Last modified: December 1, 2023
You must be at least eighteen (18) years of age (or the age of majority where you live) to access or use Big Fish Offerings involving social casino-style game play (“Restricted Offerings”), including creating a Big Fish Account for one or more Restricted Offerings. Restricted Offerings are intended for amusement purposes only.
You may not create a Big Fish Account or use any other Big Fish Offerings if: (a) you cannot enter into a binding contract with Big Fish, (b) you do not meet the age requirements set forth above, (c) you are located in, or a resident of, a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country (“Embargoed Jurisdiction”), (d) you are subject to any sanctions administered by an agency of the U.S. government or the United Nations, (e) you are listed on any United States government list of prohibited or restricted parties, or (f) you have previously been banned from playing any Big Fish game or using any Big Fish Offering, unless Big Fish has reversed that ban, in its sole discretion.
If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for information on how this Section applies to you.
a. Technical requirements. Big Fish Offerings may require you to have certain minimum technical requirement/s, as provided and detailed for the respective Big Fish Offering. While using and accessing the Big Fish Offering, you acknowledge that you read and understand the minimum technical requirements applicable to receive the Big Fish Offering.
c. Visitors and Guests. If you are a visitor, you may be able to view and use certain features of the Big Fish Offerings that are available without registration. You do not need to register with Big Fish to simply visit and view websites, the public information on the Big Fish Offerings, or to download certain applications. You may also have the option to play certain Big Fish Offerings as a guest, if available.
e. Registration Data. In registering for the Big Fish Offering(s), you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Big Fish Offering's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. To the fullest extent permitted by law, you are responsible for all activities that occur under your Big Fish Account. You may not share your Big Fish Account or password with anyone, and you agree to (a) notify Big Fish immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Big Fish Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Big Fish has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Big Fish has the right to suspend or terminate your Big Fish Account and refuse any and all current or future use of the Big Fish Offering(s) (or any portion thereof). To the fullest extent permitted by law, Big Fish reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.
f. Network Access. When you access the Big Fish Offering(s) through a mobile network, your network or roaming provider's messaging, data, and other rates and fees will apply. You are required to pay any fees to connect to a mobile network, the Internet, and for data or cellular usage to download and use the Big Fish Offerings. Downloading, installing, or using certain services may be prohibited or restricted by your network provider and not all features of the Big Fish Offering(s) may work with your network provider or device.
g. Mobile Device Usage. You may choose to use the Big Fish Offerings on a mobile device. If you do, you may need an account with Big Fish that provides your mobile application marketplace provider identifier, like an Apple ID. You may need to update mobile device software from time to time to receive the Big Fish Offerings. We provide Big Fish Offerings, and you are required to provide the equipment (computer, phone, tablet, etc.) and pay any fees related to your use of the Big Fish Offerings on a mobile device, which may include app stores.
When you access a Big Fish Offering, send e-mails to, or electronically chat with Big Fish, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Big Fish Offerings. You agree that all agreements, notices, disclosures, and other communications that Big Fish provides to you electronically satisfy any legal requirement that such communications be in writing.
Certain Big Fish Offerings may provide you with the opportunity for us to license to you a variety of virtual items such as virtual currency, virtual goods, and content packs ("Virtual Items") that can be used while using the Big Fish Offering. You may be required to pay a fee to obtain Virtual Items (“Paid Virtual Items”). When you use Virtual Items within a Big Fish Offering, any Paid Virtual Items that you have purchased will be deemed used before any Virtual Items that you have earned.
You have no property interest in any Virtual Items. Virtual Items obtained through Big Fish Offerings are provided to you under a limited, nontransferable, revocable, non-sublicensable license to use those Virtual Items within the applicable Big Fish Offering. Virtual Items may not be transferred or resold, including, without limitation, by means of any direct sale or auction service. You may not, and may not attempt to, purchase, sell, trade, or sublicense Virtual Items from any individual or entity via cash, barter, or any other transaction. Virtual Items have no monetary value and cannot be used to purchase or use products or services other than within the applicable Big Fish Offering and then only to the extent offered within such applicable Big Fish Offering. Virtual Items cannot, except as stated in the Global Addendum if appliable to you, be refunded or exchanged for cash or any other tangible value.
Big Fish may manage, regulate, control, modify or eliminate your Virtual Items in our sole discretion and without limitation or restriction, and Big Fish will have no liability to you or anyone or any entity for exercising those rights. In addition, all Virtual Items are unconditionally forfeited if your Big Fish Account is deleted, terminated, cancelled, or suspended for any reason, whether by you or Big Fish. If Big Fish discontinues any Big Fish Offering or any portion or feature of any Big Fish Offering, you also unconditionally forfeit any Virtual Items connected to the discontinued Big Fish Offering.
If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for legal guarantees and refund rights applicable to your Virtual Items.
Our Big Fish Offerings may allow you and other users to create, post, store, and/or share content, including usernames, messages, text, photos, videos, software, and other materials (collectively, “User Content”). Except for the license you grant below, as between you and Big Fish, you retain all rights in and to your User Content, except for any text, graphics, images, photographs, videos, illustrations, or other content contain in or derived from the Big Fish Offerings included in your User Content.
You grant Big Fish and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content, including any name, likeness, voice, biography, or signature provided by you in connection with your User Content, in all media formats and channels now known or later developed without compensation to you. Depending on your account settings and which Big Fish Offering you are interacting with, when you post or otherwise share User Content on or through a Big Fish Offering, your User Content and any associated information (such as your username, city and state location, skill level, favorite game and favorite genres) may be visible to others. If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for information on the license you grant Big Fish to your User Content.
Big Fish does not endorse or approve any User Content that you or other users post or communicate on or through any Big Fish Offerings. Big Fish does not assume any responsibility or liability for any content that is generated, posted, or communicated by any user on or through the Big Fish Offerings.
● Is threatening, inciteful, deceptive, inappropriate, obscene, defamatory, crude, illegal, immoral or offensive;
● Contains a virus, corrupted data, malware, spyware, adware, or any other malicious, invasive harmful, disruptive, or destructive code or program;
● Is for a purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam";
● Contains any private or personal information of a third party without that third party’s consent; or
● Acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
Additionally, you may not:
● Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
● Discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
● Impersonate another person, including by indicating that you are a Big Fish employee or a representative of Big Fish (if you are not);
● Attempt to obtain a password, other account information, or other private information from any other user of a Big Fish Offering, or a User on a Third-Party Platform;
● Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects or disrupts other users;
● Use features of the Big Fish Offerings or Third-Party Platforms to access a Big Fish Offering for anything other than their intended purpose;
● Make use of any payment methods or refund systems to access, purchase or refund Big Fish Offerings for fraudulent purposes, or without permission of the authorized owner, or otherwise concerning a criminal offense or other unlawful activity;
● Improperly use any Big Fish Offering game support functions or complaint buttons, such as by making false complaints or other reports to Big Fish representatives;
● Use or launch any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Big Fish Offering, or any other unauthorized script or software that interacts with a Big Fish Offering;
● Modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, or create derivative works from any part of the Big Fish Offerings, including any Big Fish Offering(s) available on or through Third-Party Platforms, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
● Use a false e-mail address or otherwise disguise the source of any content that you submit within a Big Fish Offering or Third-Party Platform, such as by anonymizing your internet protocol address;
● Create a "username" or a "persona" in a Big Fish Offering or Third-Party Platform that uses your real name, that uses a username or persona that is already used by someone else or that includes materials Big Fish determines are vulgar or offensive or violates someone else's rights;
● Interfere with or circumvent any Big Fish Offering security feature or any other feature that is intended to restrict or enforce limitations on use of or access to a Big Fish Offering, or any part thereof, including any Big Fish Offering available on or through any Third-Party Platforms;
● Sell, lease, loan, or rent any part of a Big Fish Offering, including, without limitation, any Virtual Items, Big Fish Accounts and access to them, including any Big Fish Offering available on or through any Third-Party Platforms; or
● Engage in cheating, including, but not limited to, by using bots, hacks, add-ons, malware, scripts, or mods not expressly authorized by Big Fish.
Content standards may vary depending on where you are within a Big Fish Offering and the expectations of the relevant game community. You must always use good, respectful, and conservative judgment in interacting as part of any game play, and submitting any User Content, such as a review or post to any forums or message boards, within a Big Fish Offering.
If you violate this Section 8, Big Fish may take enforcement actions, including, without limitation, terminating, or suspending your Big Fish Account in accordance with Section 14. Enforcement of this Section 8 is solely at Big Fish’s discretion, and failure to enforce this Section 8 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 8 does not create any private right of action on the part of any third party or any reasonable expectation that the Big Fish Offerings will not contain any content that is prohibited by such rules.
You may use the Big Fish Offerings for your own individual, personal, noncommercial use only. This means you may not use any portion of the Big Fish Offerings to collect information, including login names, about other users, and use of such information to send unsolicited communications, or for any other purpose, is strictly prohibited. You may not advertise any goods or services on any Big Fish Offerings, or otherwise exploit your participation on or through any Big Fish Offerings for any commercial purpose.
Please be aware that Big Fish does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, games, game ideas, game names, or other potential creative content. This is to avoid the possibility of future misunderstanding when projects developed by Big Fish staff, studios, or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. So please do not send Big Fish any unsolicited submissions. If you do send Big Fish, our staff, studio(s), or representative(s) an unsolicited submission, you understand and agree that your unsolicited submission does not create any fiduciary relationship between you and Big Fish, and that Big Fish is under no obligation to refrain from using the unsolicited submission (in whole or in part), to keep it confidential, or to compensate you if Big Fish or any of its affiliates make any use of it.
The license granted to you to use Big Fish Software is limited to only permitting you to install and use the Big Fish Software on computers, tablets and mobile devices owned or controlled by you and solely to allow you to participate in the Big Fish Offerings.
If you believe that anything within a Big Fish Offering infringes any of your intellectual property rights, including copyright that you own or control, you may notify Big Fish at:
Designated Agent Legal Department
Address: 906 Alaskan Way, Suite 700
Seattle, Washington 98104
Telephone Number: 206-213-5753
Email Address: firstname.lastname@example.org
To report other prohibited content or conduct within a Big Fish Offering, please contact Customer Support (https://bigfishgames.zendesk.com/hc/en-us/).
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you are submitting a notice under the DMCA, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on Big Fish Offerings is infringing, you may be liable to Big Fish for certain costs and damages.
Any and all software, content, and services (including advertising) within a Big Fish Offering that are not owned by Big Fish are "third-party content and services." Big Fish acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third-party content and services.
In addition, and without limiting the generality of the foregoing, certain Big Fish Offerings may include links to sites, such as social networking sites or payment sites, operated by third parties, including, without limitation, advertisers, payment providers and other content providers (“Other Sites”). We are not responsible for any Other Sites, and such a link does not mean we endorse or approve the Other Site or any information you obtain from it. To the extent permitted by law, we are not liable for any claim relating to any content, goods, and/or services offered by or obtained from any Other Sites.
Those Other Sites may collect data or solicit personal information from you. Big Fish does not control such Other Sites, and you agree that Big Fish is not responsible for the content, business practices or policies of Other Sites or third-party content and services, or for the collection, use, sharing, or disclosure of any information those Other Sites may collect. Any and all use of any Other Sites is at your sole risk, cost, and responsibility.
Big Fish and you each have the right to terminate any of your Big Fish Account(s), if applicable, at any time for any reason or no reason. Big Fish reserves the right to collect fees, surcharges or costs incurred before termination of your Big Fish Account(s) or a particular subscription. In the event that your Big Fish Account is terminated, unless otherwise agreed by Big Fish in writing, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Big Fish Account(s) or anything associated with it (such as points, tokens or Virtual Items). If your Big Fish Account is terminated, you will need to cancel any subscriptions you enrolled in with App Providers (as explained in Section 23). Big Fish cannot cancel such subscriptions on your behalf. Any delinquent or unpaid Big Fish Accounts must be settled before Big Fish may allow you to create any new or additional Big Fish Accounts. All Virtual Items are unconditionally forfeited if your Big Fish Account is terminated for any reason, including terminations in Big Fish's sole discretion.
Deleting your Account: You may stop using the Big Fish Offerings and voluntarily delete or request we delete your Big Fish Account at any time. You may delete your Big Fish Account using the settings within the Big Fish Offering or submit an online Customer Support (https://bigfishgames.zendesk.com/hc/en-us/) message to request deletion of your Account. Unless applicable law requires otherwise, Big Fish is not required to provide refunds, benefits, or other compensation if you request deletion of your Account.
If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for information on how this Section applies to you.
Big Fish Games, Inc. and the names and logos, product or service names, slogans and the look and feel of the Big Fish Offerings are protected by copyright, trademark, trade dress and other intellectual property rights owned by Big Fish. These elements may not be copied, imitated, reverse engineered, or used, in whole or in part, without the prior written permission of Big Fish. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Big Fish Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Big Fish. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation by us.
If you choose to provide to Big Fish any ideas, suggestions, or other feedback regarding any Big Fish Offerings, or any proposed software or offerings (collectively “Feedback”), you hereby grant Big Fish a perpetual, irrevocable, non-exclusive, worldwide, fully sublicensable, royalty-free, fully paid, right and license to use and exploit (including, without limitation, commercially exploit) in any manner, means, language and/or media, whether now known or hereafter devised such Feedback without restriction, including in connection with any Big Fish Offerings, or other products or services of Big Fish. You understand that Big Fish may treat Feedback as nonconfidential.
YOU AGREE THAT THE USE OF ANY BIG FISH OFFERING, BIG FISH SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL BIG FISH OFFERINGS AND BIG FISH SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIG FISH DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE BIG FISH OFFERINGS OR BIG FISH SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE BIG FISH OFFERINGS, BIG FISH SOFTWARE, NEWSLETTERS, E-MAILS, OR OTHER COMMUNICATIONS SENT FROM BIG FISH ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIG FISH AND OUR SUBSIDIARIES AND AFFILIATES AND EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (INDIVIDUALLY AND COLLECTIVELY, THE “BIG FISH PARTIES”) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF BIG FISH OR THE OTHER BIG FISH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE BIG FISH PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BIG FISH IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF BIG FISH OR THE OTHER BIG FISH PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SUCH LIABILITY SHALL INSTEAD BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
IF YOU ARE A RESIDENT OF NEW ZEALAND OR AUSTRALIA, THIS SECTION 18 DOES NOT EXCLUDE, RESTRICT, OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED, OR MODIFIED INCLUDING THOSE CONFERRED BY THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 AND THE AUSTRALIAN CONSUMER LAW (COMPETITION AND CONSUMER ACT 2010). UNDER THESE ACTS ARE GUARANTEES WHICH INCLUDE THAT GOODS AND SERVICES ARE OF ACCEPTABLE QUALITY. IF THESE GUARANTEES ARE NOT MET, THERE ARE ENTITLEMENTS TO HAVE THE SOFTWARE REMEDIED (WHICH MAY INCLUDE REPAIR, REPLACEMENT, OR REFUND). IF A REMEDY CANNOT BE PROVIDED OR THE FAILURE IS OF A SUBSTANTIAL CHARACTER, THE ACTS PROVIDE FOR A REFUND.
If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the limitations of liability that apply to you.
If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you.
When you buy physical goods (e.g. disc) through any Big Fish Offering for delivery outside the United States, you are considered an importer and, as between you and Big Fish, you will be responsible for payment of all taxes, duties, fees, or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Note that cross-border deliveries are subject to opening and inspection by customs authorities.
Big Fish reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order was submitted and accepted) in any order, price, advertisement, promotion, or giveaway.
If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the correction terms that apply to you.
Access to the Big Fish Offerings, or to certain features of the Big Fish Offerings, may require you to pay fees. Big Fish may give you different payment options. We reserve the right to change our payment options at any time and for any reason.
Before you become obligated to pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Except as stated in the Global Addendum, all fees are non-refundable, to the fullest extent permitted under applicable law. Big Fish may change any or all of its fees (or impose new fees) upon notification to you of such changed or new fees. Such notification will be made reasonably in advance, and you may terminate any subscriptions or other Big Fish Offerings subject to the price change if you do not agree with the change; however, and to the extent not prohibited under applicable law, you will be deemed to have accepted the changes and such changed or new fees will be applicable after the end of the notice period if you have not terminated the subscription or other Big Fish Offerings subject to the price change.
In the event it becomes necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds, when issued directly by Big Fish, will typically be made to the same method of payment and account used to place the order. Depending on where you reside and when your purchase was made, any taxes you paid on an order may not be included in a credit or refund issued directly by Big Fish that you receive for the order. If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for refund terms applicable to you.
For transactions made via a distribution platform like the Apple App Store or Google Play (each an “App Provider”), the App Provider’s refund policy will apply. Customers who completed a transaction through an App Provider will need to contact the App Provider directly with any refund requests. Please see the following support pages for more information:
The Big Fish Offerings may include functionality for activating, updating, or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Big Fish Offerings, you authorize Big Fish to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Big Fish Offerings to update or cancel any existing authorized one-time or recurring payment, it may take several business days for the update or cancellation to take effect.
Certain Big Fish Offerings may be subject to United States and international export controls. You will not export any Big Fish Offerings to any person or place to which the United States, European Union, United Kingdom, Switzerland, Australia, or New Zealand has embargoed goods of the nature of Big Fish Offerings. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Big Fish Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
PLEASE READ THIS SECTION 26 CAREFULLY, BECAUSE IT REQUIRES ARBITRATION OF CERTAIN DISPUTES WITH BIG FISH AND IT LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. THIS SECTION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS AGAINST BIG FISH, INCLUDING ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). ALL ARBITRATIONS (AND LITIGATION, WHERE ALLOWED) SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION.
Most of your concerns can be resolved quickly and satisfactorily by contacting Big Fish customer support through links available in your Big Fish Account, within the app (where available), or at https://bigfishgames.zendesk.com/hc/en-us/p/help_center. We encourage you to try Big Fish customer support before beginning any formal dispute procedures, but you are not required to.
If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the dispute resolution terms that apply to you.
27. APPLICABLE LAW, JURISDICTION, AND VENUE
If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the dispute resolution terms that apply to you.
28. CALIFORNIA NOTICE
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
The following special provisions apply if you live in a country located in the European Economic Area, Switzerland, or United Kingdom.
1. ADDITIONAL TERMS AND AMENDMENTS
2. USER CONTENT
3. TERMINATION OF ANY BIG FISH ACCOUNT
4. LEGAL GUARANTEES (SWITZERLAND AND UNITED KINGDOM ONLY)
5. LEGAL GUARANTEES (EEA ONLY)
If you live in the European Economic Area, this Section applies to you. Consumer laws where you live provide that Big Fish is liable to you for supplying digital content and services that comply with any contract you have with Big Fish and with the objective and subjective criteria set out by the law. Under these consumer laws, Big Fish is liable for any lack of conformity that you discover:
· Within two years for digital goods that Big Fish supplies to you on a one-off basis;
· At any time for digital content or services that Big Fish supplies to you on a continuous basis; or
· During any longer guarantee period provided by the laws of the country where you live.
6. MODIFICATIONS TO THE BIG FISH SERVICES (EEA ONLY)
If you live in the European Economic Area, this Section applies to you. Big Fish may modify and adapt Big Fish Offerings and functionality beyond what is necessary to maintain the contractual conformity of the Big Fish Offerings (a “Modification”), for reasons such as (a) to implement changed legal requirements or case law, (b) to implement changed technical requirements such as a new technical environment or for other operational reasons, in particular to make necessary enhancements for the safety of users or other third parties, (c) to adapt to changed market conditions such as increased user numbers or significant changes of specific and verifiable open market costs, (d) due to changes in licenses we hold from third parties or other third party compliance requirements, and (e) for your benefit or to your advantage.
If such a Modification negatively impacts your access to or use of a Big Fish Offering and such negative impact is more than minor, ("Negative Modification"), Big Fish will provide you with reasonable advance notice of the Negative Modification ("Modification Notice"), except in urgent situations such as a modification to prevent abuse, to respond to legal requirements, or to address security or operability issues. The Modification Notice will include information on what the modification is, when the modification will take place, and your right to end your contract with us.
7. LIMITATIONS OF LIABILITY
Insofar as the liability of Big Fish is limited or excluded, the limitations or exclusions shall also apply to the personal liability of any and all Big Fish employees, legal representatives, and vicarious agents.
The limitations and exclusions of liability according to this Section do not affect the liability of Big Fish according to the mandatory legal provisions of product liability acts in the countries where users are located. For users located in Germany, this includes liability due to the fraudulent concealment of a defect as well as the assumption of a guarantee for the quality of an item under the Product Liability Act.
Big Fish exercises reasonable care to ensure that the price it lists for Big Fish Offerings are correct. However, errors may occur. If we accept and process an order for a Big Fish Offering where a pricing error was obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract and refund you any sums you have paid.
9. DISPUTE RESOLUTION
The European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/. We prefer to solve your requests directly with you and therefore, unless otherwise agreed to by Big Fish in writing, we do not participate in alternative consumer dispute resolution proceedings. If you would like to bring a matter to our attention, please contact us.
10. RIGHT OF WITHDRAWAL
Withdrawal procedure: To exercise the right of withdrawal, you must inform Big Fish of the decision to withdraw by providing written notice to Customer Service (https://bigfishgames.zendesk.com/hc/en-us/requests/new) of your desire to withdrawal. The following sample withdrawal form can (but does not have to) be used:
To [game name] Customer Service:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of customer(s),
Customer ID and/or email associated with account
Address of customer(s)
Signature of customer(s) (only if this form is notified on paper),
[*] Delete as appropriate
Effects of withdrawal: If you withdraw from a transaction made directly with Big Fish, we will reimburse you for all payments we have received from you within fourteen (14) days after receiving your withdrawal notice. Reimbursements may be limited, however, if you have lost your right to complete withdrawal from a contract (as explained below). For this reimbursement, we will typically use the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise with you.
Losing your withdrawal right: You will lose your withdrawal right under the following circumstances:
· When the contract is for a Big Fish Offering that is digital content, such as a game or software, not supplied on a tangible medium and you expressly agree to have Big Fish supply the digital content to you before the end of the withdrawal period. In such cases you lose your right of withdrawal and will not be entitled to any reimbursements.
· When the contract is for a Big Fish Offering that is a digital service and you expressly agree to have Big Fish supply the digital content to you before the end of the withdrawal period. In such cases you may only exercise your withdrawal right with regard to any part of the services not yet performed, meaning that the refund you receive after withdrawing will be prorated based on the proportion of the services already provided by the time you notify us of your decision to withdraw.