Terms of Use | Big Fish Games Living Legends Remastered Twin Mind Strange Investigations Jewel Match Solitaire New Yankee Vacation Adventures EverMerge I LOVE Finding Critters Vacation Paradise Islandville Paranormal Files Mystery Case Files Big Fish Casino Gummy Drop! Cooking Craze Fairway Solitaire Jackpot Magic Slots Midnight Castle Genres Hidden Object Time Management Match 3 Casino Adventure Puzzle Family Arcade & Action Card & Board Strategy Mahjong Brain Teaser Marble Popper Word Ways to Play PC Games Mac Games iPad & iPhone Games Android Games Online Games Careers Support Account Deutsch | Français Big Fish Terms of Use Last modified: August 2, 2022 These Big Fish Terms of Use, as amended from time to time (“Terms of Use”), are a legal agreement between you and Big Fish Games, Inc. and any of its respective successors or assigns (“Big Fish”, “we” or “us”). These Terms of Use apply to your access to and use of the websites, games, software and other products and services (collectively, the “Big Fish Offerings”) provided by Big Fish. The Big Fish Offerings include, without limitation, bigfishgames.com, any other sites on which these Terms of Use are posted, and the Big Fish Software (as defined herein). By clicking a button or tab that signals your acceptance of these Terms of Use or otherwise accessing or using the Big Fish Offerings, you agree to be bound by these Terms of Use and all terms incorporated herein by reference. If you do not agree to be bound by these Terms of Use, then you may not use or access the Big Fish Offerings. Please read these Terms of Use carefully, including the mandatory arbitration provision and class action waiver in Section 26. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided in Section 26. If you have any questions about these Terms of Use or our Big Fish Offerings, please contact us at [email protected]. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy. 1. ELIGIBILITY You must be at least thirteen (13) years of age, or sixteen (16) years of age if you are located in the European Union, to create a Big Fish Account (as defined below) or to access or use most Big Fish Offerings. You must be at least eighteen (18) years of age to access or use Big Fish Offerings involving social casino-style game play (“Restricted Offerings,” which include but are not limited to the video games Big Fish Casino and Jackpot Magic Slots). If you are younger than eighteen (18) (or the age of legal majority where you live): (1) you may not access or use Restricted Offerings, and (2) you may use the Big Fish Offerings (other than Restricted Offerings) only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian of a user under the age of eighteen (18), you agree to be fully responsible for the acts or omissions of such user in relation to any Big Fish Offering. 2. ADDITIONAL TERMS AND AMENDMENTS Each of your Big Fish Offering account(s) (each, a "Big Fish Account") and participation in any Big Fish Offerings are governed by these Terms of Use and any applicable additional guidelines, terms or rules that Big Fish makes available to you or otherwise gives you notice of (the “Supplemental Terms”). The Supplemental Terms are incorporated into these Terms of Use by reference. If there is a conflict between these Terms of Use and any Supplemental Terms, the Supplemental Terms will control for that specific instance of conflict. Supplemental Terms that apply to your use of the Big Fish Offering include: 1. Big Fish Points Program Terms of Use 2. Big Fish Game Club Terms of Use The Big Fish Offerings are always evolving, so it is important that you periodically check these Terms of Use as well as the Supplemental Terms for updates. Big Fish reserves the right to change or modify the Terms of Use and the Supplemental Terms at any time and in our sole discretion. If Big Fish makes changes to these Terms of Use or the Supplemental Terms, we will use commercially reasonable efforts to notify you of such changes, such as (by way of example only) by providing notice through the Big Fish Offerings or updating the "Last Modified" date at the top of these Terms of Use. If we revise these Terms of Use or the Supplemental Terms, such revision(s) will take effect immediately upon posting of such notice. Your continued access or use of any Big Fish Offering after such posting constitutes your acceptance of the revised Terms of Use or Supplemental Terms. If you do not agree to any revision we make to these Terms of Use or the Supplemental Terms, you must immediately discontinue using and participating in all Big Fish Offerings. 3. ACCOUNT REGISTRATION You may need to create a Big Fish Account in order to access some Big Fish Offerings. If you create a Big Fish Account, you must provide truthful and accurate information to us in creating such account and promptly update this information if it changes. Big Fish reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion. You are solely responsible for all activity on your Big Fish Accounts and for the security of your Big Fish Accounts and computer system. You must not reveal your username or password to any other person and must promptly notify us if you discover or suspect that someone else has accessed your Big Fish Accounts. If you forget your password, you can request to have a new password sent to your registered e-mail address. 4. ELECTRONIC COMMUNICATIONS When you access a Big Fish Offering, send e-mails 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. 5. OWNERSHIP; LIMITED LICENSE The Big Fish Offerings, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Big Fish or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms of Use, all rights in and to the Big Fish Offerings are reserved by us or our licensors. Subject to your compliance with these Terms of Use, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Big Fish Offerings for your own personal, noncommercial use. Any use of the Big Fish Offerings other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. 6. VIRTUAL ITEMS Certain Big Fish Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods and content packs ("Virtual Items") that can be used while playing the Big Fish Offering. You may be required to pay a fee to obtain Virtual Items. When you use Virtual Items within a Big Fish Offering, any Virtual Items that you have purchased will be deemed used before any Virtual Items that you have earned. VIRTUAL ITEMS, LICENSED TO YOU IN ACCORDANCE WITH THESE TERMS OF USE, AND ARE NOT PREPAID PAYMENT INSTRUMENTS OR OTHERWISE ITEMS OF MONETARY VALUE. You have no property interest in any Virtual Items. Virtual Items obtained through a Big Fish Offerings is provided to you under a limited, non-transferable, revocable, non-sublicensable license to use those Virtual Items within the applicable Big Fish Offering. Virtual Items may not be transferred or resold for commercial gain or in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold 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 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 Offering account is terminated or suspended for any reason, including terminations or suspensions in Big Fish's sole discretion. If Big Fish discontinues any Big Fish Offering or any portion or feature of any Big Fish Offering, you also unconditionally forfeited any Virtual Items connected to the discontinued Big Fish Offering. Big Fish has no liability for hacking or loss of your Virtual Items. Big Fish has no obligation to, and will not, reimburse you for any Virtual Items lost due to your violation of these Terms of Use, disruption, interruption or discontinuance of the Big Fish Offering or service downtimes related to the same. Big Fish reserves the right, without prior notification, to limit the order quantity on any Virtual Items and/or to refuse to provide you with any Virtual Items. Price and availability of Virtual Items are subject to change without notice. 7. REVIEWS, COMMUNICATIONS AND SUBMISSIONS Our Big Fish Offerings may allow you and other users to create, post, store and 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, excluding any portion of 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 and any name, likeness, voice, biography, or signature provided 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 city and state location, skill level, favorite game and favorite genres) may be visible to others. You may not create, post, store or share any User Content that violates these Terms of Use, that does not comply with our Forum FAQ and Review Guidelines, or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of your User Content as permitted by these Terms of Use, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may (a) monitor any communications within the Big Fish Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed and (b) block, edit, delete or remove any User Content at any time and for any reason with or without notice. 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. 8. PROHIBITED CONTENT AND CONDUCT You’re solely responsible for your conduct while using the Big Fish Offerings. You may not use the Big Fish Offerings if you engage in, encourage, or promote any prohibited conduct. On a high level, that means you must not violate any applicable laws, contracts, intellectual property rights, or other third-party rights or commit a tort. Without limiting the generality of the policies and standards in these Terms of Use (including, without limitation, our Forum FAQ and Review Guidelines) this means you may not post, transmit, promote, or distribute any User Content that: Is inappropriate, obscene, defamatory, offensive, crude, illegal, immoral or possibly offensive; Contain 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; 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; Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects or disrupts other users; Improperly using any 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, 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, such as by anonymizing your internet protocol address; 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; 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; or Engage in cheating or any other activity that Big Fish deems to be in conflict with the spirit of a Big Fish Offering. Content standards may vary depending on where you are within a Big Fish Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. 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. Enforcement of this Section 8 is solely at Big Fish’s discretion, and failure to enforce this section 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. 9. COMMERCIAL ACTIVITY AND UNSOLICITED E-MAIL As stated in Section 5, you may only use the Big Fish Offerings for your own personal, noncommercial use. 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 e-mail 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. 10. BIG FISH SOFTWARE To access some Big Fish Offerings, you may need to download certain software from Big Fish, its principals or its licensors onto your computer or mobile device (such software and any associated media or documentation, "Big Fish Software"). The Big Fish Software is part of the Big Fish Offerings. Accordingly, your access to and use of Big Fish Software is subject to these Terms of Use. 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 or mobile devices owned or controlled by you and solely to allow you to participate in the Big Fish Offerings. You may also be required to agree to a separate end-user license agreement with Big Fish or its affiliates when you download or install Big Fish Software. In the event of a conflict between an end user license agreement you agreed to in connection with Big Fish Software and the terms of this Terms of Use, the terms of the end user license agreement control with regard to the Big Fish Software. 11. DIGITAL MILLENNIUM COPYRIGHT ACT 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 believe that anything on Big Fish Offerings infringes any copyright that you own or control, you may notify Big Fish's designated agent: Designated Agent Legal Department Address: 906 Alaskan Way, Suite 700 Seattle, Washington 98104 USA Telephone Number: 206-213-5753 Email Address [email protected] 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. 12. SOCIAL NETWORK SITES If you access a Big Fish Offe… truncated (22,552 more characters in archive)