If we revise these Terms of Use, such revision(s) will take effect immediately such upon posting of such notice.
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If Big Fish makes changes to these Terms of Use, 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. Big Fish reserves the right to change or modify these Terms of Use at any time and in our sole discretion. The Big Fish Offerings are always evolving, so it is important that you periodically check these Terms of Use, as well as the specific rules for any games or activities in which you choose to participate, for updates. Without limiting the foregoing, each of your Big Fish Offering account(s) (each a "Big Fish account"), if applicable, and participation in any Big Fish Offerings are governed by these Terms of Use. The term “Big Fish” means Big Fish Games, Inc.
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These Terms of Use are entered into between you and Big Fish Games, Inc.
#Big fish digital works software#
For purposes of these Terms of Use, the term "Affiliates" means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term "Big Fish Offerings" means the web sites of Big Fish, including any other sites on which these Terms of Use are posted, and any other Big Fish application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing, including without limitation the Big Fish Software (as defined herein). and/or its Affiliates provide access to the Big Fish Offerings subject to the conditions set forth in 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.īig Fish Games, Inc.
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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. 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). 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 or to access or use most Big Fish Offerings. If you do not agree to these Terms of Use in their entirety, you may not use any Big Fish Offerings. The mandatory arbitration provision in these Terms of Use prevents you from participating in these class action lawsuits, even if a class is certified.īy clicking “Accept” or otherwise accessing or using any Big Fish Offering, you agree to be bound by these Terms of Use and all terms incorporated herein by reference.
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The lawsuits allege claims relating to Big Fish Casino under the Washington Recovery of Money Lost at Gambling statute, the Washington Consumer Protection Act, and Washington common law. These Terms of Use dated Augdo not apply to Cheryl Kater, Suzie Kelly, and Manasa Thimmegowda, who are named plaintiffs in class action lawsuits pending in the Western District of Washington: Kater v. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided at the end of the section titled “Dispute Resolution by Binding Arbitration.” Please read these Terms of Use carefully, including the mandatory arbitration provision in the section titled “Dispute Resolution by Binding Arbitration,” which requires that any past, current, or future disputes are resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis.