This website is operated by BigFish. Throughout the site, the terms 'we', 'us' and 'our' refer to BigFish. BigFish offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, downloading our App and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions ('Terms of Service' or 'Terms'), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on AWS. This is the e-commerce platform that allows us to sell our products and services to you.
By using our mobile application or any of the Service, you expressly represent that you are 21 years of age or older. Use or access to the Service by anyone under the Age of 21 violates these Terms of Service and is strictly prohibited.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws and all Federal, state and local laws governing the distribution, sale, delivery and consumption of alcoholic beverages).
A breach or violation of any of the Terms will result in an immediate termination of your Service.
We reserve the right to refuse service to anyone for any reason at any time. You understand that certain information you provide us (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Subject to these Terms, BigFish grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Service solely for your personal use on a mobile or other device that you own or control. These Terms do not permit you to install or use the App on a mobile or other device that you do not own or control and you may not distribute or make all or any portion of the Services available over a network where it could be used by multiple devices at the same time. All rights not expressly granted herein are reserved by BigFish.
The Service, including its "look and feel" (e.g., text, graphics, images and logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that BigFish and/or its licensors own all right, title and interest in and to the Service and its content (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. Except for the limited license to the Service granted to you above, you do not acquire any rights or licenses under any of BigFish’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Additionally, BigFish makes no guarantee that orders for our products or Service will be available in, or can be placed from, any particular geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, including, but not limited to, product pricing, are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
BigFish may offer certain promotions and credits from time to time for users, to the extent permissible under applicable laws. Depending upon where you are, you may or may not receive or be eligible to participate in these promotional offers and credits. Any such promotions and credits are non-transferrable and may only be used in connection with the Service.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy
BigFish does not currently charge users a fee to use its Services; however, BigFish’s third party service provider(s) may charge fees in connection with your transaction, including but not limited to, shipping or delivery fees and Restocking Fees, which are described in the next paragraph. Any such fees are due immediately. In the future, we may, in our sole discretion, begin charging fees for our Services. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services at that time, you will be required to pay all applicable fees for such Services. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed by any authority on you by virtue of your transacting with retailers or otherwise by using the Services.
If BigFish accepts your order request, your credit or debit card will be charged for the amount of your purchase. Once the charge is authorized, BigFish will package your order for delivery. The individual accepting the order shipment or delivery must provide a valid form of photo identification proving that the individual is 21 years old or older. The receiving individual must sign for the order at the time of delivery. BigFish may decline your order request or delivery may be declined for any reason. If declining because the requested item(s) or acceptable substitutions are not in stock, BigFish may offer you a full refund. If your order request or delivery is declined or cannot be completed for any other reason, you may be charged a non-refundable restocking fee of 20 dollars ($20.00) ("Restocking Fee"). Without limiting the foregoing, the restocking fee will be automatically charged to you if you or your order recipient fails to provide proper proof of identification and age, or if BigFish, or its employees or agents, or the shipping or delivery company used by BigFish or that shipping or delivery company’s agents or employees determine that the transfer of possession of items ordered is otherwise illegal or unsafe.
We may provide you with access to third-party tools over which we neither monitor, nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Third-party links are provided solely as a convenience to you. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App, Website or Services. BigFish makes no warranties or representations that the App, website or Service can be accessed or used on any particular device or with any particular service plan. BigFish does not represent or warrant that the Service can be accessed and/or used on any particular mobile devise or is compatible with any particular cellular, internet or other electronic data plan. BigFish does not represent or warrant that the Service will be available in, or that orders for any products can be placed from, any particular geographic location.
As part of the Service and to update you regarding the status of deliveries, you may receive push notifications on your mobile device ("Push Messages"), as well as via email or other types of messages. You acknowledge that, when you use the App, Website or the Service, your wireless service provider may charge you fees for data, text messaging and/or other wireless or Internet access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages).
If you have downloaded or otherwise acquired the App from Apple, Inc.’s App Store, Google, Inc.’s Google Play, or other third party platform (“TPP”), you acknowledge that these Terms are entered into by and between BigFish and you and not with the TPP. Notwithstanding the foregoing, you acknowledge that the TPP may be a third-party beneficiary of these Terms and that it may have the right (and, where applicable, is deemed to have accepted the right) to enforce these Terms. BigFish is solely responsible for the App and any content contained therein. You acknowledge that no TPP has any obligation to furnish any maintenance and support services with respect to the App. You acknowledge if the App fails to conform to any applicable warranty, you may notify the TPP from which you downloaded or otherwise acquired it, which TPP may then, at its sole discretion, refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, the TPP will have no other warranty obligation whatsoever with respect to the App, and will have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You acknowledge that no TPP is responsible for addressing any claims made by you relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. You acknowledge that in the event of any third party claim that the App, or your possession or use of the App, infringes such third party’s intellectual property rights, no TPP will be responsible for the investigation, defense, settlement and discharge of any such claim. You acknowledge that you have reviewed all applicable terms and conditions published by the TPP from which you downloaded or otherwise acquired the use of the App will comply with all such terms and conditions.
If you send us certain specific submissions (for example contest entries) or other creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that BigFish may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to: (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments.
Any and all Comments provided to BigFish by you, and all updates, modifications or changes made or otherwise relating to the Service (collectively, "Updates"), are the property of BigFish. You acknowledge and expressly agree that any Comments or Updates do not give or grant you any right, title or interest in either the Service, or in any such Comments or Revisions. You hereby assign to BigFish any and all right, title and interest that you may have in and to any and all Comments and Updates. You agree to execute any document, registration or filing required to give effect to the foregoing assignment at BigFish’s request.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to cause nuisance, annoyance or inconvenience; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
You agree that you will not use the Service or such proprietary content, information or other materials except as expressly permitted herein. You agree that you will: (a) not use the Service if you are not fully able and legally competent to agree to these Terms; (b) not use the Service to advertise, solicit or transmit commercial advertisements, including "spam"; (c) not copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Service, any updates, or any part of the Service or content; (e) only use the Service for your own personal use, not for commercial use; (f) not distribute, sell, assign, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Service in any unauthorized manner; (g) keep confidential your account password or any identification we provide to facilitate your Service access; (h) only use an access point or data account which you are authorized to use; and (i) provide whatever proof of identity and age reasonably requested by BigFish, its employee or agent, or the delivery company used by BigFish or that delivery company’s employee or agent.
You understand and agree that you are not permitted to: (a) remove or alter any copyright, proprietary rights notice or other restrictive rights legend or information included in the Service; (b) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the Service or any updates thereto; (c) use any means to discover the source code of the Service or to discover the trade secrets in the Service; (d) otherwise circumvent any functionality that controls access to or otherwise protects the Service; or (e) permit any third party to engage in any of the prohibited acts described in these Terms. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses identified in this paragraph. Any breach these restrictions may subject you to prosecution and damages.
You understand that by using any of the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically or unintentionally generate links or references to objectionable material. If you object to any part of the Services, you should cease using the Service.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BigFish, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Service. 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, our liability shall be limited to the maximum extent permitted by law. If for any reason a court or arbitral body finds BigFish liable for damages notwithstanding the foregoing, in no event shall BigFish’s total liability for all damages exceed the amount paid by you to BigFish for your use or receipt of the Service. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
You agree to indemnify, defend and hold harmless BigFish and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Illinois.
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org