Big Fish shall retain discretion as to the particular method by which players may self-exclude for example, Big Fish may permit players to self-exclude by contacting Big Fish Customer Support, completing a form on Big FishвЂ™s website, or any other reasonably accessible means. That policy shall provide that, when a player self-excludes by specifying the Friend Code(s) that the player wishes to ban, Big Fish shall use commercially reasonable efforts to immediately ban the account(s) associated with those Friend Code(s). (b) Big Fish shall publish on its website a voluntary self-exclusion policy. For the avoidance of doubt, this release includes (1) claims potentially subject to arbitration agreements and (2) claims for amounts spent on in-Application purchases that are attributable to Platform Provider fees. вЂњBy pivoting how we operate and sharpening focus, we will gain increased flexibility to engage players more effectively today and invest more for the future.1.27 вЂњReleased ClaimsвЂќ means any and all actual, potential, filed, unfiled, known or unknown, fixed or contingent, claimed or unclaimed, suspected or unsuspected, claims, demands, liabilities, rights, causes of action, contracts or agreements, extra-contractual claims, damages, expenses, costs, attorneysвЂ™ fees and/or obligations (including вЂњUnknown ClaimsвЂќ as defined below), whether in law or in equity, accrued or unaccrued, direct, individual, or representative, of every nature and description whatsoever, whether based on violations of Washington or other federal, state, local, statutory, or common law or any other law, including the law of any jurisdiction outside the United States, that are or have been alleged or otherwise raised in the Actions, or that arise out of or relate to facts, transactions, events, matters, occurrences, acts, disclosures, statements, representations, omissions or failures to act relating to the operation of the Applications and/or the sale of virtual chips in the Applications, such as claims that the Applications are illegal gambling, that virtual chips in the Applications are вЂњthings of value,вЂќ or that aspects of the Applications are deceptive or unfair, against the Released Parties, or any of them. вЂњThe scale that Big Fish developed over many years as a multi-platform publisher has made it difficult to successfully lead in mobile, which requires greater agility and different operating and creative capabilities,вЂќ they wrote. Rather, the layoffs were part of a strategy to pivot from a multi-platform provider to a mobile-focused operation. Lawmakers Batting for Big FishД¬opresidents Andrew Pedersen and Jason Willig made no mention of the settlements in the staff memo. Smith ruled the virtual play chips used in Big FishвЂ™s Casino games constituted вЂњsomething of value,вЂќ despite their lack of direct monetary worth вЂ“ a ruling with huge ramifications for the social games industry. Washington defines gambling as вЂњrisking something of value on the outcome of a contest of chance or a future contingent event not under the personвЂ™s control or influence to receive something of value in the event of a certain outcome.вЂќ Thus, Washington became one of a very few jurisdictions in the world that considers games played with virtual вЂplay-moneyвЂ™ chips to be bona fide gambling games. But in 2018 a federal appellate judge sensationally sided with Kater. Kater argued that Big Fish Games constituted illegal gambling in Washington State and claimed she was entitled to recoup her losses under an antiquated law called the Recovery of Money Lost at Gambling Act. The lawsuits stem from an initial case against Big Fish brought in 2015 by former player Cheryl Kater. These will see Big Fish owner Aristocrat Technologies, and former owner Churchill Downs Inc, cough up $155 million to compensate former customers who lost money via the Big Fish app. The new cutbacks, which mainly affect its Seattle office, come just 24 hours after a federal judge issued preliminary approval of two class-action settlements. This is the second round of layoffs in as many years. Big Fish GamesвЂ™ Seattle HQ will be hit by staff cuts as the company pivots to a mobile-only operation. Social casino developer Big Fish Games is expected to lay off 250 staff members as part of a restructuring process as it downsizes, according to a staff memo dated Tuesday, Sept.

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