EVE Galaxy Conquest - End User License Agreement

To access and use EVE Galaxy Conquest, you must agree to the terms of this End User License Agreement (the “EULA” or the “Agreement”).

PLEASE SCROLL DOWN AND READ THIS EULA CAREFULLY. By clicking “ACCEPT”, you are affirming that you are over 18 years old and agree to the EULA and PRIVACY POLICY. If you are between 13 and 18 years old, your parent or guardian must read this EULA and the privacy policy and click “ACCEPT” on your behalf. Users under 13 may not set up an Account.

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 2B.

(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 the 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. 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 (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 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, THE UNITED KINGDOM OR ARE OTHERWISE NOT BASED IN THE UNITED STATES:

(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 IN THE UNITED STATES:

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE GAMES ARE PROVIDED “AS IS”, AND CCP HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER, AND CCP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, CCP MAKES NO WARRANTY OF ANY KIND THAT THE GAMES WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES (EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE DOCUMENTATION), OR BE SECURE, ACCURATE, COMPLETE, FREE OF VIRUSES, OR ERROR FREE.

IN NO EVENT SHALL CCP OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOSS OF GOODWILL, IN ANY WAY RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE GAMES, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF ESSENTIAL PURPOSE, EVEN IF YOU HAVE BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR OTHERWISE; AND (II) IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CCP OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND RELATING TO OR RESULTING FROM INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

IN NO EVENT SHALL CCP’S AGGREGATE LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, OR OTHERWISE EVER EXCEED FIFTY PERCENT OF THE REVENUE PAID BY YOU TO CCP DURING THE 12 MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION FIRST AROSE.

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 OR PLAYERS THAT ARE OTHERWISE NOT BASED IN THE UNITED STATES:

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 IN THE UNITED STATES:

Last Updated: 28 October 2024

PLEASE READ THIS SECTION 12(b) (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED (OTHER THAN ANY BATCHING PROCEDURES CONDUCTED BY THE ARBITRAL FORUM), PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Mandatory Individual Arbitration

Dispute” shall mean, as used in this Arbitration Agreement, any dispute, claim, or controversy, whether arising before, on, or subsequent to you agreeing to this Agreement, between you and CCP related to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of this Agreement or any other services, programs, marketing, advertising solicitations, or conduct relating to our relationship, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Any Dispute, whether such Dispute arose before, on, or subsequent to you agreeing to this Agreement, and if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms of this Agreement are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding this Arbitration Agreement, you and CCP each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any legal action by CCP against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.

To the fullest extent permissible by applicable law, all claims against CCP, including but not limited to claims arising out of or relating in any way to the Games or the Agreement, must be filed within one year after such claim or cause of action arose or it will be forever barred.

If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.

If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in New York, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice of law or conflict of law provisions.

Class Action / Jury Trial Waiver

You and CCP agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding. This means that you and CCP may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and CCP may not participate in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding brought by any third party.

Unless both you and CCP agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative proceeding. If any court or arbitrator determines that this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and CCP shall be deemed not to have agreed to arbitrate Disputes.

To the extent that any claims are allowed to proceed on a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in New York, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Notwithstanding the foregoing, you or CCP may participate in a class-wide settlement.

Opt-Out Procedures

To opt out of this Arbitration Agreement, you must send us a written opt-out notice (the “Opt-Out Notice”) by email at support@evegalaxyconquest.com within thirty (30) days from the date that you agreed to this Agreement (the “Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. In other words, opting out of this Arbitration Agreement shall have no effect on any previous, other, or future arbitration agreements you may enter into with CCP. As stated above, if you do not opt out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of CCP’s arbitration agreements and class action provisions. If you timely provide CCP with a valid Opt-Out Notice, all Disputes shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in New York.

Rules and Governing Law

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and CCP each agree to send the other party a written notice of dispute (a “Notice”). A Notice from you to CCP must be emailed to support@evegalaxyconquest.com. Any Notice must include: (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Games, including whether claimant receives any emails associated with the Games, whether claimant has made a purchase from CCP, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. CCP will send any Notice to you at the email address or mailing address it has for you, if any.

After receipt of a Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.

Compliance with these Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the foregoing procedures are essential so that you and CCP have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

If the parties cannot resolve the Dispute through the procedures set forth above, you and CCP each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Claims through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.

All Disputes shall be submitted to National Arbitration and Mediation (“NAM”) for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with NAM’s rules and procedures, including any supplementary rules and fee schedules, then in effect (the “NAM Rules”), except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the NAM Rules. A form for initiating arbitration proceedings is available on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the claim to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.

If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 claims, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) following such determination of a mass filing, NAM shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in NAM’s fee schedule.  You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of these Claims. All parties agree that arbitrations are of a “substantially similar nature” for purposes of this batching procedure for claims administered by NAM if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. This batching procedure for claims administered by NAM shall in no way be interpreted as authorizing class arbitrations of any kind. CCP reserve all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this batching procedure for claims administered by NAM and the ADR Services Batching Procedure (see below) are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and CCP shall be deemed not to have agreed to arbitrate Disputes.

If NAM notifies the parties in writing that it is not available to arbitrate any Claim, or if NAM is otherwise unable to arbitrate any Claim, that Claim shall be submitted to ADR Services, for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services, Inc. (“ADR Services”) in accordance with the rules promulgated by ADR Services (the “ADR Services Rules”), except as modified by this Arbitration Agreement. If there are 20 or more substantially similar Claims that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall: (i) administer those Claims in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current “Mass Consumer Non-Employment Arbitration Fee Schedule”. You agree to cooperate in good faith to implement this “ADR Services Batching Procedure” to facilitate the efficient resolution of these Claims. This ADR Services Batching Procedure shall in no way be interpreted as authorizing class arbitrations of any kind. CCP reserve all rights and defenses as to each and any demand and claimant.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”) will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. If the FAA and the NAM Rules or ADR Services Rules (as applicable) are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of New York, without regard to choice of law or conflict of law provisions.

At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and CCP agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees.

Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Requirement of Individualized Relief: The parties agree that the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any of the prohibitions on non-individualized declaratory or injunctive relief, class, representative, and private attorney general claims, or consolidation set forth under this Arbitration Agreement are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then, after exhaustion of all appeals,  the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.

You agree that any arbitrations between you and CCP will be subject to this Arbitration Agreement and not to any prior arbitration agreement you had with CCP, and, notwithstanding any provision in these Terms to the contrary, you agree that this Arbitration Agreement amends any prior arbitration agreement you had with CCP, including with respect to claims that arose before this or any prior arbitration agreement.

Opt-Out of Future Changes to Arbitration Agreement

Notwithstanding any provision to the contrary, if CCP make any future change to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), you may reject any such change by sending CCP an email to support@evegalaxyconquest.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from CCP. It must include a statement, personally signed by you, that you wish to reject the specified change to the Arbitration Agreement. This is not an opt out of arbitration altogether.

Severability & Survival

If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein. 

Notwithstanding the foregoing, if any court or arbitrator determines that the batching procedure for claims administered by NAM (set forth above) and the ADR Services Batching Procedure are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then, after exhaustion of all appeals, the Arbitration Agreement shall be deemed null and void in its entirety.

This Arbitration Agreement shall survive termination of this Agreement. Except as provided in the opt-out provisions set forth above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with CCP.

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: 28 October 2024

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