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Terms of Service

Last modified: October 26, 2011

AGREEMENT AND SERVICES
Big Fish Games, Inc. and/or its FreeGame-Downlaods.net provide access to the Big Fish Games web site located at www.bigfishgames.com (the "Site") and the products and services available through the Site (collectively with the Site, the "Big Fish Games Offerings") subject to the conditions set out on this page. 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.

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.

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, INC. OR Big Fish Games LUXEMBOURG S.A.R.L., DEPENDING ON YOUR COUNTRY OF RESIDENCE AS DESCRIBED ABOVE.Your use of the Big Fish Games Offerings constitutes your express acceptance without reservation of these Terms of Use.

Use of the Site and the Big Fish Games Offerings is also governed by our Privacy Policy and any other terms of use applicable to services you register to use on the Site, including any amendments or updates thereto.

Use of the Big Fish Games Software, as hereafter defined, is governed by the Big Fish Games, Inc. End User license.

Without limiting the foregoing, each of your Big Fish Games Offering account(s) (each a "Big Fish Games account"), if applicable, and participation in any Big Fish Games Offerings are governed by these Terms of Use. The Big Fish Games 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. If we revise these Terms of Use, such revision(s) will take effect immediately upon being posted within the Site or any Big Fish Games Offering. As with our Privacy Policy, if you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all Big Fish Games Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a Big Fish Games Offering, these Terms of Use will control.

ACCOUNT REGISTRATION
If you create a Big Fish Games account within any Big Fish Games Offering, you must provide truthful and accurate information to us in creating such account. If Big Fish Games has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Big Fish Games may suspend or terminate your ability to use or access a Big Fish Games Offering, and refuse any and all current or future use of or access to any or all Big Fish Games Offerings (or any portion thereof). Big Fish Games requires all users to be over the age of thirteen (13).

Big Fish Games 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 any and all of your Big Fish Games account(s) and for the security of your computer system. You should not reveal your username or password to any other person. Big Fish Games will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Big Fish Games and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Big Fish Games account(s). This includes illegal or improper use by someone to whom you have given permission to use your Big Fish Games account(s) or whom you have negligently allowed to access your Big Fish Games account(s). Big Fish Games reserves the right to terminate your Big Fish Games account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.

ELECTRONIC COMMUNICATIONS
When you access a Big Fish Games Offering, send e-mails or electronically chat with Big Fish Games, 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 Games Offerings. You agree that all agreements, notices, disclosures and other communications that Big Fish Games provides to you electronically satisfy any legal requirement that such communications be in writing.

VIRTUAL CURRENCY
If you access one of our social games through a third party social networking site (each, a "Social Game"), you may have the opportunity to use virtual, in-game currency ("virtual currency") to license a variety of virtual, in-game items ("virtual item") that can be used while playing such Social Game. You may be required to pay a fee to obtain virtual currency.

You have no property interest in any virtual currency or virtual items. Any purchase of virtual currency, and virtual currency accumulated through any applicable Social Game membership benefits, are purchases of a limited, non-transferable, revocable license to use that virtual currency within the applicable Social Game. Virtual currency and virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual currency and virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Social Game. Virtual currency and virtual items cannot be refunded or exchanged for cash or any other tangible value. Virtual currency that you purchase through individual transactions and that are not part of a recurring subscription must be used by you within two (2) years of the date of purchase. If you do not redeem your virtual currency by that point, so long as your Big Fish Games account with respect to the applicable Social Game remains active and in good standing, you will be offered an opportunity to convert any unused virtual currency into one or more in-game or other options determined by Big Fish Games in its sole discretion. All virtual currency and virtual items are unconditionally forfeited if your Social Game account is terminated or suspended for any reason, in Big Fish Games' sole discretion, or if Big Fish Games discontinues any Social Game.

Big Fish Games has no liability for hacking or loss of your virtual currency or virtual items. Big Fish Games has no obligation to, and will not, reimburse you for any virtual items or virtual currency lost due to your violation of these Terms of Use. Big Fish Games 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 currency and virtual items are subject to change without notice.

SOCIAL NETWORK SITES
If you access our Social Games, you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.

If Big Fish Games has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Big Fish Games may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).

REVIEWS, COMMUNICATIONS AND SUBMISSIONS
Generally
Without limiting the scope of these Terms of Use, you agree to comply with our Forum FAQ and Review Guidelines when you submit reviews, forum posts and other content via any Big Fish Games Offering. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within the Big Fish Games Offerings. Content standards may vary depending on where you are within a Big Fish Games Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within a Big Fish Games Offering.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Big Fish Games Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Big Fish Games does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Big Fish Games Offerings. Big Fish Games 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 Games Offerings. You agree to indemnify Big Fish Games and its Affiliates and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Big Fish Games Offerings.

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Big Fish Games account(s) being immediately terminated:

Posting, transmitting, promoting, or distributing any content that is illegal
Harassing or threatening any other user of a Big Fish Games Offering or any employee or contractor of Big Fish Games
Impersonating another person, indicating that you are a Big Fish Games employee or a representative of Big Fish Games (if you are not), or attempting to mislead users by indicating that you represent Big Fish Games in any way
Attempting to obtain a password, other account information, or other private information from any other user of a Big Fish Games Offering
Uploading any software, files, photos, images or any other content to a Big Fish Games Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any Big Fish Games Offering.
Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Big Fish Games representatives.
Posting or communicating any player's real-world personal information within a Big Fish Games Offering or by or through a Big Fish Games Offering or any related bulletin board.
Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Big Fish Games Offering, or using or launching any unauthorized script or other software.
Using a false e-mail address or otherwise disguising the source of any content that you submit within a Big Fish Games Offering, or using tools which anonymize your internet protocol address.
Interfering or circumventing any Big Fish Games Offering security feature or any feature that restricts or enforces limitations on use of or access to a Big Fish Games Offering.
Attempting to sell any part of a Big Fish Games Offering, including, without limitation, any virtual currency (if applicable), Big Fish Games accounts and access to them in exchange for real currency or items of monetary or other value.
Engaging in cheating or any other activity that Big Fish Games deems to be in conflict with the spirit of a Big Fish Games Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Big Fish Games Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Big Fish Games Offerings (other than with respect to the information you provide to us in establishing your Big Fish Games account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Big Fish Games Offering may be seen and used by others and may result in unsolicited communications. Big Fish Games is not liable for any information that you choose to submit or communicate to other users on or through any Big Fish Games Offerings, or for the actions of any other users of any Big Fish Games Offering.

You represent and warrant that you have all necessary rights in and to any materials that you post within any Big Fish Games Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Big Fish Games and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Big Fish Games permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Big Fish Games Offering, you expressly grant Big Fish Games the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.

Commercial Activity and Unsolicited E-mail
You may not use any portion of the Big Fish Games 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 Games Offerings, or otherwise exploit your participation on or through any Big Fish Games Offerings for any commercial purpose.

Customer Reviews
You may submit reviews of certain Big Fish Games Offerings. Use of the reviews feature is for your personal, non-commercial use and is at your own option and risk, and you must comply with the policies set forth in these Terms of Use and the Review Guidelines.

When you post a review, we will display your rating of the Big Fish Games Offering, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.

Big Fish Games SOFTWARE
We may require that you download certain software from Big Fish Games, Inc. or its licensors onto your computer ("Big Fish Games Software"). Big Fish Games, Inc. grants to you a non-exclusive, non-transferable, revocable, limited license to use the Big Fish Games Software to participate in the Big Fish Games Offerings. The Big Fish Games Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Big Fish Games Software.

NEITHER Big Fish Games, INC. NOR ITS LICENSORS NOR Big Fish Games LUXEMBOURG S.A.R.L, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY Big Fish Games SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE Big Fish Games SOFTWARE, RESIDES WITH YOU.

VIOLATION OF THESE TERMS OF USE
If you violate our Terms of Use, we reserve the right, in our sole discretion, to immediately terminate your participation in any or all Big Fish Games Offerings, including any and all Big Fish Games accounts you have established. You acknowledge that we are not required to notify you prior to terminating any such account.

TERMINATION OF ANY Big Fish Games ACCOUNT
Big Fish Games and you each have the right to terminate or cancel any of your Big Fish Games account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Big Fish Games account(s) and/or ceasing use of any and all Big Fish Games Offerings is your sole right and remedy with respect to any dispute with Big Fish Games. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and Big Fish Games, including, without limitation, the Privacy Policy, or Big Fish Games' enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through the Big Fish Games Offerings, or any change in or to such content, (c) your ability to access and/or use any Big Fish Games Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by Big Fish Games on or through any Big Fish Games Offering.

Big Fish Games reserves the right to collect fees, surcharges or costs incurred before you cancel your Big Fish Games account(s) or a particular subscription. In the event that your Big Fish Games account or a particular subscription is terminated or cancelled, 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 account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Big Fish Games may allow you to create any new or additional accounts. All virtual currency and virtual items are unconditionally forfeited if your Social Game account is terminated or suspended for any reason, in Big Fish Games' sole discretion, or if Big Fish Games discontinues any Social Game.

Without limiting the foregoing provisions, if you violate these Terms of Use, Big Fish Games may issue you a warning regarding the violation, or, in Big Fish Game's sole discretion, immediately terminate any and all Big Fish Games accounts that you have established with any Big Fish Games Offering, with or without notice.

INTELLECTUAL PROPERTY RIGHTS
The names and logos, and other graphics, logos, icons, and service names associated with the Big Fish Games Offerings are trademarks, registered trademarks or trade dress of Big Fish Games or its licensors or Affiliates in the United States and/or other countries. Big Fish Games' trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Big Fish Games or its Affiliates, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Big Fish Games, its Affiliates, or any Big Fish Games Offering. The compilation of all content on the Big Fish Games Offerings is the exclusive property of Big Fish Games or its Affiliates and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Big Fish Games Offerings unless we have expressly authorized you to do so in writing. All other trademarks not owned by Big Fish Games or its Affiliates that appear on the Big Fish Games Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Big Fish Games. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Big Fish Games Offerings, you agree to indemnify and hold harmless Big Fish Games and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY Big Fish Games OFFERING, Big Fish Games SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL Big Fish Games OFFERINGS AND Big Fish Games 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 Games DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE Big Fish Games OFFERINGS OR Big Fish Games SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE Big Fish Games OFFERINGS, Big Fish Games SOFTWARE, NEWSLETTERS OR E-MAILS SENT FROM Big Fish Games ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Big Fish Games IS TO STOP USING THE Big Fish Games OFFERINGS AND Big Fish Games SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR Big Fish Games ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT Big Fish Games IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A Big Fish Games OFFERING BY, ANY Big Fish Games OFFERING USER. IN NO EVENT SHALL Big Fish Games’ OR ITS AFFILIATES’ OR THEIR RESPECTIVE EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Big Fish Games FOR YOUR PARTICIPATION IN ANY Big Fish Games OFFERING. IN NO CASE SHALL Big Fish Games OR ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY Big Fish Games OFFERING OR Big Fish Games SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER Big Fish Games NOR ITS AFFILIATES IS LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Big Fish Games OR ITS AFFILIATES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF Big Fish Games OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING Big Fish Games OFFERINGS AND Big Fish Games SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Big Fish Games and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Big Fish Games Offering. Without limiting your indemnification obligations described herein, Big Fish Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

IMPORT TAXES AND FEES
When you buy physical goods (e.g. CD-ROM) through any Big Fish Games Offering for delivery outside the United States, you are considered an importer and, as between you and Big Fish Games, 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. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

OTHER LEGAL TERMS
You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Big Fish Games relating to this subject matter, and cannot be changed or terminated orally.

PRIVACY
Big Fish Games respects the privacy of Big Fish Games Offerings users. Please review our Privacy Policy, which also governs your access to and use of the Big Fish Games Offerings, to understand our policies and practices with respect your personal information.

APPLICABLE LAW AND JURISDICTION
These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Washington, USA, excluding its conflicts of law rules. You expressly agree that exclusive venue and jurisdiction for any claim or dispute you may have with Big Fish Games based upon or in any manner related to any access or use by you of any Big Fish Games Offering, shall be in the state and federal courts located in King County, Washington, USA.

STATUTE OF LIMITATIONS
You and Big Fish Games agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Big Fish Games Offering, these Terms of Use or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

CONTACT US
Big Fish Games, Inc.
Attn: Legal Department
333 Elliott Avenue West, Suite 200
Seattle, Washington 98119 USA
Big Fish Games Luxembourg S.a r.l
46a, Avenue J.F. Kennedy, L-1855
Luxembourg City
Grand-Duchy of Luxembourg
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Big Fish Games Offering in a way that may constitute copyright infringement, you may provide notice of your claim to Big Fish Games' Designated Agent listed below. For your notice to be effective, it must include the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) A description of the copyrighted work that you claim has been infringed upon;

(iii) A description of where the material that you claim is infringing is located within the Big Fish Games Offering;

(iv) Information reasonably sufficient to permit Big Fish Games to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;

(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(vii) Big Fish Games' Designated Agent is:

Big Fish Games, Inc.
Attn: Legal Department, Intellectual Property Agent
333 Elliott Avenue West, Suite 200
Seattle, Washington 98119 USA