EVE Vanguard EULA

Updated

EVE Vanguard – End User License Agreement

Thank you for your interest in EVE Vanguard (the “Game”).

This end user license agreement (the “Agreement”) is a legal document that describes your rights and obligations with respect to your use of the Game, including any services you access or purchases you make for the Game. 

Your Agreement is with Fenris Creations hf., a public limited company organized under the laws of Iceland, having its registered office address at Kristinargata 1, 102 Reykjavík, Iceland (“Fenris Creations”). These terms apply when you accept them (for example, when you buy or use the Game). By accepting this Agreement, you are also agreeing to other Fenris Creations terms and policies that are expressly incorporated into this Agreement which can be found on our Support Page: https://support.evevanguard.com/hc/en-us. If you do not or cannot agree to the terms of this Agreement, you may not download, access or play any Game. 

IMPORTANT NOTICE: 

THE GAME IS CURRENTLY IN DEVELOPMENT AND SUBJECT TO CHANGE. IT MAY CONTAIN FEATURES THAT WE CHANGE OR REMOVE LATER ON AS WELL AS BUGS, CRASHES AND OTHER ISSUES. THE GAME MAY INVOLVE RESETS (I.E. PROGRESS WIPES) AS WE FURTHER DEVELOP IT. THE GAME IS PROVIDED “AS IS” AND WE MAKE NO SPECIFIC PROMISES OR REPRESENTATIONS IN RELATION TO IT. PLAYERS THAT PARTICIPATE DURING FOUNDER ACCESS MAY LOSE CERTAIN IN-GAME ITEMS (EXCLUDING COSMETIC ITEMS) ONCE THE FULL VERSION OF THE GAME IS RELEASED.

THIS GAME IS LICENSED AND NOT SOLD TO YOU. WHEN WE REFER TO YOU BUYING DIGITAL ITEMS, WE REFER TO YOU BUYING A LICENCE FOR SUCH THINGS AND THIS AGREEMENT SHOULD NOT BE CONSTRUED AS A SALE OR TRANSFER OF OWNERSHIP.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTES” THIS AGREEMENT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND FENRIS CREATIONS AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT.

1. LICENSE

A. Limited License

Fenris Creations grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited right and license to install and use the Game on compatible devices you own or control for your personal entertainment use (the “License”). The rights that Fenris Creations grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with its terms. 

The License becomes effective when you accept this Agreement. The Game is licensed, not sold, to you under this Agreement. The License does not grant you any title or ownership in the Game. 

B. 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 (including, without limitation, data packets transmitted to and from the system over the internet), or anything incorporated therein, or analyse, decipher, ‘sniff’ or derive code (or attempt to do any of the foregoing) 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 hereby 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 Fenris Creations herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.

C. Updates

Fenris Creations may from time-to-time update or otherwise modify the Game electronically or require you to install updates, patches or fixes to the Game (“Updates”). Updates may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. You must install such Updates before you will be allowed to proceed to play the Game. If you fail to install the Update when required, Fenris Creations shall not be responsible in any way for your inability to play the Game, and you shall not be entitled to receive a refund of any prepaid Fees (as defined in Section 5 below) or any other form of compensation. 

D. Game Changes

The Game is still in development and will constantly evolve over time. It may contain features that we change or remove later on as well as bugs, crashes and other issues. Importantly, the Game may involve resets (e.g. progress wipes) as we develop it. Players that participate during the development of the game may lose certain in-game items once the full version of the Game is released. 

E. New Releases 

You are not entitled to receive any new releases of the Game, or any expansion packs, updates, upgrades or similar products under the Agreement, but Fenris Creations may, in its sole discretion, offer these to you. Fenris Creations may provide new releases or otherwise enhance the Game at any time, in its sole discretion, without obligation to you. Any such new release or other enhancement of the Game may change the Game’s terms, conditions, features, items, mechanics, or any other element of the Game. Periodically, Fenris Creations will require all users to migrate to new releases of the Game in order to continue to play it. 

2. REQUIREMENTS TO PLAY

To play the Game, you must (i) download the Game on authorized gaming device; (ii) obtain and maintain your own internet access (internet access is required to play the Game; Fenris Creations is not responsible for your access to the internet); and (iii) comply with this Agreement. 

3. YOUR ACCOUNT

You can play the Game by purchasing it through our website, http://store.evevanguard.com (the “Website”) or any authorised seller and create a new account (“Account”), if you do not already have one. 

You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. You may not share your Account 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.

A. Names

When entering the Game, you will 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. You may not choose a name that violates anyone’s trademarks, publicity rights or other rights. Acceptance of a pseudonym by Fenris Creations does not mean that your chosen pseudonym does not violate anyone’s rights. You are responsible for any liability incurred by yourself, Fenris Creations or anyone else due to the pseudonym you choose. Fenris Creations retains the right to reject any pseudonym it determines, in its sole discretion, is unlawful, indecent, obscene or otherwise violates standards of good taste.

Your username and in-game name linked to your Account must comply with Fenris Creations Account Naming Policy found on our Support Page at: https://support.evevanguard.com/hc/en-us.

B. Age Requirements and Responsibility 

You must be at least over 18 years old to play the Game. If you are below 18 years old, you must ask a parent or guardian to complete the registration process to establish an Account and accept the terms of this Agreement. 

If a parent or guardian does accept these terms, they will take full responsibility for all obligations under the Agreement and for all activities of the minor using the Account.

4. CONDUCT

A. Specifically Restricted Conduct 

Your License to play the Game is subject to proper conduct. Fenris Creations may suspend or revoke your License to play the Game, or parts, components and/or single features thereof, if you violate, or assist others in violating the rules set forth below. Without limiting Fenris Creations’ rights to control the Game environment, and the conduct of the players within that environment, Fenris Creations prohibits the following practices: 

  1. You may not use your own or 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 the Game may be played by others, as, for example, through server emulators.
  4. You may not submit any content to any chat room or other public forum hosted by Fenris Creations 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 that infringes on a third-party’s intellectual property rights.
  5. You may not market, sell, advertise, promote, solicit or otherwise arrange for the exchange or transfer of in-Game currency, items or resources outside the Game.
  6. You may not use the Game to violate any applicable law or regulation. 

B. Inappropriate Conduct and/or Communication

Fenris Creations may establish rules and policies on specific in-game activities (“Rules of Conduct”) for players of the Game and may, but is not obligated to, monitor and take action regarding inappropriate 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. Fenris Creations does not, as a matter of policy, pre-screen the communications or content transmitted by each player and is in no way responsible for the communications and content transmitted by players of the Game.

You agree to abide by any such Rules of Conduct, as amended by Fenris Creations from time to time, as well as any additional rules of conduct or terms of use published by Fenris Creations for the Game. 

5. PURCHASES FROM FENRIS CREATIONS

You may purchase the Game, and items for use within the Game, from Fenris Creations. 

A. Price

Fenris Creations has the right at any time, prior to you completing your purchase, to withdraw any discount and/or revise prices to take into account increases in costs. 

Any prices, quotations and descriptions are subject to change at any time but such price changes will not affect any orders you may have already placed. 

B. Payment

You will be informed of any applicable subscription fees, item charges, or any other fees (collectively, “Fees”) before you make a purchase.

Different payment methods, such as credit card, direct debit or PayPal may be available to you when making a purchase. When you use third party payment and billing providers, that provider’s additional terms, and costs, may apply. Fenris Creations may request that you authenticate your payment method credentials for security reasons. 

It is your obligation to pay all Federal, State, and local taxes, duties, levies or any other cost or expense that you incur through the receipt or use of the digital goods purchased from Fenris Creations. We will inform you of the payment methods available to you before you make your purchase. 

C. Refunds

Your refund rights for the Game and other related purchases depend on the terms of the applicable device/platform on which you access the Game on. 

For any purchases made through the Game or our Website: 

Right of Withdrawal

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 digital purchases within 14 days of purchase, without giving a reason, and obtain a refund. However, you hereby agree that your right of withdrawal will expire 14 days after your purchase, or when you start downloading or accessing the relevant content for the first time, whichever is sooner. You may also have other statutory refund rights; and 

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). Fenris Creations is not responsible for transactions conducted on third-party marketplaces where it is not the seller, nor any disputes arising from transactions conducted outside of Fenris Creations’ direct control.

NOTHING IN THIS AGREEMENT AFFECTS YOUR RIGHTS AS A CONSUMER UNDER LOCAL LAW, INCLUDING YOUR RIGHT IN CERTAIN JURISDICTIONS TO RECEIVE A REFUND FOR A PRODUCT THAT IS FAULTY OR NOT AS DESCRIBED TO YOU. 

6. IN-GAME CURRENCY

Fenris Creations may allow you to use in-game virtual currencies to redeem certain digital items and online services (“In-Game Currency”). In-Game Currency is not currency or property and have no monetary value. Fenris Creations retains all ownership of In-Game Currency and has the absolute right to manage and change In-Game Currency and all licenses for digital items and services redeemed using In-Game Currency. Your use of In-Game Currency is subject to a personal, non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable, cancelable license. Except where explicitly authorized by Fenris Creations, exchanging, seeking to exchange, or facilitating the exchanging of In-Game Currency or other virtual items for money or any other form of property is strictly forbidden and considered a breach of this Agreement.

Where permitted by Fenris Creations, you may add In-Game Currency to an Account by using the applicable payment methods for the platform you are using to access the services. Fenris Creations reserves the right to adjust the price for In-Game Currency at any time, in its sole discretion, without notice or reimbursement. You are responsible for the payment of any taxes or other charges relating to the purchase or redemption of In-Game Currency. Except as where may be required by law, you have no right to receive a refund for unused In-Game Currency.

7. ARTIFICIAL INTELLIGENCE

A. AI Research and Development: 

For the purposes of this section 7, “Data” means Game-related data (including User Generated Content, as defined in section 10(C) below, and in-game activity data). Where Data constitutes personal data, it shall be processed in accordance with our Privacy Policy (www.fenris.com/privacy-policy). 

As part of our initiative to research and develop artificial intelligence to both improve our games and the capabilities of AI models (the “AI Research Initiative”), we may share Data, with our research partners. Fenris Creations, players or our research partners may deploy artificial intelligence agents (“AI Agents”) in the Game on the live servers. AI Agents are subject to the same rules and policies as players, and we may suspend or remove any AI Agent at any time.  Subject to section 11, and except where liability cannot be limited or excluded under applicable law, Fenris Creations is not liable for the in-game actions of AI Agents deployed by players or our research partners. 

We will never use or share with research partners your account, identity or payment information (such as your name, username, email address or card details) to train any AI models.

B. Text and data mining and AI training: 

You may not conduct, facilitate, authorize or permit any text or data mining or scraping in relation to the Game or any services provided via the Game for any purpose other than as permitted by this Agreement. You may not use Data (however obtained), or make available any Data to third parties, for the purposes of developing, training, fine-tuning, validating, or otherwise improving any AI or machine learning model, tool or technology, or to create or distribute any dataset for such purposes.  The provisions in this section (7)(B) should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Directive (EU) 2019/790. For the avoidance of doubt, nothing contained in this section 7B restricts us or our research partners from carrying out the activities described in section 7A.

8. 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 the foregoing events occur, as long as you continue using the Game. 

B. Termination

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

Fenris Creations reserves the right to terminate this Agreement at any time for any reason, or no reason. 

Fenris Creations does not guarantee that it will continue to support the Game indefinitely. Fenris Creations 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. Fenris Creations may communicate such termination to you upon 30 days’ notice in any of the following manners: (i) When you log into your Account (ii) in a notice on Fenris Creations’ website; (iii) via electronic mail; or (iv) in another manner that Fenris Creations deems suitable to inform you of the termination. 

Fenris Creations, in its sole discretion, may immediately and without notice terminate the Agreement and cancel all rights granted to you under the Agreement if: (i) Fenris Creations 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 Fenris Creations or any third party; or (iii) Fenris Creations becomes aware of gameplay that is, in Fenris Creations’ discretion, inappropriate, offensive, or in violation of the Rules of Conduct. Fenris Creations may, but is not obligated to, provide notice of termination via electronic mail, or any other means reasonably calculated to reach you. 

Termination by Fenris Creations under this section shall be without prejudice to or waiver of any and all of Fenris Creations’ 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. 

9. 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.

10. PROPRIETARY RIGHTS

A. Ownership in the Game and Game Content

As between you and Fenris Creations, Fenris Creations is the sole and exclusive owner of the Game and Game Content (as defined below). The Game and all Game Content are protected by law governing copyrights, trademarks and other proprietary rights. Fenris Creations 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 (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”). Fenris Creations, 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 thereto are transferred to you, except for the limited License granted in this Agreement. 
 

B. Rights to Certain Content 

You have no interest in the value of your time spent playing the Game, for example, by the building up of the experience level of your character and the items your character accumulates during your time playing the Game. 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 Fenris Creations, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved.

Without limiting its rights in any way, and subject to the other terms of the Agreement, Fenris Creations shall have the right to display and publish any information (except certain personal information in your Account) relating to any character in your Account, for example, in charts, lists and other compilations, without notice or any compensation to you whatsoever.

You hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assign to Fenris Creations any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload while playing the Game, including without limitation all files, data and information. To the extent that any such rights are not assignable, you hereby grant Fenris Creations an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed.

C. User Generated Content 

Fenris Creations may provide features through the Game or its services that allow you to create, develop, modify, or contribute virtual items, virtual environments, or other content that Fenris Creations makes available for you to access or download through or in connection with the Game and to upload, publish, or otherwise make available such User Generated Content to some or all players of the Game. These features may also allow you to interact with and modify User Generated Content in whole or in part. Fenris Creations may modify, limit, or discontinue certain features of the Game and its services without notice or liability to you. 

“User Generated Content” includes but is not limited to messages in chat rooms, on bulletin boards and other user-to-user areas, character data, game customization, in-game constructions, replays, cinematics, scripts and programs, modes, gameplay, experiences, interactive features, screenshots, music, sounds, and sound recordings, audiovisual combinations, animations, and other types of works. 

User Generated Content that you cause to be communicated to the Game may 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, child 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. 

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

You hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assign to Fenris Creations any and all right, title and interest you have, including copyrights, in or to any and all User Generated Content, including information you exchange, transmit or upload while playing the Game, including without limitation all files, data and information. To the extent that any such rights are not assignable, you hereby grant Fenris Creations an exclusive, irrevocable, assignable, royalty-free license, worldwide in perpetuity, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such User Generated Content, in any medium now known or hereafter developed.

D. Violations of Fenris Creations’ Proprietary Rights

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

11. WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY

The Game, 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 playing the Game.

Fenris Creations 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. Fenris Creations 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 Fenris Creations shall have no liability for the faulty download.

In no event shall Fenris Creations, its affiliates, Fenris Creations’ 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 Fenris Creations 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 foregoing disclaimers or limitations of liability in this Section 11 or elsewhere in the Agreement are declared to be void or unenforceable, then Fenris Creations’ 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. 

12. INDEMNITY

You shall defend, indemnify and hold harmless Fenris Creations and its affiliates, licensors and suppliers, and their respective employees, contractors, officers and directors, 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.

13. AMENDMENTS

Fenris Creations may, in its sole discretion, amend this Agreement from time to time. If the Agreement is amended, you will be asked to review the amended Agreement when you log into your Account or before you play the Game, and to indicate and confirm your acceptance of the amended Agreement. You must accept the Agreement in order to continue to access the Game.

14. DISPUTES

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 the 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 a legal claim brought under the laws of your country of residence. Fenris Creations 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.

B. For players residing in the United States:

  1. Governing Law and Forum Choice. The Agreement and any action related thereto will be governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. The exclusive jurisdiction for all Disputes (as defined below) subject to the exceptions provided in Section 14(B)(iv) will be the state and federal courts located in Santa Clara County, California, and you and we each waive any objection to jurisdiction and venue in such courts. All other Disputes will be arbitrated in the location provided in Section 14(B)(iii).
  2. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Game, each as they relate to the Game as used or purchased within the United States (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of the Agreement, and that you and we are each waiving the right to a trial by jury or to participate in a class action. 
  3. Location of Arbitration. If you are a resident of the United States, any arbitration will take place in your county of residence, to the exclusion of all other venues, unless we both agree in writing to a different location. 
  4. Exceptions. As limited exceptions to Section 14(B)(ii) above, the following Disputes can be resolved in court and need not be resolved through arbitration: (i) any Dispute that can be resolved in small claims court (if it qualifies); and (ii) any Dispute involving the infringement or misappropriation of our intellectual property rights. 

  5. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by the Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. 

    If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. You and Fenris Creations agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

  6. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If Fenris Creations prevails in arbitration, Fenris Creations will pay all its own attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
  7. Class Action Waiver. YOU AND FENRIS CREATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR FENRIS CREATIONS’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this dispute resolution (Section 14(B) shall be null and void.
  8. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 14(B) above, if we change any of the terms of this Section 14(B) after the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement), you may reject any such change by sending us written notice (including by email to support@evevanguard.com) within 30 days of the date such change became effective in the date of our notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Section 14(B) “FOR PLAYERS RESIDING IN THE UNITED STATES” as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).

15. 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.

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

Except as otherwise provided herein, 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 therein, as each may be amended by Fenris Creations from time to time, sets forth the entire understanding and agreement between Fenris Creations and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, the Agreement may not be modified or amended. No distributor, agent or employee of Fenris Creations is authorized to make any modifications or additions to the Agreement.

The provisions of Sections 1(B) (Restrictions), 5(C) (Refunds), 6 (In-Game Currency), 7 (Artificial Intelligence), 8(C) (Effects of Termination), 10 (Proprietary Rights), 11 (Warranties, Damages and Limitation of Liability), 12 (Indemnity), 14 (Disputes) and 15 (Miscellaneous) shall survive termination of this Agreement for any reason, together with any other provision of the Agreement which by its nature is intended to survive.

For further information regarding our practices regarding collection, use, and sharing of personal data please refer to our Privacy Policy at www.fenris.com/privacy-policy. 

Updated: 4 November 2026

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