EVE Galaxy Conquest - End User License Agreement

Thank you for your interest in our game EVE Galaxy Conquest (the “Game”, and the term “Game” to include all related mobile/app versions).

Everything in this Agreement is important. We highlight a short summary of some key issues below. However, you should not just rely on these summaries and read the full Sections:

(a)  Rules. There are rules regarding what you can and cannot do with our Game – and consequences if you don’t follow them. For example, you can be banned for inappropriate behaviour and may lose access to our Game (including any in-game purchases). Please see in particular Section 5 below for full details.

(b)  Age. If you are under 13 years old, you cannot play our Game. If you are between 13 and 18 years old, please have your parent or guardian review this Agreement – please see Section 4.

(c)  Liability and Disputes. There are certain restrictions on our liability (e.g. we only compensate for personal losses) and rules on dispute resolution – please see Sections 10 and 12.

(d)  Updates and Changes. There are situations where we may need to change this Agreement, or our Game. We detail this in Section 2C.

(e)  Contact. If you’ve got a question or concern, please email us at: support@evegalaxyconquest.com

1.   ABOUT THIS AGREEMENT

This end user license agreement (the “Agreement”), including our Rules of Conduct (see further below in this Section 1), is a legal document that describes your (and our) rights and obligations with respect to your use of any of our Game, including any services you access or purchases you make through the Game (such as Virtual Items, further detailed below).

By downloading or using our Game, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, you may not download, access or play the Game.

By accepting this Agreement, you are also agreeing to our Rules of Conduct.

If you would like to know more about our privacy practices, please take a look at our Privacy Policy which explains what information we collect from you and how we protect it.

Your Agreement is with CCP ehf. (dba CCP Games), a private limited company organized under the laws of Iceland, having its registered office address at Bjargargata 1, 102 Reykjavík, Iceland (“CCP” or “We”).

Please read the following terms and conditions carefully.

2.   LICENSE AND UPDATES

A.  Limited License

CCP grants you a non-exclusive license to install and use the Game (and any Virtual Items, as described below) on compatible devices you own or control for your personal entertainment use (the “License”). This License is personal to you and so you may not transfer this licence to another person or sublicense any of the rights to any other person. The rights that CCP grants you under the License are subject to the terms of, and your compliance with, this Agreement, and you may only make use of the License if you comply with its terms. The License will end automatically upon the termination of the Agreement for any reason.

The License becomes effective when you accept this Agreement or otherwise access or use our Game. The respective Game is licensed, not sold, to you under this Agreement.

The License does not grant you any title or ownership in the Game.

B.  Updates

CCP may from time-to-time update or otherwise modify this Agreement and/or the Game electronically or require you to install updates, patches or fixes to the Game and/or the App (“Updates”). The Updates may be for a variety of reasons, such as: (i) to reflect changes in applicable laws or regulations; (ii) to adapt to developments in technology (including around security); (iii) to adapt to changes in market conditions, business practice or player behaviour; (iv) due to licensing changes; and (v) for your benefit or advantage.

For small Updates to the Agreement, we will make the amended version available on the Game. For material Updates to the Agreement, these will be notified to you reasonably in advance where we can. The amended Agreement will come into effect as soon as they go live (in the case of small Updates) or following the expiry of the notice period (if they are material Updates). If you do not agree to the amended Agreement, you may not continue to access the Game.

Updates may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. Where applicable, you must install technical Updates before you will be allowed to proceed to play the Game. If you fail to install the Update when required, CCP shall not be responsible in any way for your inability to play such Game.

3.   REQUIREMENTS TO PLAY

To play our Game, you must (and, by accessing the Game, you warrant – i.e., promise to us – that you will) (i) download the Game’s PC client or mobile app, as applicable, on an authorised gaming device; (ii) obtain and maintain your own internet access (internet access is required to play the Game; CCP is not responsible for your access to the internet); (iii) comply with our Account eligibility, including age, requirements as set out in Section 4 below fully; and (iv) otherwise fully comply with this Agreement.

You may play the Game by downloading it from CCP’s authorized partners (“CCP’s Partners”) and using it on your device.

4.   YOUR ACCOUNT

So long as you meet the requirements set out in Section 3 above and this Section, you can play the Game by creating your own account (the “Account”) or through a guest account.

You are responsible and liable for the security and confidentiality of your Account login credentials and for all activities conducted through your Account where your login details have been entered correctly, regardless of who conducts those activities and whether or not those activities were authorised by you. You may not share your Account or your Account login credentials with anyone or allow anyone else to access or use your Account.

Accounts may not be used for business purposes. Playing the Game is intended for your personal entertainment, enjoyment, and recreation, and not for corporate, business, commercial, or income-seeking activities. Business entities and anyone who is acting for or on behalf of a business or for business purposes may not play the Game. Using the Game for commercial, business, or income-seeking purposes is strictly prohibited. However, you may publicly share videos and live video streams of your own gameplay on streaming video platforms and websites.

When entering the Game, you may have to create a character name. You are encouraged to use a pseudonym and to not include any personal identifiable information in your character name.

Users under 13 years old must not set-up an Account. Users between 13 and 18 years old (or whatever the age of majority is in your country) may not establish an Account without the consent of a parent or guardian. The parent or guardian takes full responsibility for all obligations under the Agreement and for all activities of the child user using the Account.

5.   CONDUCT

CCP may use a combination of automated means and human review in order to enforce our rules set out in this Agreement (including the Rules of Conduct, as set out below). If you have any concerns or would like to appeal any sanction we have applied, please contact us at: support@evegalaxyconquest.com.

A.  Specifically Restricted Conduct

Your License to play the Game is subject to proper conduct and full compliance with this Agreement. CCP may suspend or limit or cancel this Agreement or your ability to play the Game, or parts, components and/or single features of the Game (including any in-game purchases), if you violate, or assist others in violating, this Agreement including the rules set out below. If you repeatedly violate the Agreement, or if any single violation is very serious, then we may terminate this Agreement under Section 7B. Without limiting CCP’s rights to control the Game environment, and the conduct of the players within that environment, CCP prohibits the following practices:

  1. You may not use your own or any third-party software to modify any content appearing within the Game environment or change how the Game is played.
  2. You may not use your own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in the Game.
  3. You may not use any information accessible through the Game, to bypass the Game architecture or create or provide any other means through which the Game may be accessed and/or played by others, as, for example, through server emulators.
  4. You must not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, mining or other software that interact with or affect the Game in any way.
  5. You may not submit or share any content (including User Generated Content) in the Game that is harassing, abusive, threatening, harmful, obscene, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including without limitation the submission of content or creation of a character name that infringes on a third-party’s intellectual property rights.
  6. You may not market, sell, advertise, promote, solicit or otherwise arrange for the exchange or transfer of Virtual Items, in-game currency, items or resources outside the Game.
  7. You may not use the Game to violate any applicable law or regulation.

B.  Inappropriate Conduct and/or Communication

As stated in Section 1 above, there are Rules of Conduct that apply for players of the Game. CCP may, but is not obligated to, monitor and take action regarding breaches of those Rules of Conduct. Nonetheless, it is possible that at any time there may be language or other material accessible on or through the Game that you may consider inappropriate or offensive to some users. You acknowledge that other players may transmit communications or content, or access to content, that you may consider inappropriate or objectionable.

C.  Rules of Conduct

As explained in Section 1 above, our Rules of Conduct also apply to players of the Game.

D.  Other Restrictions

You may not intercept any information accessible through the Game for any purpose other than playing it in accordance with the Agreement.

You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate, perform, display, sublicense or transfer any information accessible through the Game, including without limitation, any part of the Game content or any item, object or character in the Game.

You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the Game, or from any information accessible through the Game, or anything incorporated in the Game, or analyse, decipher, ‘sniff’ or derive code (or attempt to do any of these things) from any packet stream transmitted to or from the Game, whether encrypted or not, or permit any third party to do any of the same, and you expressly waive any legal rights you may have to do so. If the Game contains license management technology, you may not circumvent or disable that technology. This Section shall apply to the fullest extent permitted by applicable law.

Any and all rights not expressly granted by CCP in this Agreement are reserved, and no license, permission or right of access or use not granted expressly in this Agreement shall be implied.

6.   FEES AND PAYMENT TERMS

You are not required to pay a fee to download the Game. You may have an option to pay a subscription fee which will allow you to enjoy additional features (“Subscription”) in the Game.

You may also purchase, earn or otherwise obtain virtual items for use within the Game (“Virtual Items”), including via a Subscription. Virtual Items have no cash value or real-world existence and they cannot be sold, gifted, transferred, traded or redeemed in any way, unless it is via agreed channels within the Game. For the avoidance of doubt, you do not ‘own’ any Virtual Items.

You will be informed of any applicable subscription fees, Virtual Item charges, or any other fees (collectively, “Fees”), together with their respective payment terms, and, solely with respect to items for use within a specific Game, immediately prior to purchase. You are however solely responsible for any fee, cost or expense that you incur to download, install and/or use the Game, Virtual Items and/or Subscription.

Virtual Items do not generally expire (unless otherwise stated). CCP is entitled to revoke (without notice or compensation) any Virtual Items that have been obtained by way of bug, hack, breach, malfunction, or other exploit of the Game(s). We are also entitled to manage, regulate, control, vary, modify, discontinue and/or remove Virtual Items at our reasonable discretion if we consider that it is necessary for the ongoing operation or protection of the Game(s) (including for business, legal or technical reasons).

Your refund rights for Virtual Items you have purchased will depend on the terms of the applicable device/platform on which you access the Game(s) on. However, in relation to CCP:

(i)   If you are resident in the European Union or United Kingdom: by law (and subject to certain conditions), consumers have the right to withdraw from a purchase of Virtual Items (including via a Subscription) within 14 days of purchase, without giving a reason, and obtain a refund. However, when you make a purchase of Virtual Items, if the relevant platform obtains your consent to the immediate supply of the Virtual Items, and your acknowledgment that you will lose your right of withdrawal when you are provided with access to the relevant Virtual Items, then you will lose your right to withdraw. You may also have statutory refund (and other) rights if we supply you Virtual Items which are in breach of our statutory obligations (e.g. it’s not fit for purpose or not as described).

(ii)  If you are resident outside the European Union or United Kingdom (including the USA): all purchases are final and no refund will be made or returns accepted (except where you have a legal entitlement to this, if applicable).

7.   TERM AND TERMINATION

A.  Term

The term of this Agreement begins upon your creation of an Account, and shall remain in effect until it is terminated or superseded by a new Agreement, or, if neither of these events occur, as long as you continue using the Game.

B.  Termination

You may terminate this Agreement at any time by uninstalling the Game and deleting your Account. Please see CCP’s Privacy Policy for guidance on how to delete your Account.

CCP reserves the right to terminate this Agreement as set out in this Agreement.

CCP does not guarantee that it will continue to support the Game indefinitely. CCP may, in its sole discretion, cease to provide any or all of the items or services offered in connection with the Game (including patches and updates) and terminate the Agreement. CCP may communicate such termination to you upon at least 30 days’ notice in any of the following manners: (i) when you log into your Account; (ii) in a notice on CCP’s website; (iii) via electronic mail; or (iv) in another manner that CCP deems suitable to inform you of the termination.

CCP may immediately and without notice terminate the Agreement and cancel all rights granted to you under the Agreement if: (i) CCP is unable to verify or authenticate any information you provide; (ii) you or anyone using your Account to access the Game materially breaches the Agreement, makes any unauthorized use of the Game, or infringes the rights of CCP or any third party; or (iii) CCP becomes aware of gameplay that is, in CCP’s reasonable determination, inappropriate, offensive, or in violation of the Rules of Conduct. CCP may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach you.

Termination by CCP under this Section shall be without prejudice to or waiver of any and all of CCP’s other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. Upon termination of the Agreement, you will not be entitled to receive a refund of any fees paid in the event of such termination.

C.  Effects of Termination

If for any reason the Agreement is terminated, all rights granted to you under the Agreement will terminate, unless expressly reserved by applicable law. You must discontinue your use of the Game, you may not access or play the Game, and all the acquired attributes within the Game, including, but not limited to progress, will be lost. If for any reason the Agreement is terminated, you will not be entitled to compensation for the past time you spent playing the Game, or for any other compensation (including for prior purchases of Subscriptions or Virtual Items).

8.   SEIZURE WARNING

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video screen may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.

9.   PROPRIETARY RIGHTS

A.  Ownership in the Game and Game Content

As between you and CCP, CCP is the sole and exclusive owner of the Game and all Game Content (as defined below). The Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. CCP reserves all rights not expressly granted in this Agreement.

The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files, data, characters, Virtual Items (and items, objects and attributes comprising or associated with a character), graphics, sound effects, music, animation, video, text, content, layout, design and other information downloaded from and accessible through the internet when applicable (collectively, the “Game Content”). CCP, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without limitation all intellectual property rights) in and to the Game and all Game Content, and no rights to them are transferred to you, except for the limited License granted in this Agreement.

B.  Rights to Certain Content

Your Account, and all attributes of your Account, including all corporations, actions, groups, titles and characters, and all objects, currency and items acquired, developed or delivered by or to characters as a result of play through your Accounts, are the sole and exclusive property of CCP, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are expressly reserved.

C.  User Generated Content

Our Game may have features that allow you to upload, publish, or otherwise make available content you have created (“User Generated Content”). These features may also allow you to interact with and modify User Generated Content in whole or in part. CCP may modify, limit, or discontinue certain features of the Game and its services without notice or liability to you.

You warrant (i.e., promise) that your User Generated Content will not: (i) violate any statute, rule, regulation or law; (ii) infringe or violate the intellectual property, proprietary, privacy or publicity rights of any third party; (iii) be defamatory, indecent, obscene, pornographic or harmful to minors; or (iv) contain any viruses, Trojan horses, disabling code, worms, time bombs, ‘clear GIFs’, cancelbots or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept or expropriate any data, information, packets or personal information.

CCP may take any action it deems appropriate regarding any User Generated Content, if CCP believes, in its sole discretion, that such User Generated Content violates the Agreement or may expose CCP, its licensors and/or its suppliers to liability, damage CCP’s relationship with any of its suppliers, licensors, ISPs or other users of the Game, harm anyone or harm CCP’s reputation or goodwill.

By sharing any User Generated Content in the Game, you are giving CCP permission to use it (legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with the Game). If you do not agree to this, please do not post any User Generated Content.

D.  Violations of CCP’s Proprietary Rights

Violation of CCP’s proprietary rights is a material breach of the Agreement, in the event of which CCP may suspend your Account, terminate the Agreement and take whatever additional action CCP deems appropriate under the circumstances. This is without prejudice to or waiver of any and all of CCP’s other rights and remedies, all of which are expressly reserved, survive termination, and are cumulative.

10.  WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY

FOR PLAYERS BASED IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM:

(a)  We do not exclude or limit our liability to you where it would be unlawful to do so, this includes: (i) death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors); (ii) breach of your statutory rights as a consumer; and (iii) fraud or fraudulent misrepresentation.

(b)  We only supply the Game for domestic and private use. If you use the Game for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.

(c)  Subject to Section 10(a) above, the total liability of CCP (and its group companies) arising out of or in connection with this Agreement will not excessed the total amount you have paid to us under this Agreement during the twelve (12) months immediately prior to the event which caused the liability.

FOR PLAYERS BASED OUTSIDE OF THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM:

The Game and all Game Content, and all other services and material provided in connection therewith, are provided ‘as is’, with all faults, and without warranty of any kind. You assume all risk of use and all risk associated with accessing and playing the Game.

CCP disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of the Game. CCP does not warrant that the operation of the Game or your access to the Game, or that your use of the Game will be uninterrupted or error-free, or that the Game will be compatible with your hardware and software. In the event of a malfunction of, or your inability to use, the Game you have downloaded, your sole and exclusive remedy shall be a replacement download, and CCP shall have no liability for the faulty download.

In no event shall CCP, its affiliates, CCP’s Partners, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost or corrupted data), arising out of or in connection with the Game, the Game Content, the Agreement, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not CCP is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.

Nothing in this Agreement shall limit any party’s liability in respect of fraud, death, personal injury, or anything else in respect of which liability may not be limited as a matter of law. If any of the disclaimers or limitations of liability in this Section 11 or elsewhere in the Agreement are declared to be void or unenforceable, then CCP’s liability shall be limited to the maximum extent permissible under applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or implied.

11.  INDEMNITY

You agree to compensate CCP and its affiliates, from any and all claims, loss, damages and demands, including reasonable attorneys’ fees, arising out of: (i) your use or misuse of the Game; (ii) any activities conducted with your copy of the Game (whether by you or another person); and (iii) your playing of the Game.

12.  GOVERNING LAW AND VENUE

We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a legal claim against CCP, you should send it to: support@evegalaxyconquest.com.

(a) FOR PLAYERS BASED IN THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM:

You and we agree that your use of the Game and this Agreement (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of Iceland, and any dispute regarding it will be under the jurisdiction of the courts of Iceland. This does not exclude any mandatorily applicable rules or remedies which would be available to you in legal claim brought under the laws of your country of residence.

For players based in the European Union, in the event that disputes or claims arise between businesses and consumers, the European Commission provides a platform to facilitate finding an out-of-court resolution, which is available here: https://ec.europa.eu/consumers/odr. CCP is not obligated to and nor does it intend to participate in this or any other process of online dispute resolution.

(b) FOR PLAYERS BASED OUTSIDE THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM:

This Agreement, and the rights and obligations of you and CCP under this Agreement, shall be governed and construed by and in accordance with the laws of the Republic of Iceland. The Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the Agreement, or otherwise relating to any rights in, access to or use of the Game, Game Content and/or the rights and obligations of you and CCP under this Agreement, shall be the District Court of Reykjavík, Iceland. Where permitted, you expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the jurisdiction of the District Court of Reykjavík, Iceland. However, CCP shall be entitled to seek injunctive relief in any jurisdiction in which this Agreement is being breached or CCP’s interests are being prejudiced.

13.  MISCELLANEOUS

If any part of the Agreement is 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 expressed in the Agreement, and the remaining portions shall remain in full force and effect.

This Agreement will be published in English. It may be translated into one or more additional languages for convenience of the reader. If the Agreement is published in any language other than English, the English language version of the Agreement will be the governing agreement and shall control all interpretation thereof.

You shall comply with all applicable laws regarding your access to and use of the Game.

Except as otherwise provided in this Agreement, you may not assign or transfer the Agreement or your rights thereunder, and any attempt to do so is void.

This Agreement, including the Rules of Conduct and the fees and payment terms as referenced in this Agreement, as each may be amended by CCP from time to time, sets forth the entire understanding and agreement between CCP and you with respect to the subject matter of this Agreement.

We can assign, subcontract or transfer this Agreement to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not affect your legal rights (or alternatively with your consent).

Updated: 25 September 2024

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