Terms of Use for IncrediBots.com, IncrediBotsGold.com and IncrediBots2.com

Last updated November 14, 2009      

AGREEMENT AND SERVICES

Welcome to IncrediBots.com, IncrediBots2.com and IncrediBotsGold.com!

IncrediBots.com, IncrediBots2.com and IncrediBotsGold.com (individually and collectively "IncrediBots") are owned and operated by Big Fish Games, Inc. (together with its Affiliates (as defined below), "Big Fish Games").  These Terms of Use govern your use of IncrediBots, and by using and participating in IncrediBots, you agree to be bound by these Terms of Use.  For purposes of these Terms of Use, the term "Affiliates" means, with respect to Big Fish Games, any person or entity which controls, is controlled by, or is under common control with, Big Fish Games.

Without limiting the foregoing, your IncrediBots customer account(s) and participation in IncrediBots are governed by these Terms of Use.  Our Web sites and service offerings are always evolving, so it is important that you periodically check here, 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 on IncrediBots.  As with our Privacy Policy, if you do not agree to any of these Terms of Use, you should discontinue using or participating in IncrediBots.

ACCOUNT REGISTRATION

When you create an IncrediBots account (an "IncrediBots Account"), you will be required to provide a username and password.  You must provide truthful and accurate information to us in creating your IncrediBots Account.  IncrediBots requires all users to be over the age of thirteen (13).

We reserve 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 IncrediBots 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 and you have added an e-mail address to your account by becoming an IncrediBots Supporter (as defined below) or via the IncrediBots forums, you can request to have a new password sent to your registered e-mail address.  If you have not added an e-mail address to your account, the information associated with your account will be lost. You agree to indemnify and hold Big Fish Games harmless for any improper or illegal use of any of your IncrediBots Account(s).  This includes illegal or improper use by someone to whom you have given permission to use your IncrediBots Account(s) or whom you have negligently allowed to access your IncrediBots Account(s).

INCREDIBOTS SUPPORTERS

You may sign up to be an IncrediBots supporter ("IncrediBots Supporter") by paying a fee of $12 US (the "Supporter Fee"), which will entitle you to enjoy six months of special features, including: access to scaling and mirroring tools, thrusters and cannons; an ad-free experience at IncrediBotsGold.com; an IncrediBots Supporter badge next to all of your IncrediBots Supporter forum posts; early beta access to IncrediBots 2; and other special IncrediBots Supporter features that Big Fish Games may add from time to time.   

If you choose to become an IncrediBots Supporter, you agree to pay the Supporter Fee in accordance with the instructions set forth on IncrediBots and by using a valid credit or debit card, or other payment method we may accept from time to time.  All payments are non-refundable.  Taxes may apply on Supporter Fees.

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

CANCELLATION POLICY

You may cancel your IncrediBots Supporter status at any time.  However, if you do so, Big Fish Games will not refund any Supporter Fees that have been validly charged, debited or otherwise billed to your account as of the date of such termination.  You understand and agree that cancellation of your IncrediBots Supporter status is your sole right and remedy with respect to any dispute with Big Fish Games with respect to your IncrediBots Supporter status.  This includes, but is not limited to, any dispute related to or arising out of: (a) any of these Terms of Use or Big Fish Games' enforcement or application thereof, (b) any other policy or practice of Big Fish Games, including without limitation, Big Fish Games' Terms of Use or Privacy Policy, or Big Fish Games' enforcement or application thereof, (c) your ability to access and/or use IncrediBots, any content on IncrediBots, or any software used to download or access IncrediBots or any such content, or (d) the amount or type of any Supporter Fees, applicable taxes or billing methods relating to your IncrediBots Supporter status, or any change to such Supporter Fees, applicable taxes or billing methods.

ONLINE CONTENT AND CONDUCT

The content on IncrediBots includes the software, communications, images, text, sounds, and all the material and information you encounter through IncrediBots.  Big Fish Games and our independent content providers provide most of the content on IncrediBots.  You bear the risk of the completeness, accuracy or usefulness of any content found on IncrediBots.

Inappropriate language, images, crude or explicit sexual references, 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 on IncrediBots.  Content standards may vary depending on where you are on IncrediBots 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, or posting to any forums or message boards, on IncrediBots.

We expressly reserve the right to: (a) monitor any communications on IncrediBots, 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 IncrediBots.  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 IncrediBots.  You agree to indemnify Big Fish Games from any liability or damages arising out of or resulting from any content you post or communicate on or through IncrediBots.

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

-       Posting, transmitting, promoting, or distributing any content that is illegal

-       Harassing or threatening any other user of IncrediBots or 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 IncrediBots

-       Uploading any software, files or content to IncrediBots that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data

-       Post messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of IncrediBots.

-       Improperly use any game support functions or complaint buttons, or make false complaint or other reports to Big Fish Games staff members.

-       Posting or communicating any player's real-world personal information within IncrediBots or by or through IncrediBots. 

Public Nature of Communications

You acknowledge and agree that your communications with other users via online messaging, forums or bulletin boards, or any other similar types of communication on or through IncrediBots, are public and not private communications, and you have no expectation of privacy concerning your use of or participation in IncrediBots (other than with respect to the information you provide to us in establishing your IncrediBots Account(s)).  You acknowledge that personal information that you communicate on IncrediBots 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 communicate to other users on or through IncrediBots, or for the actions of any other users of IncrediBots.

You represent and warrant that you have all necessary rights in and to any materials that you post on IncrediBots, and that such materials do not infringe any proprietary or other rights of third parties.  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 IncrediBots, you expressly grant Big Fish Games the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, and broadcast such content or materials in any form, with or without attribution to you, and without any notice or compensation to you of any kind.

Commercial Activity and Unsolicited E-mail

You may not advertise any goods or services on IncrediBots, or otherwise exploit your participation on or through IncrediBots for any commercial purpose. 

Big Fish Games Software

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

NEITHER BIG FISH GAMES NOR ITS LICENSORS ARE 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 IncrediBots, including any and all customer or other accounts you have established.  You acknowledge that we are not required to notify you prior to terminating any such account.

TERMINATION OF ANY INCREDIBOTS ACCOUNT

Big Fish Games and you each have the right to terminate or cancel any of your IncrediBots Account(s) at any time for any reason.  You understand and agree that cancellation of your IncrediBots Account(s) is your sole right and remedy with respect to any dispute with Big Fish Games.  This includes, but is not limited to, any dispute related to, or arising out of or directly or indirectly relating to: (a) any provision contained in these Terms of Use or any other agreement between you and Big Fish Games, including, without limitation, the IncrediBots Privacy Policy, or Big Fish Games' enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the IncrediBots Privacy Policy, (b) the content available on or through IncrediBots, or any change in or to such content, or (c) your ability to access and/or use IncrediBots.     

INTELLECTUAL PROPERTY RIGHTS

The IncrediBots name and logo, and other graphics, logos, icons, and service names are trademarks, registered trademarks or trade dress of Big Fish Games 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 in any manner that is likely to cause confusion among consumers or that disparages or discredits Big Fish Games.

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF INCREDIBOTS, ANY INCREDIBOTS SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK.  ANY INCREDIBOTS PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  INCREDIBOTS AND BIG FISH GAMES PROVIDES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS, OR THAT INCREDIBOTS WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INCREDIBOTS OR BIG FISH GAMES IS TO STOP USING INCREDIBOTS, AND TO CANCEL ANY AND ALL OF YOUR INCREDIBOTS ACCOUNT(S).  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 ON INCREDIBOTS BY, ANY INCREDIBOTS USER.  IN NO EVENT SHALL BIG FISH GAMES OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BIG FISH GAMES FOR YOUR PARTICIPATION IN INCREDIBOTS.  IN NO CASE SHALL BIG FISH GAMES OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF INCREDIBOTS.  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, BIG FISH GAMES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.   

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Big Fish Games and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers (collectively, the "Interested Parties") 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 IncrediBots.  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. 

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.

PRIVACY

Please review our Privacy Policy, which also governs your visit to IncrediBots, to understand our policies and practices with respect your personal information.

JURISDICTION

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Washington, U.S.A.