80 of 154 cards in Legal Rights & Agreement Rules
Legal Rights & Agreement Rules · Context
The document states that it was last updated on September 10th, 2026 and that this version is effective on September 10th, 2026.
Last Updated: September 10th, 2026 Effective: September 10th, 2026
Legal Rights & Agreement Rules · Context
These Terms apply to any “Licensed Product” that links to this document. The list includes Epic games that link to these Terms (including Fall Guys, Fortnite and Rocket League) and associated content or experiences; Unreal Editor for Fortnite (UEFN); PostParty; In-Game Content such as characters, emotes, outfits, experiences (for example islands) and other digital goods and media that can be licensed to you; services Epic provides (launchers, portals such as the Epic Developer Portal, plugins, Epic Games Accounts, social features, payment, player support services, rewards programs and websites); and any other product or service that links to these Terms. “Licensed Products” includes In-Game Content.
These Terms apply to any “Licensed Product” that links to this document, including:
Our games (including Fall Guys, Fortnite, and Rocket League) that link to these Terms and associated content/experiences;
Unreal Editor for Fortnite (“UEFN”);
PostParty;
Any “In-Game Content,” such as characters, emotes, outfits, experiences (e.g., islands), and other digital goods and media, that can be licensed to you for your use in the Licensed Products.
Services we provide, including launchers, portals (e.g., Epic Developer Portal), plugins, Epic Games Accounts, social features, payment, player support services, rewards programs, and websites; and
Any other products or services that link to these Terms.
The term “Licensed Products” includes In-Game Content.
Legal Rights & Agreement Rules · Restriction or exception
These Terms do not apply to Unreal Engine, the Epic Games Store, or Epic’s marketplaces (for example Fab). When using those, the document tells you to see the applicable terms for them.
These Terms do not apply to Unreal Engine, the Epic Games Store, or Epic’s marketplaces (e.g., Fab). When using Unreal Engine, the Epic Games Store, or Epic’s marketplaces, please see the applicable terms.
Legal Rights & Agreement Rules · Restriction or exception
If a Licensed Product has additional terms and conditions (the document gives the UEFN Supplemental Terms as an example), you are presented with those terms and must agree to them before using that product. Some Epic programs (for example Epic’s Fortnite Developer) may also have additional terms that must be accepted before you can participate. If these Terms conflict with the terms for a specific product or program, the product- or program-specific terms apply.
If a Licensed Product is subject to additional terms and conditions (e.g., the UEFN Supplemental Terms), you will be presented with those product-specific terms and must agree to them prior to using that Licensed Product. Also, some Epic programs (e.g., Epic’s Fortnite Developer) may have additional terms and conditions that must be accepted before you are able to participate. If there’s ever a conflict between these Terms and the terms for specific products or programs, the product- or program-specific terms will apply.
Legal Rights & Agreement Rules · Context
The Terms are a legal agreement between you and Epic Games and include all referenced and linked documents. By using Epic’s websites, products and services you agree to be bound by them. The introduction says that, by accepting, you (and your parent or guardian) agree to abide by the rules, including limits on Epic’s liability, rules for in-game content, arbitration of disputes, and Epic’s right to amend the Terms and terminate Epic Games Accounts. If you don’t or can’t agree, you may not use any of the Licensed Products.
By accepting these Terms, you (& your parent/guardian) agree to abide by these rules, including limits on Epic’s liability to you, rules for in-game content, arbitration of disputes, and Epic’s right to amend these Terms and terminate Epic Games Accounts.
The Epic Games Terms of Service, including all referenced and linked documents (which we’ll refer to collectively as these “Terms”), are a legal agreement between you and Epic Games.
By using them, you agree to be bound by these Terms.
If you don’t or can’t agree to these Terms, you may not use any of these Licensed Products.
Legal Rights & Agreement Rules · Context
“Epic Games,” “Epic,” “we” and “us” mean the Epic Games entity that is responsible for providing the Licensed Product you are using. Which Epic entity grants your license depends on where you live and which Licensed Products you use, with details in Section 19. The words “include,” “includes” and “including” are to be read as followed by “without limitation.”
When we say, “Epic Games,” “Epic,” “we” or “us,” we mean the Epic Games entity that is responsible for providing the Licensed Product you’re using.
When we say “include,” “includes,” and “including” that should be read to include “without limitation” at the end (e.g., “include [without limitation]”).
The Epic entity that grants you a license to use Licensed Products depends on where you live and which Licensed Products you use.
Legal Rights & Agreement Rules · Context
The controlling language of these Terms is English. Any translations are provided for reference purposes only.
The controlling language of these Terms is English; any translations are provided for reference purposes only.
Legal Rights & Agreement Rules · Context
For people who do not live in the United States, Epic says that certain provisions, including liability disclaimers, mandatory arbitration and the waiver of participation in “class actions,” may not be enforceable in your country due to local law. The notice describes possible unenforceability; it does not say those provisions are removed for non-U.S. residents.
FOR NON-U.S. RESIDENTS: If you don’t live in the United States, certain provisions, including liability disclaimers, mandatory arbitration, and waiver of participation in “class actions,” may not be enforceable in your country due to local law.
Legal Rights & Agreement Rules · Context
The Epic entity that grants your license to a Licensed Product is said to be identified in “Section 18,” and the specific entity depends on factors including your location. In this document’s numbering, Section 18 is Infringement Claims, while the list of licensing entities by product and region appears under Section 19, Licensing Entity.
The Epic entity that grants you a license to a Licensed Product under these Terms is identified in Section 18. The specific entity depends on various factors, including your location.
Legal Rights & Agreement Rules · Restriction or exception
Under the license you may not use Licensed Products in a way that causes Epic to incur fees for that use, or that infringes or violates anyone else’s rights, including intellectual property, publicity or privacy rights. You also may not violate the Ecosystem Rules, or use Licensed Products to violate any applicable laws or regulations.
Use Licensed Products in a way that causes Epic to incur fees for such use or to infringe on or violate anyone else’s rights, including intellectual property, publicity, or privacy rights.
Violate the [Ecosystem Rules](https://safety.epicgames.com/our-rules).
Use Licensed Products to violate any applicable laws or regulations.
Legal Rights & Agreement Rules · Restriction or exception
You understand that Epic need not and will not reveal how its Gameplay Integrity Tools work or what specific devices or tools it detected, because doing so could help promoters of such tools evade detection. You agree that, in a dispute over an action Epic has taken against you, Epic may provide evidence of your violation to an arbitrator or court privately (“in camera”), without sharing it with you or your legal representative. Separately, the arbitration section lists exceptions to its arbitration requirement, including claims of intellectual-property infringement that include claims of piracy or of creation, distribution or promotion of Cheats, so some Cheat-related claims are not required to be arbitrated.
You understand and acknowledge that Epic need not and will not reveal to you how its Gameplay Integrity Tools work or what specific devices or tools Epic detected
You agree that, in the event of a dispute over an action Epic has taken against you, Epic may provide evidence of your violation to an arbitrator or court privately (referred to in the legal world as “in camera”), without sharing that evidence with you or your legal representative.
(v) claims of intellectual-property infringement (including claims of piracy; or creation, distribution, or promotion of Cheats)
Legal Rights & Agreement Rules · Company commitment
Epic may update the Terms in the future. If it makes material changes, it says it will send you the new Terms (by email, in-game or some other writing), tell you when the new Terms will take effect, and notify you reasonably in advance of the new Terms taking effect, either by in-app or in-platform notification or by email.
We may update these Terms in the future. If we make material changes:
We’ll send you the new Terms (by email, in-game, or some other writing );
We’ll tell you when the new Terms will take effect; and
We’ll notify you reasonably in advance of the new Terms taking effect, either by in-app/in-platform notification or via email.
Legal Rights & Agreement Rules · Restriction or exception
Your continued use of Licensed Products after Epic updates the Terms means you accept and agree to the changes. For material changes, this follows the period of advance notice. This applies to the fullest extent permitted by applicable law.
Your continued use of Licensed Products after we update these Terms (and, for material changes, following the period of advance notice) means that you accept and agree to the changes, to the fullest extent permitted by applicable law.
Legal Rights & Agreement Rules · Permission or license
If you have given Epic an email address, Epic may use it to communicate with you about the Terms and other important legal information. You agree that emails and in-game notifications from Epic satisfy any legal requirement that communications be in writing.
If you have provided us with an email address, we may use it to communicate with you about these Terms and other important legal information.
You agree that emails and in-game notifications we send you satisfy any legal requirement that communications be in writing.
Legal Rights & Agreement Rules · Context
Epic does not have maintenance or support obligations for software licenses you purchase. Epic may update the Licensed Products from time to time, you will need those updates to keep playing, and Epic might apply them automatically.
Epic does not have any maintenance or support obligations with respect to software licenses you purchase, but Epic may update the Licensed Products from time to time, and you’ll need those updates to keep playing. We might do this automatically.
Legal Rights & Agreement Rules · Restriction or exception
Epic expects everyone to follow the law and its rules and guidelines. Epic’s Rules apply to anyone who uses Licensed Products and are meant as a guide to the behavior it expects. The “Ecosystem Rules” also include the Community Rules (applicable to all End Users), the Content Guidelines (for those making and sharing creations within Licensed Products), and rules for particular Licensed Products (for example Fall Guys, Fortnite and Rocket League).
We expect everyone to follow the law and our rules and guidelines.
apply to anyone who uses Licensed Products, and they are intended to be a guide to the behavior we expect for anyone using Licensed Products.
These “Ecosystem Rules” also include our
which are applicable to all End Users, our
for those making and sharing creations within Licensed Products, and rules for particular Licensed Products (e.g.,
Legal Rights & Agreement Rules · Restriction or exception
Without limiting the other disclaimers and limitations of liability in the Terms, and to the fullest extent authorized by applicable law, Epic’s total liability to you for all damages arising out of or related to your use of, or inability to use, a Card will not exceed the total amount you paid for the Card. This paragraph is not intended to limit Epic’s liability for Epic’s intentional misconduct or gross negligence.
WITHOUT LIMITING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY STATED ELSEWHERE IN THESE TERMS, TO THE FULLEST EXTENT AUTHORIZED BY APPLICABLE LAW, EPIC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, A CARD WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE CARD.
THIS PARAGRAPH IS NOT INTENDED TO LIMIT EPIC’S LIABILITY FOR EPIC’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
Legal Rights & Agreement Rules · Context
For U.K. residents, the Terms say the liability disclaimers may not be enforceable against you. This sits immediately after the Card liability paragraph and is stated without further detail.
For U.K. Residents: The liability disclaimers may not be enforceable against you.
Legal Rights & Agreement Rules · Context
Even after termination, Sections 4 (Gameplay Integrity), 8 (Ecosystem Rules), 10 (In-Game Content), 15 through 18 (disclaimers and liability, governing law, arbitration, infringement claims), 20 (Miscellaneous) and Addendum 1 (Developer-Made Content) stay in effect.
Even after termination, Sections 4, 8, 10, 15-18, and 20 and Addendum 1 of these Terms will stay in effect.
Legal Rights & Agreement Rules · Context
The provisions of Section 15.a apply to End Users resident in the United States, to the fullest extent authorized by the law where you reside. If you are an End User resident in the United Kingdom, Section 15.a points you also to Section 15.b, whose provisions apply to End Users resident in the United Kingdom.
a. The provisions in this Section 15.a apply to End Users resident in the United States and apply to the fullest extent authorized by the law where you reside.
If you are an End User resident in the United Kingdom, please also refer to Section 15.b below.
The provisions in this Section apply to the fullest extent authorized by the law where you reside.
b. The provisions in this Section 15.b apply to End Users resident in the United Kingdom.
Legal Rights & Agreement Rules · Restriction or exception
The Licensed Products, including In-Game Content, are provided “as-is” and “as-available.” Epic, its affiliates, licensors (other than you), service providers, and their employees, directors, agents and assigns (the “Epic Parties”) make no representations or warranties of any kind, express or implied, and disclaim all warranties, including implied or statutory warranties of merchantability, fitness for a particular purpose, title or noninfringement, or that the Licensed Products are free of viruses or other harmful components. Your use of the Licensed Products is at your sole risk. “Epic Parties” also includes the developer of software licensed to you under the Terms unless you have agreed to software-specific terms that include a disclaimer of the developer’s warranties and a limitation of the developer’s liability.
THE LICENSED PRODUCTS, INCLUDING IN-GAME CONTENT, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
EPIC, ITS AFFILIATES, LICENSORS (OTHER THAN YOU), AND SERVICE PROVIDERS, AND THEIR EMPLOYEES, DIRECTORS, AGENTS, AND ASSIGNS (THE “EPIC PARTIES”), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE LICENSED PRODUCTS, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR THAT THE LICENSED PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE LICENSED PRODUCTS IS AT YOUR SOLE RISK.
As used in the above exclusion of certain warranties and limitation of liability, the term “Epic Parties” includes the developer of a software licensed to you under these Terms unless you have agreed to software-specific Terms for that software or service that include a disclaimer of the developer’s warranties and a limitation of the developer’s liability.
Legal Rights & Agreement Rules · Restriction or exception
The Epic Parties will not be liable or responsible to you or any third party for damages, liabilities or losses deemed or alleged to arise out of or in connection with the Licensed Products or their content (including In-Game Content), including those arising from: losses that were not foreseeable at the time you first accepted the Terms; business losses and losses to non-consumers if you use the Licensed Products for non-personal or business purposes (which you are not permitted to do); any use of or inability to use the Licensed Products; damage to your equipment or loss or corruption of data resulting from use; any error, malfunction or unavailability of the Licensed Products; any action Epic takes in accordance with the Terms; any breach by you of the Terms; and any delay or failure in performing Epic’s obligations resulting from events beyond its reasonable control. Epic Parties are not liable for loss of profits or indirect, incidental, punitive, special or consequential damages arising out of or related to the Terms or the Licensed Products.
THE EPIC PARTIES WILL NOT BE LIABLE OR RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LIABILITIES OR LOSSES WHICH ARE DEEMED OR ALLEGED TO HAVE ARISEN OUT OF OR IN CONNECTION WITH THE LICENSED PRODUCTS OR THEIR CONTENT (INCLUDING IN-GAME CONTENT), INCLUDING ARISING FROM OR IN ANY WAY CONNECTED WITH: (I) LOSSES THAT WERE NOT FORESEEABLE BY YOU AND US AT THE TIME YOU FIRST ACCEPTED THE TERMS;
(II) (IF YOU USE THE LICENSED PRODUCTS FOR ANY NON-PERSONAL/BUSINESS PURPOSES, WHICH YOU ARE NOT PERMITTED TO DO) ANY BUSINESS LOSSES AND/OR LOSSES TO NON-CONSUMERS (FOR EXAMPLE LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION AND LOSS OF PROFITS OR REVENUES);
(III) ANY USE OF, OR INABILITY TO USE, THE LICENSED PRODUCTS (INCLUDING ANY IN-GAME CONTENT);
(V) ANY ERROR OR MALFUNCTION IN THE LICENSED PRODUCTS, OR IF FOR ANY REASON THE LICENSED PRODUCTS (OR ANY PART OF THEM) ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD; (VI) ANY ACTION TAKEN BY EPIC IN ACCORDANCE WITH THESE TERMS; (VII) ANY BREACH BY YOU OF THESE TERMS; AND (VIII) ANY DELAY IN PERFORMING, OR FAILURE TO PERFORM, ANY OF OUR OBLIGATIONS IF SUCH DELAY OR FAILURE RESULTS FROM EVENTS, CIRCUMSTANCES OR CAUSES BEYOND OUR REASONABLE CONTROL.
THE EPIC PARTIES WILL NOT BE LIABLE FOR LOSS OF PROFITS OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE LICENSED PRODUCTS.
Legal Rights & Agreement Rules · User right or choice
Within the exclusion for damage to your equipment or loss or corruption of data, there is an exception: if defective digital content that Epic supplied to you damages a device or digital content belonging to you, and this is caused by Epic’s failure to use reasonable care and skill, Epic will either repair the damage or pay you compensation.
(IV) ANY DAMAGE TO YOUR EQUIPMENT OR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM YOUR USE OF THE LICENSED PRODUCTS INCLUDING ANY IN-GAME CONTENT, EXCEPT THAT IF ANY DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED TO YOU DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION;
Legal Rights & Agreement Rules · Restriction or exception
The Epic Parties’ total liability arising out of or related to the Terms or the Licensed Products is limited to the amount you have paid Epic under the Terms in the twelve (12) months before you suffered damages, even if that remedy fails to provide adequate compensation.
THE EPIC PARTIES’ TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE LICENSED PRODUCTS IS LIMITED TO THE AMOUNT YOU HAVE PAID EPIC UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO WHEN YOU SUFFERED DAMAGES, EVEN IF THAT REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
Legal Rights & Agreement Rules · Restriction or exception
You will indemnify, pay the defense costs of, and hold the Epic Parties harmless from claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney and expert witness fees) arising out of or related to: (a) any claim that, if true, would be a breach of the Terms by you or your negligence; (b) any act or failure to act by you using the Licensed Products; or (c) your External Fan Content, Developer-Made Content or your Feedback. You will reimburse the Epic Parties on request for defense costs incurred and payments made or losses suffered, whether in a court judgment or settlement, based on any matter covered by this Section. The indemnification obligation includes claims by and against you.
You will indemnify, pay the defense costs of, and hold the Epic Parties harmless from and against any claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney and expert witness fees) arising out of or related to (a) any claim that, if true, would be a breach of these Terms by you or your negligence, (b) any act or failure to act by you using the Licensed Products, or (c) your External Fan Content, Developer-Made Content, or your Feedback.
You will reimburse the Epic Parties on request for any defense costs incurred by the Epic Parties and any payments made or losses suffered by the Epic Parties, whether in a court judgment or settlement, based on any matter covered by this Section.
This obligation of indemnification includes claims by and against you.
Legal Rights & Agreement Rules · Restriction or exception
If the law where you live does not let you agree to the indemnification, then you assume all responsibility for claims, demands, actions, losses, liabilities and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that would have been covered by it.
If the law where you live doesn’t let you agree to this indemnification, then you assume all responsibility for claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that would have been covered by the indemnification.
Legal Rights & Agreement Rules · User right or choice
For End Users resident in the United Kingdom, Section 15.b says nothing in Section 15.a excludes or limits Epic’s liability for: (i) death or personal injury caused by Epic’s negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of Epic’s statutory obligations or your statutory rights as a consumer, including implied terms in respect of digital content; or (iv) any other liability which cannot be excluded or limited under applicable law.
Nothing in Paragraph 15.a excludes or limits Epic’s liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of our statutory obligations or your statutory rights as a consumer, including implied terms in respect of digital content; or (iv) any other liability which cannot be excluded or limited under applicable law.
b. The provisions in this Section 15.b apply to End Users resident in the United Kingdom.
Legal Rights & Agreement Rules · Restriction or exception
You agree on demand to compensate Epic for claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable external attorney and expert witness fees) that Epic incurs or suffers arising out of or related to: (a) any claim that, if true, would be a breach of the Terms by you or your negligence; (b) any act or failure to act by you using the Licensed Products; or (c) your External Fan Content, Developer-Made Content or Feedback.
You agree on demand to compensate Epic for any claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable external attorney and expert witness fees) incurred or suffered by Epic arising out of or related to (a) any claim that, if true, would be a breach of these Terms by you or your negligence, (b) any act or failure to act by you using the Licensed Products, or (c) your External Fan Content, Developer-Made Content, or your Feedback.
Legal Rights & Agreement Rules · User right or choice
Laws and regulations where you live may provide protections for consumers. The Terms are not intended to exclude, limit or restrict those legal rights and, when possible, should be construed so they do not conflict with laws giving you those protections. If there is no way to reconcile a provision of the Terms with a consumer protection law applicable to you, the applicable law controls.
Laws and regulations where you live may provide protections for consumers. These Terms are not intended to exclude, limit, or restrict any of those legal rights, and when possible, the Terms should be construed in a manner that does not conflict with laws giving you those important protections.
If there is no way to reconcile a provision of these Terms with a consumer protection law applicable to you, the applicable law will control.
Legal Rights & Agreement Rules · Restriction or exception
Except as otherwise required by applicable law, any dispute, claim or controversy between you and Epic relating to any Licensed Product, your use of one, or the Terms will be decided under North Carolina law (where Epic Games is headquartered), excluding its choice of law rules. For disputes not subject to arbitration (see Section 17), you and Epic submit to the exclusive jurisdiction of the Superior Court of Wake County, North Carolina, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of North Carolina. Section 17 says small claims that qualify may be brought in the county where you live or in Wake County, and that some Coordinated Cases that leave arbitration may be filed only in Wake County state courts or the Eastern District of North Carolina.
Except as otherwise required by applicable law, any dispute, claim, or controversy between you and Epic that relates to any Licensed Product or the Licensed Products generally, your use or attempted use of a Licensed Product, or these Terms will be decided under North Carolina law (where Epic Games is headquartered), excluding its choice of law rules.
For disputes, claims, or controversies not subject to arbitration (discussed below in Section 17), you and Epic submit to the exclusive jurisdiction of the Superior Court of Wake County, North Carolina, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of North Carolina.
(i) claims that are properly brought as individual actions in a small-claims court in the county where you reside or in Wake County, North Carolina
Disputes that qualify for small-claims court in either the county where you live or Wake County, North Carolina, may be brought as individual actions in such small-claims courts.
Such Disputes may be filed only in the state courts in Wake County, North Carolina, or if federal jurisdiction exists, in the United States District Court for the Eastern District of North Carolina
Legal Rights & Agreement Rules · Restriction or exception
Except as prohibited by applicable law, you and Epic agree to waive any jurisdictional, venue or inconvenient-forum objections to the designated courts (without affecting either party’s right to remove a case to federal court if allowed), and any right to a jury trial. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation providing that a contract’s language is construed against its drafter will not apply to the Terms. The paragraph is to be interpreted as broadly as applicable law permits.
Except as prohibited by applicable law, you and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to these courts (without affecting either party’s rights to remove a case to federal court if allowed), and any right to a jury trial.
The Convention on Contracts for the International Sale of Goods will not apply.
Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms.
This paragraph will be interpreted as broadly as applicable law permits.
Legal Rights & Agreement Rules · Restriction or exception
Epic says most disputes can be resolved quickly by contacting Epic Games Support. For disputes that are not easily resolved, Section 17 sets the rules for how you and Epic resolve them, including (where applicable) by Binding Individual Arbitration. The section warns that it affects your rights, including your right to file a lawsuit in court, that there is no judge or jury in arbitration, and that discovery procedures and appellate rights are more limited than in court. The arbitration terms do not apply to the extent that including them would make the Terms void, and Section 17 is to be interpreted as broadly as applicable law permits.
For disputes that aren’t easily resolved, where we need a neutral third-party to decide them, this Section explains the rules of how you and Epic will resolve those disputes, claims, or controversies, including (where applicable) by Binding Individual Arbitration.
PLEASE READ THIS SECTION CAREFULLY. THIS AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
THE ARBITRATION TERMS IN THIS SECTION 17 SHALL NOT APPLY TO THE EXTENT THAT THEIR INCLUSION WOULD MAKE THESE TERMS VOID.
This Section 17 will be interpreted as broadly as applicable law permits.
Legal Rights & Agreement Rules · Restriction or exception
The informal resolution and Binding Individual Arbitration requirements apply to all Disputes between you and Epic. A “Dispute” is any dispute, claim or controversy (excluding the listed exceptions), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that relates to any Licensed Product, your use or attempted use of one, or the Terms, including the validity, enforceability or scope of the agreement to arbitrate. In Disputes involving minors, Disputes asserted by the minor and/or by the minor’s parent or guardian are subject to this agreement to arbitrate, and “you” in this Section means both the Adult and the minor. If you are also a party to another agreement with Epic that does not require arbitration, an arbitrator, not a court, decides which Disputes between you and Epic are subject to arbitration and which, if any, may be heard in court.
The informal resolution and Binding Individual Arbitration requirements in this Section apply to all Disputes between you and Epic.
“Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that relates to any Licensed Product or the Licensed Products generally, your use or attempted use of a Licensed Product, or these Terms, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
In Disputes involving minors, Disputes asserted both by the minor(s) and/or by the minor’s or minors’ parent(s) or guardian(s) are subject to this agreement to arbitrate, and the use of “you” in this Section means both the Adult and the minor(s).
If you are a party to other agreements with Epic besides this one, and another agreement does not require arbitration of Disputes, an arbitrator—not a court—will decide which Disputes between you and Epic are subject to arbitration and which (if any) may be heard in court.
Legal Rights & Agreement Rules · Restriction or exception
The only exceptions to the arbitration requirement are: (i) claims properly brought as individual actions in small-claims court in the county where you reside or in Wake County, North Carolina; (ii) authorized enforcement actions through a government agency; (iii) an action to compel or uphold a prior arbitration decision; (iv) your or Epic’s right to seek injunctive relief in court to preserve the status quo while an arbitration proceeds; (v) claims of intellectual-property infringement (including piracy, or creation, distribution or promotion of Cheats), use, creation, distribution or promotion of technology used to circumvent the Gameplay Integrity Tools, claims related to social engineering, or unauthorized acquisition of a third party’s Epic Games Account or transfer or sale of Epic Games Accounts; (vi) claims that are the subject of a class action settlement from which you have opted out of the settlement class; and (vii) the enforceability of the requirement that arbitrations be conducted on an individual rather than a class basis.
The only exceptions to this arbitration requirement are: (i) claims that are properly brought as individual actions in a small-claims court in the county where you reside or in Wake County, North Carolina; (ii) pursuit of authorized enforcement actions through a government agency; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Epic’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds;
(v) claims of intellectual-property infringement (including claims of piracy; or creation, distribution, or promotion of Cheats); or use, creation, distribution, or promotion of any technology, product, service, device, component, or part thereof, used to circumvent the Gameplay Integrity Tools and/or claims related to social engineering; or the unauthorized acquisition of a third party’s Epic Games Account, or the transfer or sale of Epic Games Accounts and/or claims related to social engineering; or the unauthorized acquisition of a third party’s Epic Games Account, or the transfer or sale of Epic Games Accounts;
(vi) claims that are the subject of a class action settlement from which you have opted out of the settlement class; and (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis.
We hope you will try Informal Resolution first, but you do not have to do so before suing in small claims court if your claim meets the jurisdictional requirements for that court.
Legal Rights & Agreement Rules · User right or choice
You may opt out of the Binding Individual Arbitration requirement, but not the class action waiver, by sending written notice to Epic Games within thirty (30) days of signing up for the Licensed Products for the first time. After that period, you may only opt out of future material changes to the Binding Individual Arbitration, by sending written notice within thirty (30) days after Epic provides notice of those changes (unless applicable law requires a longer period). Without opting out, you remain bound by the arbitration agreement you accepted. The class action waiver is described in the subsection headed “Class Action Waiver,” which applies to cases not subject to arbitration even if you opt out of arbitration.
You may opt-out of the Binding Individual Arbitration requirement, but not the class action waiver set forth below in subsection 17.f, by sending written notice to Epic Games within thirty (30) days of signing up for the Licensed Products for the first time.
Once the 30-day period has expired, you may only opt-out of future material changes to the Binding Individual Arbitration by sending written notice within thirty (30) days after Epic Games provides notice of those changes (unless a longer period is required by applicable law).
As explained below, you will remain bound by the arbitration agreement you accepted without opting out of it.
l. Class Action Waiver
To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), even if you opt out of the requirement to arbitrate Disputes, you and Epic will only bring Disputes between you and Epic that relate to any Licensed Product or the Licensed Products generally, your use or attempted use of a Licensed Product, or these Terms, in an individual capacity and shall not:
Legal Rights & Agreement Rules · Procedure
To opt out, send a written notice entitled “Arbitration Opt-Out Notice” to Epic Games, Inc., Legal Department, in Cary, North Carolina. The notice must come from the End User who wants to opt out (or the End User’s parent or guardian) and include the End User’s full name, Epic Games Account and email address; a clear statement that the End User wants to opt out of the Binding Individual Arbitration, or of a material change to it; and the End User’s signature (or the signature of the parent or guardian if the End User is a minor). If opting out of a material change, the notice must identify the specific change. An opt-out applies only to the Binding Individual Arbitration; all other parts of the Terms, including the class action waiver, still apply to the fullest extent allowed by law. An opt-out is prospective only and does not revoke earlier agreement to arbitrate. If you opt out of a material change, you agree to arbitrate any Dispute that arose before the opt-out under the last version of the Binding Individual Arbitration you accepted.
To opt-out you must send a written notice entitled “Arbitration Opt-Out Notice” to the following address:
To be valid, the opt-out notice must be sent to Epic Games from the End User who wants to opt-out (or that End User’s parent or guardian) and include (a) the End User’s full name, Epic Games Account, and email address, (b) a clear statement that the End User wants to opt-out of the Binding Individual Arbitration, or wants to opt-out of a material change to the Binding Individual Arbitration, as applicable, and (c) the End User’s signature (or the signature of the End User’s parent or guardian, if the End User is a minor).
If opting-out of a material change, the notice must also identify the specific material change of which you want to opt-out.
An opt-out notice applies only to the Binding Individual Arbitration; all other parts of these Terms will still apply to the End User and Epic Games, including the class action waiver set forth below in subsection 17.f, to the fullest extent allowed by applicable law.
Further, an opt-out notice is prospective only and does not revoke or otherwise affect any previous agreement to the Binding Individual Arbitration requirement.
By opting out of a material change to the Binding Individual Arbitration, you agree to arbitrate any Dispute that arose prior to the opt-out in accordance with the language of the last version of the Binding Individual Arbitration that you accepted.
Legal Rights & Agreement Rules · User right or choice
For U.K. residents, Epic says the Section 17 provisions may not be enforceable against them. In the class action waiver subsection, a U.K. resident may participate in class or representative proceedings to the extent permitted by applicable laws, and if the laws of your jurisdiction do not allow class action waivers, the waiver does not apply to you.
For U.K. Residents: These provisions may not be enforceable against you.
For U.K. Residents: You may participate in such proceedings to the extent permitted by applicable laws. If the laws of your jurisdiction do not allow class action waivers, this provision shall not apply to you.
Legal Rights & Agreement Rules · Restriction or exception
Section 17 applies only to Disputes and does not prevent either party from taking unilateral actions it is entitled to take under the Terms or other applicable law. For example, you can terminate your Epic Games Account without following the dispute resolution process. Likewise, Epic may suspend or terminate an account (for example following detection of Fraud or Cheats), in its sole discretion, without following the process, but you can use the dispute resolution process to seek a reversal of that decision. Epic says this freedom lets players avoid having to keep using Licensed Products and lets Epic act immediately against players who cheat, pirate (sell or trade Epic Games Accounts) or violate others’ rights.
This Section only applies to Disputes and does not prevent either party from taking unilateral actions they are entitled to take under these Terms or any other applicable law.
This means, for example, that you can terminate your Epic Games Account without following this dispute resolution process.
Likewise, Epic may suspend or terminate an Epic Games Account (i.e., following detection of Fraud or Cheats), in its sole discretion, without following this dispute resolution process (but you can use the dispute resolution process to seek a reversal of that decision).
This freedom to unilaterally act in accordance with these Terms is important so that you do not have to keep using Licensed Products and so that Epic can ensure a positive and fair experience for players who access the Licensed Products by taking immediate action against players engaged in cheating, pirating (selling or trading Epic Games Accounts), or violating others’ rights.
Legal Rights & Agreement Rules · Procedure
You and Epic agree to try to resolve a Dispute informally before arbitration is filed, negotiating in good faith for at least thirty (30) days from the day a compliant written Notice of Dispute is received. This “Informal Resolution” period can be extended if you and Epic agree. Neither side can proceed to arbitration without first giving a compliant Notice of Dispute and engaging in Informal Resolution for the required period. If either side proceeds to arbitration without doing so, a court may enjoin the filing and order the party that did not follow the process to reimburse the other party for arbitration fees and costs already incurred.
You and we agree to attempt to resolve a Dispute informally before an arbitration is filed.
You and Epic will make a good-faith effort to negotiate the resolution of any Dispute for at least thirty (30) days from the day you receive, or Epic receives a written notice of a dispute from the other party (a “Notice of Dispute”) that complies with the terms of this subsection c.
that period can be extended beyond thirty (30) days if you and we agree to do so.
You or Epic cannot proceed to arbitration without first providing a compliant Notice of Dispute and engaging in Informal Resolution for the required period.
If you or Epic proceed to arbitration without providing a compliant Notice of Dispute or before the end of the Informal Resolution period, a court may enjoin the filing and order the party that has not followed this Informal Resolution process to reimburse the other party for any arbitration fees and costs already incurred.
Legal Rights & Agreement Rules · Procedure
To be valid, a Notice of Dispute must include the sender’s name, mailing address, email address, telephone number and Epic Games Account information (screen name and, if available, account number), along with a description of the Dispute, the resolution sought and an individualized calculation of any damages asserted. Applicable statutes of limitations are considered tolled beginning on the day a compliant Notice of Dispute is sent. You send the Notice to Epic Games, Inc., Legal Department, in Cary, North Carolina; Epic sends its Notice to your registered email address and any billing address you have provided.
To be valid, a Notice of Dispute must include the sender’s name, mailing address, email address, telephone number, and Epic Games Account information (screen name and—if available—Epic Games Account number), along with a description of the Dispute and what resolution to the Dispute is being sought, including an individualized calculation of any damages asserted.
All applicable statutes of limitations will be considered tolled beginning on the day a compliant Notice of Dispute is sent.
You will send any Notice of Dispute to Epic Games, Inc., Legal Department, ATTN: NOTICE OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.
Epic will send any Notice of Dispute to your registered email address and also to any billing address you have provided us.
Legal Rights & Agreement Rules · Restriction or exception
If you and Epic disagree about whether a Notice of Dispute complied with the Informal Resolution subsection, that particular dispute over compliance will be resolved by a court, not an arbitrator, even though the Terms otherwise delegate disputes over the validity, enforceability or scope of the arbitration agreement to the arbitrator.
If you and Epic dispute whether a Notice of Dispute complied with this subsection c., that particular dispute over compliance will be resolved by a court, not an arbitrator, notwithstanding the provision otherwise delegating to the arbitrator Disputes over the validity, enforceability, or scope of this Arbitration agreement.
Legal Rights & Agreement Rules · User right or choice
As an alternative to arbitration, you and Epic agree that Disputes that qualify for small-claims court in either the county where you live or Wake County, North Carolina, may be brought as individual actions in those courts. Epic hopes you will try Informal Resolution first, but you do not have to before suing in small-claims court if your claim meets that court’s jurisdictional requirements.
You and Epic agree that, as an alternative to arbitration, Disputes that qualify for small-claims court in either the county where you live or Wake County, North Carolina, may be brought as individual actions in such small-claims courts.
We hope you will try Informal Resolution first, but you do not have to do so before suing in small claims court if your claim meets the jurisdictional requirements for that court.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration proceedings under Section 17 are conducted on an individual basis only, and Epic does not consent to arbitrate any Disputes using class arbitration procedures. The Terms say they affect interstate commerce and that all matters arising under the Section are substantively and procedurally governed by the Federal Arbitration Act and United States federal arbitration law, to the fullest extent permitted by applicable law.
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Epic consent to have any Disputes arbitrated using class arbitration procedures.
These Terms affect interstate commerce, and all matters arising under this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), and United States federal arbitration law, to the fullest extent permitted by applicable law.
Legal Rights & Agreement Rules · Procedure
If Informal Resolution does not resolve all Disputes, unresolved Disputes will be settled by Binding Individual Arbitration conducted by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures in effect when the Dispute arises, as modified by the Terms. If you live in a jurisdiction where NAM is not available, the American Arbitration Association (AAA) conducts the arbitration. For AAA arbitrations, if you are a “Consumer” (you use the Licensed Products only for personal, family or household purposes), AAA’s Consumer Arbitration Rules govern, as modified by the Terms; otherwise AAA’s Commercial Arbitration Rules and Mediation Procedures govern.
If Informal Resolution does not resolve all Disputes between us, You and Epic agree that unresolved Disputes will be settled by Binding Individual Arbitration conducted by National Arbitration and Mediation (“NAM”),
according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by these Terms.
If you reside in a jurisdiction where NAM is not available to arbitrate, the arbitration will be conducted by the American Arbitration Association (“AAA”),
For Disputes that must be arbitrated by AAA: if you are a “Consumer,” meaning that you only use the Licensed Products for personal, family, or household purposes, AAA’s
will govern, as modified by these Terms. Otherwise, AAA’s Commercial Arbitration Rules and Mediation Procedures will govern, as modified by these Terms.
Legal Rights & Agreement Rules · Context
“Arbitration” means Disputes between you and Epic are resolved by a neutral arbitrator instead of a court by a judge or jury. “Individual” means the arbitrator may award the same remedies as a court could, but only to satisfy your or Epic’s individual claims; to the fullest extent allowed by law, the arbitrator may not award money or other relief for the benefit of any person other than you or Epic. “Binding” means both you and Epic must accept and follow the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA.
“Arbitration” means that Disputes you have with Epic and Disputes Epic has with you will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
“Individual” means that the arbitrator may award the same remedies to you or Epic as a court could, but only to satisfy your or Epic’s individual claims.
To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or Epic as part of the resolution of any Dispute.
“Binding” means that both you and Epic will have to accept and follow the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA.
Legal Rights & Agreement Rules · Context
The arbitrator has exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including deciding whether a Dispute can be arbitrated, except to the extent the arbitrator’s authority is limited by the FAA, the Terms and/or the applicable Rules. The arbitrator can award temporary, interim or permanent injunctive relief or specific performance of the Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. An award may be confirmed and enforced in any court having jurisdiction.
The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability, except to the extent that the arbitrator’s authority is limited by the FAA, these Terms, and/or the Rules applicable to the arbitration.
The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) the arbitrator may do so only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator.
The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
Legal Rights & Agreement Rules · Procedure
You or Epic may start arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with the arbitration provider. Filing instructions are on the NAM website or by emailing NAM; AAA instructions apply only if you live where NAM is not available, and are on the AAA website or by phone. You send a copy of any Demand for Arbitration to Epic Games, Inc., Legal Department, in Cary, North Carolina; Epic sends any Demand to the email address and any billing address you have provided.
You or Epic may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with the arbitration provider.
Instructions for filing a Demand for Arbitration with AAA—which you may do only if you reside in a jurisdiction where NAM is not available to arbitrate—are available on the AAA website or by calling AAA at 800-778-7879.
You will send a copy of any Demand for Arbitration to Epic Games, Inc., Legal Department, ATTN: ARBITRATION OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.
Epic will send any Demand for Arbitration to the email address and to any billing address you have provided us.
Legal Rights & Agreement Rules · Procedure
The arbitration is conducted by a single arbitrator with experience resolving similar Disputes. You and Epic agree that it is conducted in English, and unless the arbitrator orders otherwise for reasons of hardship, any translation you request is at your expense. The arbitrator applies Section 17 and other applicable contractual terms as a court would and decides Disputes according to applicable law and fact based only on the record before the arbitrator.
The arbitration will be conducted by a single arbitrator with experience resolving similar Disputes.
You and Epic both agree that the arbitration will be conducted in the English language and that—unless the arbitrator orders otherwise for reasons of hardship—any translation you may request will be at your expense.
The arbitrator will apply this Section and all other applicable contractual terms as a court would and will adjudicate any Disputes according to applicable law and fact based only upon the record before the arbitrator.
Legal Rights & Agreement Rules · Procedure
For Disputes in which the claimant seeks less than USD $10,000, the arbitrator decides solely on written submissions, without a formal hearing, unless the arbitrator decides for good cause that a formal hearing is necessary. For claims of USD $10,000 or more, or smaller matters where the arbitrator decides a hearing is necessary, hearings are by video or telephone unless the arbitrator decides an in-person hearing is necessary for good cause. If an in-person hearing is required and you live in the United States, it takes place in Wake County, North Carolina, unless the arbitrator decides that would be a hardship for you, in which case it may be in your state and county of residence. If you live outside the United States, the applicable Rules determine the site of any in-person hearing. Unless you and Epic agree otherwise, the arbitrator’s decision includes a written statement of the decision on each claim and the basis for the award.
For Disputes in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides for good cause shown that a formal hearing is necessary.
For matters in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary for good cause shown.
If an in-person hearing is required and you reside in the United States, the hearing will take place in Wake County, North Carolina, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in your state and county of residence.
If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
Unless you and Epic agree otherwise, the arbitrator’s decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
Legal Rights & Agreement Rules · Restriction or exception
To the fullest extent allowed by applicable law, the arbitrator may award only legal or equitable remedies that are individual to you or Epic to satisfy one of the individual claims the arbitrator finds supported by credible, relevant evidence. An award, and any judgment confirming it, applies only to that case and cannot be used or offered as precedent in any other case except to enforce the award itself. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction, or an application may be made to such a court to confirm it and order enforcement.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Epic to satisfy one of our individual claims that the arbitrator determines are supported by credible, relevant evidence.
An arbitration award, and any judgment confirming it, apply only to that specific case; they cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, an application may be made to such court for judicial confirmation of any award and an order of enforcement.
Legal Rights & Agreement Rules · Restriction or exception
To the fullest extent permitted by applicable law, you or Epic must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law requires a claim to be brought sooner, that shorter deadline applies instead. Failing to begin arbitration within these time frames may bar the Dispute, if applicable law allows, meaning neither you nor Epic will have the right to assert it.
To the fullest extent permitted by applicable law, you or Epic must start arbitration of a Dispute within two (2) years from when the Dispute first arose.
If applicable law requires you or Epic to bring a claim for a Dispute sooner than two (2) years after the Dispute first arose, that shorter deadline applies instead.
The failure to begin arbitration regarding a Dispute within the time frames described above in this Section may bar the Dispute (if applicable law allows), which means that you and Epic will not have the right to assert the Dispute.
Legal Rights & Agreement Rules · Procedure
If 25 or more Notices of Dispute raise similar claims and have the same or coordinated counsel, they are “Coordinated Cases” and are treated as mass filings or multiple case filings under the Rules, if and to the extent they are sought to be filed in arbitration. Either side may say it believes cases are Coordinated Cases; the arbitration provider decides disputes about that as an administrative matter (or a Process Arbitrator if the provider requires). Demands for Arbitration in Coordinated Cases may be filed only as the bellwether process permits. Epic pays only its share of arbitration fees for Coordinated Cases and the claimants are responsible for their share. Statutes of limitations are tolled for claims in a Coordinated Case from the time a compliant Notice of Dispute is sent for that claimant until the Coordinated Case may be filed in arbitration or court.
If 25 or more Notices of Disputes are sent that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Cases” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Cases are sought to be filed in arbitration as set forth in these Terms.
Disputes over whether a case or cases meet the contractual definition of “Coordinated Cases” will be decided by the arbitration provider as an administrative matter (or by a Process Arbitrator if the arbitration provider so requires).
Demands for Arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below.
Epic will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees.
Applicable statutes of limitations will be tolled for claims asserted in a Coordinated Case from the time a compliant Notice of Dispute has been sent for that claimant until, under the terms of these Terms, the claimant’s Coordinated Case may be filed in arbitration or court.
Legal Rights & Agreement Rules · Procedure
Once claimants’ counsel has told Epic that all or substantially all Notices of Dispute have been provided, counsel confer in good faith on how many cases should proceed in arbitration as bellwether cases. The number should suffice to let each side test the merits of its arguments; if the parties do not agree, an even number is chosen by the arbitration provider. Each side then selects half of the bellwether cases from claimants who provided compliant Notices of Dispute, and only those chosen cases may be filed with the provider. The provider may not assess fees to Epic for Demands not filed. The parties acknowledge that resolving some Coordinated Cases will be delayed by this process. Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.
counsel for the parties shall confer in good faith regarding the number of cases that should proceed in arbitration as bellwether cases.
If the parties do not agree on the number of bellwethers, an even number shall be chosen by the arbitration provider as an administrative matter (or by a Process Arbitrator if the arbitration provider so requires).
Once the number of bellwethers is fixed, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen cases may be filed with the arbitration provider.
The parties acknowledge that resolution of some Coordinated Cases will be delayed by this bellwether process.
Unless the parties agree otherwise, each bellwether trial should be assigned to a different arbitrator.
Legal Rights & Agreement Rules · Procedure
Once all bellwether trials have concluded (or sooner if claimants’ counsel and Epic agree), Epic and the claimants in the Coordinated Cases must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee. They must agree on a mediator within thirty (30) days after the last bellwether trial concludes; if they do not, the arbitration provider promptly appoints one as an administrative matter. They will cooperate to schedule the mediation as quickly as practicable after the mediator is appointed.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants and Epic agree), Epic and claimants in the Coordinated Cases must engage in a single mediation of all remaining Coordinated Cases, with each side paying half the applicable mediation fee.
Epic and the claimants must agree on a mediator within thirty (30) days after the conclusion of the last bellwether trial, and if they do not, the arbitration provider will promptly appoint a mediator as an administrative matter.
Legal Rights & Agreement Rules · Restriction or exception
If the mediation does not produce a global resolution, the arbitration requirement no longer applies to Disputes that are the subject of remaining Coordinated Cases for which a compliant Notice of Dispute was received by the other party. Those Disputes may be filed only in the state courts in Wake County, North Carolina, or, if federal jurisdiction exists, in the United States District Court for the Eastern District of North Carolina, and you consent to exclusive venue there; removal to federal court remains allowed under applicable law. If you assert the same claims as others through common or coordinated counsel, you waive any objection that joining all of them is impracticable. Claimants in these formerly arbitrable Disputes may seek class treatment, but to the fullest extent allowed by law the classes can include only claimants in the Coordinated Cases who provided compliant Notices of Dispute, and any party may contest certification. Epic calls this a limited exception to the class action waiver. A court may enforce this process and enjoin lawsuits or arbitration demands not made in compliance with it.
If the mediation does not yield a global resolution, this arbitration requirement shall no longer apply to Disputes that are the subject of remaining Coordinated Cases for which a compliant Notice of Dispute was received by the other party.
Such Disputes may be filed only in the state courts in Wake County, North Carolina, or if federal jurisdiction exists, in the United States District Court for the Eastern District of North Carolina, and you consent as part of these Terms to venue such cases exclusively in these courts.
To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable.
If a formerly arbitrable Dispute is brought in court, claimants whose claims were part of the Coordinated Cases may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and any party may contest class certification at any stage of the litigation and on any available basis.
This is a limited exception to the class action waiver that otherwise applies to all Disputes between us.
A court shall have the authority to enforce this process for resolving Coordinated Cases and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Legal Rights & Agreement Rules · Context
The dispute resolution process in Section 17 survives any termination of the Terms, or of Epic’s provision of Licensed Products to you, regardless of how the termination happens.
The dispute resolution process set forth in this Section survives any termination of these Terms or Epic’s provision of Licensed Products to you, regardless of the manner of termination.
Legal Rights & Agreement Rules · Restriction or exception
Although Epic may revise the Terms in its discretion, it does not have the right to alter the terms to arbitrate, or the rules specified, for any Dispute once that Dispute arises, if the change would make arbitration procedures less favorable to the claimant. The arbitrator decides whether changed procedures are less favorable to the claimant. If multiple claimants are proceeding in Coordinated Cases, the arbitration provider (or a Process Arbitrator, if the provider requires one) decides, as a process matter, whether revised terms apply to the Coordinated Cases.
Although Epic may revise these Terms in its discretion, Epic does not have the right to alter these Terms to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises, if such change would make arbitration procedures less favorable to the claimant.
Whether changed procedures are less favorable to the claimant is an issue to be decided by the arbitrator, and if multiple claimants are proceeding in Coordinated Cases, the applicability of revised terms to the Coordinated Cases will be decided by the arbitration provider as a process matter (or by a Process Arbitrator, if the arbitration provider so requires).
Legal Rights & Agreement Rules · Restriction or exception
To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate, even if you opt out of arbitration, you and Epic will bring Disputes only in an individual capacity. Neither may seek to bring, join or participate in any class or representative action, collective or class-wide arbitration, or other action where another individual or entity acts in a representative capacity (like private attorney general actions), or consolidate or combine individual proceedings or permit another to do so without the express consent of all parties. The limited exception is for remaining Coordinated Cases that leave arbitration, which Epic calls a limited exception to the class action waiver. For U.K. residents, you may participate in such proceedings to the extent permitted by applicable laws, and if the laws of your jurisdiction do not allow class action waivers, the provision does not apply to you.
To the maximum extent permitted by applicable law, for any case not subject to the requirement to arbitrate (except to the limited extent discussed above for Coordinated Cases), even if you opt out of the requirement to arbitrate Disputes, you and Epic will only bring Disputes between you and Epic that relate to any Licensed Product or the Licensed Products generally, your use or attempted use of a Licensed Product, or these Terms, in an individual capacity and shall not:
seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
consolidate or combine individual proceedings or permit another to do so without the express consent of all parties.
For U.K. Residents: You may participate in such proceedings to the extent permitted by applicable laws. If the laws of your jurisdiction do not allow class action waivers, this provision shall not apply to you.
This is a limited exception to the class action waiver that otherwise applies to all Disputes between us.
Legal Rights & Agreement Rules · Restriction or exception
If any provision of Section 17 is found invalid, unenforceable or illegal, it is severed and the rest of the Terms remain in effect. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable or illegal, all of Section 17 is void and unenforceable, and any dispute is resolved in court subject to the venue and choice-of-law clauses in the Terms. If the requirement to arbitrate a dispute is not enforced, the class action waiver still applies unless that provision is separately and independently found not to be enforceable.
If all or any provision of this Section 17 is found invalid, unenforceable, or illegal, then you and Epic agree that the provision will be severed, and the rest of these Terms shall remain in effect and be construed as if any severed provision had not been included.
The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Epic agree that this entire Section 17 will be void and unenforceable, and any dispute will be resolved in court subject to the venue and choice of law clauses specified in these Terms.
For avoidance of doubt, if the requirement to arbitrate a dispute is not enforced, the class action waiver still applies unless that provision is separately and independently found not to be enforceable.
Legal Rights & Agreement Rules · Procedure
If you submit a DMCA notice, the Terms refer you to Section 512(c)(3) of the DMCA for the requirements of a proper notification, and say that if you fail to meet all of them your notice may not be effective. Under Section 512(f) of the DMCA, if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by Epic or its Epic Games Account holders. If you are unsure whether the material or activity is infringing, you may wish to contact an attorney before filing a notification.
If you are submitting a DMCA notice, please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective.
Under Section 512(f) of the DMCA, if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by us or our Epic Games Account holders.
If you are unsure whether the material or activity you are reporting is infringing, you may wish to contact an attorney before filing a notification with us.
Legal Rights & Agreement Rules · Context
The Epic entity that grants you a license to use Licensed Products depends on where you live and which Licensed Products you use. Section 19 states that the Section 3 license for the listed Licensed Products (and their associated Epic services) is granted by the entity outlined in the list. Section 3 itself says the licensing entity “is identified in Section 18,” although in this document the entity list appears under Section 19 and Section 18 is Infringement Claims.
The Epic entity that grants you a license to use Licensed Products depends on where you live and which Licensed Products you use. The license in Section 3 for the following Licensed Products (and their associated Epic Services) is granted to you by the entity outlined below:
The Epic entity that grants you a license to a Licensed Product under these Terms is identified in Section 18.
Legal Rights & Agreement Rules · Context
For Fall Guys (except the mobile version for Android and Apple iOS in the EU): if you play on the Steam platform, the licensing entity is EGFG LLC, trading as Epic Games; if you play on any other platform, it is Epic Games, Inc. For the mobile version of Fall Guys for Android and Apple iOS in the EU, the entity is EGFG LLC, trading as Epic Games.
Fall Guys (except mobile version for Android and Apple iOS in the EU):
If you are playing on the Steam platform, EGFG LLC, trading as Epic Games
If you are playing on any other platform, Epic Games, Inc.
Fall Guys (mobile version for Android and Apple iOS in the EU): EGFG LLC, trading as Epic Games.
Legal Rights & Agreement Rules · Context
For Fortnite (except the Apple iOS mobile version) or UEFN: if you reside in the United States, the licensing entity is Epic Games, Inc.; if you reside outside the United States, it is Epic Games Entertainment International GmbH. For the Fortnite mobile version for Apple iOS: if you reside in the United States it is Epic Games, Inc.; outside the United States it is Epic Games Sweden, AB.
Fortnite (except mobile version for Apple iOS) or UEFN:
If you reside in the United States of America, Epic Games, Inc.
If you reside outside of the United States of America, Epic Games Entertainment International GmbH
Fortnite (mobile version for Apple iOS):
If you reside in the United States of America, Epic Games, Inc.
If you reside outside of the United States of America, Epic Games Sweden, AB
Legal Rights & Agreement Rules · Context
The licensing entity for Postparty is Life on Air Inc.; for Rocket League or Rocket League Sideswipe it is Psyonix LLC; for websites it is Epic Games, Inc. For all other Licensed Products, the list says to see the relevant product or program-specific terms.
Postparty: Life on Air Inc. Rocket League or Rocket League Sideswipe: Psyonix LLC Websites: Epic Games, Inc. All other Licensed Products: See relevant product or program-specific terms
Legal Rights & Agreement Rules · Restriction or exception
If Epic waives any part of the Terms, it is a one-time, case-specific waiver unless Epic tells you in writing that it is not. Not asserting a right or provision does not mean Epic waives it. If a court with jurisdiction or an arbitrator finds any part of the Terms invalid, illegal or unenforceable, you and Epic will consider that part removed or limited as little as possible so the rest of the Terms stay in effect, except as stated in Section 17.m, where invalidity of the class arbitration prohibition voids all of Section 17.
If Epic waives any part of these Terms, it’s a one-time, case-specific waiver unless we tell you in writing it’s not.
Just because we don’t assert a right or provision of these Terms doesn’t mean we waive it.
If any part of these Terms is found invalid, illegal, or unenforceable by a court with jurisdiction or an arbitrator, you and Epic will (except for as stated in Section 17.m) consider that part removed or limited as little as possible so that the rest of these Terms stay in effect.
m. Severability
The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Epic agree that this entire Section 17 will be void and unenforceable, and any dispute will be resolved in court subject to the venue and choice of law clauses specified in these Terms.
Legal Rights & Agreement Rules · Restriction or exception
You can’t assign your rights or obligations under the Terms. Epic may assign the Terms, in whole or in part, with or without notice to you.
You can’t assign your rights or obligations under these Terms.
We may assign these Terms, in whole or in part, with or without notice to you.
Legal Rights & Agreement Rules · Context
Some people experience epileptic seizures or blackouts when they see certain images or patterns, such as flashing lights, including while playing video games. The reactions may be reduced by playing in a well-lit room, avoiding playing while drowsy, viewing the game from a distance or on a smaller screen, and limiting the length of play sessions. If you or anyone nearby has an epileptic condition, seizures or seizure symptoms, that person should check with a doctor before being exposed to the Licensed Products. If you or those nearby experience dizziness, altered vision, eye or muscle twitches, jerking or shaking of arms or legs, loss of awareness, disorientation, confusion, involuntary movement or convulsions while using the Licensed Products, immediately stop and check with a doctor before continuing.
Some people experience epileptic seizures or blackouts when they see certain images or patterns like flashing lights.
Playing in a well-lit room;
Avoiding playing while drowsy;
Viewing the game from a distance or on a smaller screen; and
Limiting the duration of your play session.
If you or anyone who will be in the vicinity has an epileptic condition, seizures, or seizure symptoms, that person should check with a doctor before being exposed to the Licensed Products.
If you or those in the vicinity experience any of the following while using the Licensed Products, immediately stop and check with a doctor before continuing:
Dizziness;
Altered vision;
Eye or muscle twitches;
Jerking or shaking of arms or legs;
Loss of awareness;
Disorientation;
Confusion;
Involuntary movement; or
Convulsions.
Legal Rights & Agreement Rules · Restriction or exception
You agree that you will not use, access, download, export, reexport or transfer the Licensed Products, and are not eligible to enter into the Terms, if doing so would violate U.S. or other applicable export control, sanctions or import laws and regulations, such as the U.S. Export Administration Regulations and the U.S. Department of the Treasury’s Office of Foreign Assets Control regulations.
You understand and agree that you will not use, access, download, export, reexport, or transfer the Licensed Products, and are not eligible to enter into these Terms, if doing so would violate U.S. or other applicable export control, sanctions, or import laws and regulations, such as the U.S. Export Administration Regulations and U.S. Department of the Treasury’s Office of Foreign Assets Control regulations.
Legal Rights & Agreement Rules · Context
For SIEA End Users, purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America (SIEA).
For SIEA End Users: Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America (“SIEA”).
Legal Rights & Agreement Rules · Context
For SIEE End Users, content purchased in an in-game store is purchased from Sony Interactive Entertainment Network Europe Limited (SIEE) and is subject to the PlayStation Network Terms of Service and End User Agreement available on the PlayStation Store. Usage rights may differ from item to item, so check them for each purchase. Unless otherwise shown, content in an in-game store has the same age rating as the game.
For SIEE End Users: Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIEE”) and is subject to PlayStation™ Network Terms of Service and End User Agreement which is available on the PlayStation™ Store.
Please check usage rights for each purchase as these may differ from item to item.
Unless otherwise shown, content available in any in-game store has the same age rating as the game.
Legal Rights & Agreement Rules · Context
For Licensed Products on Xbox consoles you own or control, Microsoft Corporation and its affiliates have no maintenance or support obligations for Licensed Products. Nothing in the Terms, including the Platform-Specific Terms, governs or changes your relationship with Microsoft under any agreements between you and Microsoft, including the Microsoft Services Agreement.
The following additional terms and conditions apply with respect to Licensed Products available for use on Xbox consoles that you own or control:
Neither Microsoft Corporation nor any of its affiliates (collectively, “Microsoft”) have any maintenance or support obligations for Licensed Products.
Nothing in these Terms, including these Platform-Specific Terms, shall govern or change, in any way, your relationship with Microsoft under any agreements between you and Microsoft, including the Microsoft Services Agreement.
Legal Rights & Agreement Rules · Restriction or exception
To the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties (other than Microsoft) arising out of or in connection with the Terms or the Licensed Products (including In-Game Content) will not exceed the total amounts you have paid (if any) to Epic for the Licensed Products in the twelve (12) months immediately preceding the events giving rise to the liability, and Microsoft has no liability to you arising out of the Terms or the Licensed Products. The limits apply even if a remedy fails to provide adequate compensation. The paragraph is not intended to limit Epic’s liability for intentional misconduct or gross negligence. For U.K. residents, the liability disclaimers may not be enforceable against them.
Further, to the maximum extent permitted by applicable law, the aggregate liability of the Epic Parties (other than Microsoft) arising out of or in connection with these Terms or the Licensed Products (including any In-Game Content) will not exceed the total amounts you have paid (if any) to Epic for the Licensed Products (including any In-Game Content) during the twelve (12) months immediately preceding the events giving rise to such liability, and Microsoft shall have no liability to you arising out of or in connection with these Terms or the Licensed Products (including any In-Game Content).
These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. This paragraph is not intended to limit Epic’s liability for Epic’s intentional misconduct or gross negligence.
For U.K. Residents: The liability disclaimers may not be enforceable against you.
Legal Rights & Agreement Rules · Context
For Licensed Products on Apple iPhone or iPad devices you own or control, you acknowledge that your agreement is not with Apple and that Epic, not Apple, is solely responsible for the Licensed Products and their content. Your use is subject to the Terms, including the Platform-Specific Terms, and as permitted by the Usage Rules in the App Store Terms and Conditions as of the date you download or first use the Licensed Products. You agree that Apple has no maintenance or support obligations for the Licensed Products.
The following additional terms and conditions apply with respect to Licensed Products available for use on any Apple, Inc. (“Apple”) iPhone or iPad devices that you own or control:
You acknowledge that your agreement is not with Apple. Epic, not Apple, is solely responsible for the Licensed Products and its content.
Your use of the Licensed Products shall be subject to these Terms, including these Platform-Specific Terms, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions as of the date you download or first use the Licensed Products (which you acknowledge you have had the opportunity to review).
You agree that Apple has no maintenance or support obligations with respect to the Licensed Products.
Legal Rights & Agreement Rules · Context
You acknowledge that Apple is not responsible for any product warranties for Licensed Products. If you are legally entitled to a warranty in your country or jurisdiction and the Licensed Products do not conform, you may notify Apple, which will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to the required warranty are Epic’s sole responsibility. Epic has disclaimed all warranties under the Terms, so no warranties apply except those required by law. Epic, not Apple, is responsible for addressing claims relating to the Licensed Products or your possession or use of them, including product liability claims, claims that they fail to meet legal or regulatory requirements, and consumer protection claims, and is solely responsible for investigating, defending, settling and discharging third-party IP infringement claims (if and to the extent required under the Terms).
You acknowledge and agree that Apple is not responsible for any product warranties for Licensed Products, whether express or implied by law.
If you are legally entitled to a warranty in your country or other jurisdiction, if Licensed Products do not conform to the required warranty, you may notify Apple, and Apple will refund the purchase price, if any.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Products, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to such required warranty will be Epic’s sole responsibility.
However, you understand and agree that in accordance with these Terms, Epic has disclaimed all warranties of any kind with respect to the Licensed Products and, therefore, there are no warranties applicable to the Licensed Products, except those required by law.
Epic, not Apple, is responsible for addressing your or any third party’s claims relating to the Licensed Products or your possession and/or use of the Licensed Products, including: (i) product liability claims; (ii) any claim that the Licensed Products fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of a claim that the Licensed Products infringe on a third party’s intellectual property rights, Epic, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (if and to the extent required under these Terms).
Legal Rights & Agreement Rules · Context
Epic, not Apple, is responsible for addressing your or any third party’s claims relating to the Licensed Products or your possession or use of them, including product liability claims, claims that the Licensed Products fail to conform to a legal or regulatory requirement, and consumer protection claims. If a claim says the Licensed Products infringe a third party’s intellectual property rights, Epic, not Apple, is solely responsible for investigating, defending, settling and discharging it, if and to the extent required under the Terms.
Epic, not Apple, is responsible for addressing your or any third party’s claims relating to the Licensed Products or your possession and/or use of the Licensed Products, including: (i) product liability claims; (ii) any claim that the Licensed Products fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of a claim that the Licensed Products infringe on a third party’s intellectual property rights, Epic, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim (if and to the extent required under these Terms).
Legal Rights & Agreement Rules · Restriction or exception
You agree that the Terms do not confer rights or remedies on anyone other than the parties, except as expressly stated in the Terms or applicable law. Notwithstanding that, Apple and its subsidiaries are third-party beneficiaries of the Terms, and once you accept the Terms Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
You agree that these Terms do not confer any rights or remedies on any person other than the parties to these Terms, except as expressly stated in these Terms or applicable law.
Notwithstanding the foregoing, Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Legal Rights & Agreement Rules · Restriction or exception
You must comply with applicable third-party terms of agreement, such as wireless data service agreements with your carrier, when using Epic’s products or services. This paragraph appears at the end of the Apple iOS subsection and is not itself limited to Apple devices in its wording.
You must comply with applicable third-party terms of agreement (such as wireless data service agreements with your carrier) when using Epic's products or services.
Legal Rights & Agreement Rules · Context
For U.K. residents, the Terms say the liability disclaimers may not be enforceable against you. This sentence appears at the end of the Apple iOS subsection.
For U.K. Residents: The liability disclaimers may not be enforceable against you.
Legal Rights & Agreement Rules · Restriction or exception
Subject to Sections 1.2.1 and 1.2.2 and local applicable laws, the Developer is solely responsible for the offer, the content and any warranties related to the Developer-Made Content, and for any claims you may have related to it. If you have an issue with Developer-Made Content, Epic may facilitate communication between you and the Developer and propose a non-binding solution. Section 1.2.1 says that in the United Kingdom, European Union and European Economic Area there is no contract between you and the Developer for Redeemable Developer-Made Content acquired with Credits.
1.3 Subject to Sections 1.2.1 and 1.2.2 above and local applicable laws, the Developer is solely responsible for the offer, the content and any warranties related to the Developer-Made Content, as well for any claims that you may have related to the Developer-Made Content.
If you have an issue with any Developer-Made Content, Epic may facilitate communication between you and the Developer and propose a non-binding solution.
1.2.1: Notwithstanding Section 1.2 above, if you acquire Redeemable Developer-Made Content with Credits and are located in the United Kingdom, European Union, or European Economic Area, no contract for any sale or license between you and the Developer exists, as it relates to the Redeemable Developer-Made Content.
Legal Rights & Agreement Rules · Restriction or exception
Any dispute relating to Developer-Made Content must be resolved as a “Dispute” as defined in Section 17(b) of the Terms and must follow the procedures in Sections 16 and 17. The Developer of that content is an intended third-party beneficiary of the Terms and can compel a dispute to arbitration to the same extent as Epic. Section 17’s definition of “Dispute” covers any claim relating to a Licensed Product or the Terms, and Section 16 provides North Carolina governing law and, for non-arbitrable disputes, Wake County courts.
1.4 For avoidance of doubt, any dispute relating to Developer-Made Content must be resolved as a “Dispute,” as that term is defined in Section 17(b) of the Epic Games Terms of Service, and must be resolved following the procedures set forth in Sections 16 and 17 of those Terms.
The Developer of that Developer-Made Content is an intended third-party beneficiary of the Terms, and able to compel a dispute to arbitration to the same extent as Epic.
“Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that relates to any Licensed Product or the Licensed Products generally, your use or attempted use of a Licensed Product, or these Terms, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
will be decided under North Carolina law (where Epic Games is headquartered), excluding its choice of law rules.