Big Fish Game Club Terms of Service
Last modified: September 8, 2011
Welcome to the Terms of Service (the "Terms") for Big Fish Game Club (the "Program"). Among other items, these Terms describe in more detail the following highlights of the Program:
- One fixed price per month until you cancel
- Includes one (1) new game, Program discounts, and other benefits
- No ongoing commitment required, cancel online at any time
Please read these Terms carefully.
1. SCOPE OF TERMS
These Terms define our respective rights and obligations with respect to your participation in the Program on the Big Fish Games website located at www.bigfishgames.com (the "Big Fish Games Website").
IF YOU ARE NOT CONSIDERED TO BE A RESIDENT OF THE EUROPEAN UNION ON THE BASIS OF THE INFORMATION THAT YOU PROVIDE TO US, THESE TERMS ARE ENTERED INTO BETWEEN YOU AND BIG FISH GAMES, INC., A WASHINGTON USA COMPANY.
IF YOU ARE CONSIDERED TO BE A RESIDENT OF THE EUROPEAN UNION ON THE BASIS OF THE INFORMATION THAT YOU PROVIDE TO US, THESE TERMS ARE ENTERED INTO BETWEEN YOU AND BIG FISH GAMES LUXEMBOURG S.A.R.L (REGISTRATION NO. B 163052), WHICH HAS ITS REGISTERED OFFICE AT 46a, AVENUE J.F. KENNEDY, L-1855, LUXEMBOURG CITY, GRAND-DUCHY OF LUXEMBOURG.
THE TERM "BIG FISH GAMES" MEANS EITHER BIG FISH GAMES LUXEMBOURG S.A.R.L. OR BIG FISH GAMES, INC., DEPENDING ON YOUR COUNTRY OF RESIDENCE AS DESCRIBED ABOVE.
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 BIG FISH GAMES' SOFTWARE WILL BE GOVERNED BY THE BIG FISH GAMES, INC. END USER LICENSE AGREEMENT ("EULA") ACCOMPANYING THE BIG FISH GAMES SOFTWARE. THESE TERMS SHALL SUPPLEMENT THE TERMS AND CONDITIONS OF THE EULA.
2. MEMBERSHIP BENEFITS AND PAYMENT
Your monthly membership fee (the "Membership Fee") will entitle you to receive the following membership benefits (collectively, the "Membership Benefits"): premium customer support from Big Fish Games, early access to games not otherwise available to customers, access to discounted games and other exclusive offers, special rewards and gifts based upon your status as a Program member, and one game credit ("Game Credit") per month. You may use one (1) Game Credit for any full standard version game, and two (2) Game Credits for any Collector’s Edition game, in each case on the Big Fish Games Website. You may also purchase as many additional Game Credits ("Additional Credits") as you'd like at the same price.
Purchases of Game Credits or Additional Credits are purchases of a limited, non-transferable, revocable license to access games on the Big Fish Games Website. Subject to the provisions contained in Section 3 of these Terms, such license will terminate upon any cancellation or termination of your membership. You have no property interest in any Game Credits or Additional Credits, or in your Program membership. Game Credits, including any Additional Credits you purchase, may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Game Credits, including any Additional Credits you purchase, have no monetary value, are non-refundable and cannot be used to purchase or use products or services other than games on the Big Fish Games Website or gift certificates to purchase such games.
You agree to pay Big Fish Games the Membership Fee each month by using a valid credit or debit card, or other payment method we may accept from time to time. Payments are billed in advance on a recurring monthly basis based upon the date when your Program membership commences. For example, if your Program membership commences on January 1, your Membership Fee will be billed on the first (1st) day of every succeeding month. If you cancel your Program membership and reactivate your membership again within any thirty (30) day period, your recurring billing date will revert back to your original enrollment date. For example, if your Program membership commences on January 1, you cancel your membership on January 15, and you reactivate your membership on January 30, your Membership Fee will be billed on the first (1st) day of every succeeding month (i.e., February 1 and the first (1st) day of each month thereafter).
All payments are non-refundable. Taxes may apply on the Membership Fees. You agree to provide Big Fish Games 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 BIG FISH GAMES 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 UNTIL YOU CANCEL YOUR PROGRAM MEMBERSHIP.
You are legally responsible for any fees, including attorneys' and collection fees, that Big Fish Games may incur in its efforts to collect any remaining balances owed by you. You agree to notify Big Fish Games 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 Big Fish Games' attention within such time, you agree that you waive your right to dispute such billing problems or discrepancies.
3. CANCELLATION OR TERMINATION OF MEMBERSHIP
You may cancel your Program membership online at any time. However, if you do so, Big Fish Games will not refund any Membership Fees that have been validly charged, debited or otherwise billed to your account as of the date of such termination.
We may also 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.
If your Program membership is canceled by you, your Membership Benefits will terminate at the end of your then-current billing period. If your Program membership is terminated by us, your Membership Benefits will terminate immediately, subject to the provisions contained in this Section 3. Upon any cancellation or termination of your Program membership, you will have one hundred and eighty (180) calendar days from the effective date of such cancellation or termination to redeem any Game Credits, including any Additional Credits you have purchased. If we cancel your Program membership because of a failed payment method, the one hundred and eighty (180) calendar days begin on the first date we are unable to bill the account for the monthly membership fee. Any Game Credits, including any Additional Credits, which remain unused as of such time will be unconditionally forfeited and cancelled, and any license rights attendant to such Game Credits or Additional Credits will immediately terminate.
4. MODIFICATION OF TERMS OR PROGRAM
From time to time, Big Fish Games may choose to modify the Program or these Terms, including, without limitation, the price, content or nature of the Program or the information contained in these Terms, upon notice to you. In the event Big Fish Games elects to do so, you may cancel your membership in accordance with Section 3 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 IN ACCORDANCE WITH THESE TERMS.
5. 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 Big Fish Games immediately of any unauthorized account use. Big Fish Games 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 Big Fish Games and its content suppliers, Big Fish Games may immediately terminate your Program membership if you fail to comply with any of the terms and conditions contained in this Section.
6. 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, Big Fish Games may send such e-mails to you at the e-mail address you provided to us. At any time, you may opt-out of receiving these e-mails by selecting the "unsubscribe" link at the bottom of such e-mails.
In addition, you agree that, even if you choose to opt out of receiving these or other communications from Big Fish Games, we may send you these Program update e-mails if, in our sole discretion, we determine that such communications are essential to the Program generally, or to your continued participation in the Program.
Big Fish Games, Inc.
Attn: Legal Department
333 Elliott Avenue West, Suite 200
Seattle, Washington 98119 USA
Big Fish Games Luxembourg S.à.r.l.
46a, Avenue J.F. Kennedy, L-1855
Grand-Duchy of Luxembourg