthly the Program membership rate. Game Credits do not expire and will continue to accrue as long as you continue to pay your monthly membership fee. Game Credits may be gifted to third parties, but may not be resold for commercial gain by means of any direct sale or auction service.

When you join the Program, you will be asked to select a Program membership pack (a "Membership Package"), which will include the applicable charges relating to your Program membership. You agree to pay BFG these amounts in accordance with the Program Membership Package you select by using a valid credit or debit card, or other payment method we may accept from time to time, in accordance with the billing terms in effect at the time these amounts become payable. Payments are billed in advance at the beginning of the applicable month or at the beginning of the applicable membership period, if not monthly. All payments are non-refundable. Taxes may apply on your Program membership fees. You agree to provide BFG with valid credit or debit card (or other payment method) information, as well as any updates to such information, such as new expiration dates on credit or debit cards.

YOU HEREBY AUTHORIZE BFG TO AUTOMATICALLY CHARGE YOUR CREDIT CARD, DEBIT YOUR BANK ACCOUNT, OR OTHERWISE BILL OR CHARGE YOU IN ACCORDANCE WITH ANY ALTERNATIVE PAYMENT METHOD YOU HAVE SELECTED, EACH MONTH OR ON EACH APPLICABLE MEMBERSHIP PERIOD RENEWAL DATE, IN EITHER CASE UNTIL YOU CANCEL YOUR PROGRAM MEMBERSHIP.

You are legally responsible for any fees, including attorneys' and collection fees, that BFG may incur in its efforts to collect any remaining balances owed by you. If you cancel your Program membership or your Program membership is terminated by us, you will be billed for and hereby agree to pay any outstanding commitment remaining on your membership. You agree to notify BFG about any billing problems or discrepancies within ninety (90) days after they first appear on your relevant account statement. If you do not bring them to BFG's attention within such time, you agree that you waive your right to dispute such billing problems or discrepancies.

CANCELLATION POLICY

You may cancel your Program Membership at any time. However, if you do so, (a) BFG will not refund any remaining portion of your membership fees, including any minimum commitments, already charged, debited or otherwise billed to your account, (b) you are responsible for any remaining financial commitments relating to the Membership Package you selected, and (c) you will be billed for these remaining amounts at the time you cancel your membership. You understand and agree that cancellation of your membership is your sole right and remedy with respect to any dispute with BFG with respect to your Program membership. This includes, but is not limited to, any dispute related to or arising out of: (i) any of these Terms or BFG's enforcement or application thereof, (ii) any other policy or practice of BFG, including, without limitation, BFG's general Terms of Service and BFG’s Privacy Policy, or BFG's enforcement or application thereof, (iii) your ability to access and/or use the BFG website, any content on the BFG website, or any software used to download or access the BFG website or any such content, or (iv) the amount or type of any fees, applicable taxes or billing methods relating to your Program membership, or any change to such fees, applicable taxes, or billing methods.

MODIFICATION OF TERMS OR PROGRAM

From time to time, we may choose to modify these Terms or the Program, including, without limitation, the price, content or nature of these Terms or the Program generally, upon notice to you. In the event BFG elects to do so, you may cancel your membership in accordance with Section 2 of these Terms. If any change to these Terms is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity or the enforceability of any other change to these Terms. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

TERMINATION BY US

We may terminate your Program membership at our discretion without notice, including, without limitation, if you violate any provision contained in these Terms. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

PARTICIPATION AND USE RESTRICTIONS

You agree that your participation in the Program is subject to the following restrictions: (a) you may not permit other individuals or entities to access or participate in the Program using your account information, including, without limitation, your username and password, (b) you may not license or otherwise transfer your Program membership to any third party, and (c) you may not remove or modify any proprietary notices contained in or relating to, or copy, modify, translate, distribute or create derivative works of, any of the games featured in the Program. Your participation in the Program is solely for your personal, non-commercial use. You may not use or participate in the Program for any commercial purpose. You may not attempt through any means to circumvent technological measures employed to control access to or the rights contained in any Program content file.

You are responsible for maintaining the confidentiality of your password and account information, and agree to notify BFG immediately of any unauthorized account use. BFG is in no way responsible for any loss that you may incur as a result of any unauthorized use of your password and account information.

In addition to any other rights and remedies available to BFG and its content suppliers, BFG may immediately terminate your Program membership if you fail to comply with any of the terms and conditions contained in this Section 5 (Participation and Use Restrictions).

E-MAIL NOTIFICATION

From time to time, we may want to let you know about new Program features and content that will enhance your participation in the Program. You agree that as a Program member, BFG may send such emails to you at the email address you provided to us. In addition, you agree that, even if you have opted out of receiving other communications from BFG, we may send you these the Program update emails if, in our sole discretion, we determine that such communications are essential to the Program generally, or to your continued participation in the Program.