Game Club Terms of Service

Last modified: August 2, 2022

Welcome to the Terms of Use (the "Game Club Terms") for Big Fish Game Club (the "Program"). The Program is a Big Fish Offering (as defined in the Big Fish Terms of Use), and these Game Club Terms are in addition to, and not in lieu of, your rights and obligations under the Big Fish Terms of Use (“Big Fish Terms of Use”). Capitalized terms not defined in the Game Club Terms have the meanings assigned to them in the Big Fish Terms of Use. To the extent there is a conflict between these Game Club Terms and the Big Fish Terms of Use, these Game Club Terms will govern such conflict.

The Program is operated by Big Fish and these Game Club Terms govern your participation in the Program. Highlights of the Program include:

The ability to earn Big Fish Points (as defined in the Big Fish Points Program Terms of Use) at a higher rate.
Discounts, early access to select games and other benefits
No ongoing commitment required, cancel online at any time

Please read these Game Club Terms carefully. By participating in the Program, you agree to these Game Club Terms and the Big Fish Terms of Use. If you do not agree to these Game Club Terms and the Big Fish Terms of Use, do not participate in the Program. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

1. MEMBERSHIP BENEFITS

While you have an active Program membership subscription, you are entitled to receive the following membership benefits (collectively, the "Membership Benefits"): 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 the opportunity to earn Big Fish Points at a higher rate. For more information on how Game Club members can earn and redeem Big Fish Points, see the Big Fish Points Program Terms of Use.

2. PAYMENT

Program membership subscriptions renew on a monthly basis (“Subscription Periods”) for the recurring fee indicated at the time you enroll in the subscription (“Membership Fee”). You agree to pay Big Fish Games the Membership Fee both (a) at the beginning of your initial Subscription Period and (b) at the beginning of each subsequent Subscription Period until you cancel your subscription.

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 PAYMENT METHOD YOU HAVE SELECTED AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD.

If you do not cancel at least twenty-four (24) hours before the end of the current Subscription Period, you will be charged for another Subscription Period. For example, if your Subscription Period commenced on February 1st you must cancel your membership subscription at least 24 hours before March 1st to avoid being charged the Membership Fee for a new Subscription Period.

If the Membership Fee changes, Big Fish will notify you at least 30 days in advance of the next Subscription Period. If you do not want to pay the new Membership Fee, you must cancel your membership subscription at least twenty-four (24) hours before the end of the current Subscription Period.

All payments are non-refundable. Taxes may apply on the Membership Fees. You will 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 expiration dates on credit or debit cards.

You are legally responsible for any fees, including attorneys' and collection fees, that Big Fish Games may incur in its efforts to collect any balances owed by you. You will notify Big Fish Games about any billing problems or discrepancies within ninety (90) days after the billing problem or discrepancy first appear on your relevant account statement. If you do not bring them to Big Fish Games' attention within such time, you waive your right to dispute such billing problems or discrepancies.

3. TRIALS

Your Program membership subscription may start with a trial (“Trial”). If we offer you a trial, the specific terms of your trial will be provided in the materials describing the Trial or at registration. Trials are only for customers who have not previously been enrolled in the Program. Big Fish reserves the right, in its discretion, to determine your Trial eligibility and to modify or cancel a Trial or a Trial offer at any time.

ONCE YOUR TRIAL ENDS, BIG FISH WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE END OF YOUR TRIAL. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

4. CANCELLATION OR TERMINATION OF MEMBERSHIP SUBSCRIPTION

You may initiate cancellation of your Program membership subscription or trial online at any time by visiting the My Subscription section of your My Account page . However, if you do so, it can take Big Fish Games up to twenty-four (24) hours to process your request. Big Fish Games will not refund any Membership Fees that have been validly charged, debited or otherwise billed to your account prior to the time your termination request is processed by Big Fish Games.

If your Program membership subscription is canceled by you, your Membership Benefits will terminate at the end of your then-current Subscription Period. Big Fish may permit you to reactivate your Program membership subscription prior to when your next Subscription Period would have started. If you do so, you will continue to be charged as stated in Section 2 of these Game Club Terms as though you never canceled.

We may also terminate your Program membership subscription at our discretion without notice, including, without limitation, if you violate any provision contained in these Game Club Terms. Our failure to insist upon or enforce your strict compliance with these Game Club Terms will not constitute a waiver of any of our rights. If your Program membership subscription is terminated by us, your Membership Benefits will terminate immediately, subject to the provisions contained in this Section 4.

5. MODIFICATION OF GAME CLUB TERMS OR PROGRAM

From time to time, Big Fish Games may choose to modify the Program or these Game Club Terms, including, without limitation, the price, content or nature of the Program or the information contained in these Game Club Terms, upon notice to you. In the event Big Fish Games elects to do so, you may cancel your membership in accordance with Section 4 of these Game Club Terms. If any change to these Game Club 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 Game Club Terms. YOUR RENEWAL OF YOUR PROGRAM MEMBERSHIP SUBSCRIPTION AFTER WE CHANGE THESE GAME CLUB TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH THESE GAME CLUB TERMS.

6. PARTICIPATION AND USE RESTRICTIONS

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 will 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.

Big Fish Games, Inc.

Attn: Legal Department

906 Alaskan Way, Suite 700

Seattle, Washington 98104

USA

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