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Timestamps are as follows:
00:12 Start, beginning of TOS.
00:45 Section 4, Game Currency and Content.
02:28 Section 5, User Generated Content (UGC).
04:08 UGC License to Epic.
07:55 Section 6, Feedback.
09:38 Section 8, Disclaimers and Limitation of Liability.
12:13 Section 9, Indemnity.
14:24 No refunds, period.
14:51 Section survival.
15:34 Section 11, Governing Law and Jurisdiction.
16:35 Section 12, Binding Individual Arbitration; Class Action Waiver.
17:25 12.1 (BIA) Informal Resolution.
18:44 12.2 (BIA) Small claims court.
19:00 12.3 (BIA) Binding Individual Arbitration.
20:06 12.3.1 (BIA) Disputes We Agree to Arbitrate.
21:57 Cheats lawsuit of a 14 year old.
25:23 12.3.5 (BIA) Arbitration Procedure.
25:32 12.6 (BIA) Your 30-Day Right to Opt Out.
26:33 18.1 Sony PlayStation Users.
All music is by Unfound.
You doing having a good day having a hungry day up you are there’s’s been a lot of controversy. We get the games. So here’s a little while i was sick just reading the epic games terms of service.
Fan content policy and their terms of service rules for the websites. You an epic. Agree to resolve disputes between us and the individual arbitration.
Not in court. This agreement. Contains of a binding individual arbitration and class action waiver provision.
It’s ii can’t even see them. But now this right here. But game currency and content epic may offer you the ability to require licenses to indian currency or content.
Such as purchasing. A limited license to you regardless of any references epic may make outside a disagreement to purchasing or selling your game. Currency or content.
Both game currency and content are licensed. So you don’t even own the money in the game. Wow.
Not sold to you under the license. So they basically could just remove your endgame money and it’s perfectly. Oh yeah.
That’s not all there’s so much about this like how you have no control over the money except as otherwise prohibited by applicable law epic in it so description has the absolute right to manage modify substitute replace suspend cancel or eliminate game currency or content. So they can get rid of your deal dlcs in game items and other currency or anything in your game. Without notice or liability to you just including your ability to access or use game currency content.
So if you bought it game. They could just be like buy it again. What kind of shitty license is this epic reserves and retains all rights title and interest property or otherwise.
In and to the game currency and content epic may provide features through the software. The services that allow you to create develop modify or contribute content. Ugz and to upload publish or otherwise make available ugc to some or all users of the services.
I just love this part ugc includes without limitation buildings hat posts chat posts. So what you’re saying. Is that they own or even private chat post between users yes.
That’s so evil. I don’t know what you’re talking about that’s not evil at all why would you ever think such a thing you’re dumb stupid and ugly so character data game customization in game constructions replays cinematic scripts and programs modes gameplay.
So your gameplay period. Your gameplay you are littering being recorded in games urls of replay function and they own not only the replay that you made. But your gameplay of the replay experiences.
Interactive. Features. They own your screen.
Sud. Your music sounds sound recording and the musical works embody to their in audio visual combinations. Musical works animations and other types of works stand alone or in combination if you take a screenshot of fortnight they own that screenshot and they can do whatever the they want license to epic.
If you make or have made available any ugc in the services you give epic permission to host copy in part store modify adapt display publicly perform including by means of digital audio transmissions. Reproduce and make mechanical reproductions of musical works embodied and sound recorded create derivative works including synchronized. A visual images publicly display transfer sublicense and distribute collectively used at ugc in whole or in part including for commercial publicity and marketing purpose in any country.
This permission is perpetual and irrevocable and applies to any media platform or channel in connection with the software and services. So they own everything every single thing that you do in the slightest. They completely are the best part both is the rights you grant to epic in this section are provided on the through to the audience basis which means the owners or operators of third party services will not have any separate liability to you or any other third party for you dc provided to or use dirt such third party services.
Via the service epic needs these permissions in order to make your agency. Available to players uh huh. This is so stupid.
These rights need to be irrevocable because of the many channels in which you juicy is distributed by and you also others are creative yeah off you understand that you are not entitled to receive any compensation. These incineration for an ares including epics exercise of the rights. You grant to epic in this section epic is not obligated to exercise the rights.
You grant and this is later this is so and then your feedback to the fullest extent permitted by law you wave and agree to waive all rights of authorship hat annuity attribution integrity disclosure withdrawal and any other rights that are known or referred to as one where an artist rights right moral or other similar right recognized under any legal or equitable theory of any country or under any treaty regardless of whether that right is referred to as moral right collectively moral rights in end to your you deceive. You further. Knowingly and irrevocably agree to not exercise any moral right in and to your ugc that you have not waived in any manner that interferes with exercise of granted rights you waive and agree not to assert your moral rights.
Even if your ugc is altered or changed in a manner not agreeable to you oh my god you have no right so you basically have no rights. You’re basically here slave literally. I mean i love how they put that in their moral right isn’t that fun this is the most nazi.
I’ve ever seen a video game company yet they’re worse than ea somehow. Yeah. I don’t we finally have the new crown victor of the worst video game company to exist don’t worry though they consider your feedback as ugc if you provide epic with any feedback.
You hereby grant epic. A non exclusive. Only paid royalty free worldwide perpetual irrevocable sub licensable transferable.
An assignable license to use reproduce distribute modify adapt prepared derivative works based on publicly performed publicly display make have made you sell offer to sell import and otherwise exploit any and all feedback for any purposes for all content and future methods and forms of exploitation feedback means suggestions comments. I to use and other types of information including software and code. That you provide publish or otherwise.
Communicate directly or indirectly including your employees agents contractors or representatives to epic or its agents that relates to the services or software. If any such rights may not be licensed under applicable law such as moral and other personal right you hereby wave and agree not to assert any such rights.
You understand and agree that epic is not required to make any use of any feedback that you provide you agree that if epic makes and use of your feedback epic is not required to credit or compensate you for contribution you represent and warrant that you have sufficient rights in any feedback that you provides an epic to grant and other affected parties and the rights described above this includes but not limited to intellectual property rights and the other proprietary for personal rights. We’re gonna make that a feature in the game and we’re gonna exploit this as much as you can but we’re not gonna credit you in the slightest and you know what we own this idea well it doesn’t matter if you suggested it epic. It’s licensers and it’s and their affiliates.
Do not guarantee. Continuous and are free virus free or secure operation of or access to the software or services. This paragraph will apply to the maximum extent permitted by applicable law do they can affect your computer.
And it’s perfect yeah. It literally is right there i mean we don’t say that it’s gonna be virus free. So i mean you can’t sue us for having a virus and i mean yes everybody’s computer get even more information that it still needs yeah you know the usual company.
So it goes from their platform. Being a piece of spyware and are in running a majority of it scans. While the software’s open to them literally being able to install legitimate spyware on your machine.
Because you said. It was allowed to be there to the maximum extent permitted by applicable law. Neither epic nor its licensers nor its or their affiliates nor any of epik service providers collectively the epic parties shall be liable in any way for any loss of profits or any indirect incidental.
Consequential special hunter to deliver or explore any damages arising out of or in connection with this agreement or the software including any game currency or content or services or the delay or inability to use or lack of functionality of the software services even in the event of an epic hearties all port including negligence rex liability indemnity product liability reach of contract breach of warranty or otherwise than even if an epic party has been an advisor with the possibility of such damages. Whether did the maximum extent permitted by applicable law. The aggregate liability of epics parties arising out of or in connection with this agreement or the software including any game currency or content or services will not extend the total amounts you have paid if any two epic software including any game cards or content during the 12 months immediately preceding the events giving rise such liability.
These limitations and explosions regarding damages. Apply even if any remedy falls to provide adequate compensation. So if you get a virus and your up and you lose money from this they’re not liable they’re not liable.
Even if the virus came from them the way. It was written so they can literally infect your machine and get away with it no probably down with him this section. Only applies to the extent permitted by applicable law.
If you are prohibited by law from entering in is the indemnification obligation below. Then you assume to the extent permitted by law all liability for claims demands actions losses liabilities and expenses. Including attorneys fees costs and expert witnesses fees that are stated in subject matter that an indemnification obligation below.
You agree to indemnify hey. The defense costs of and hold epic. It’s licensers and their affiliates and its and their employees officers directors agents contractors and other representatives less from all claims demands actions losses liabilities and expenses.
Including attorneys fees costs and expert. Witnesses needs that arise from or in connection with any claim that if true would constitute a breach by you if this agreement or negligence by you be any act or omission by you using the software including any game currency or content or services or see any claim of infringement or violation of any third party intellectual property rights arising from epics use of your ugc or feedback as provided under sections. 5 or 6.
In this agreement. You agree to reimburse epic on demand of any defense costs incurred by epic and any payments made or loss suffered by epic. Whether in a court judgment or settlement based on any matter covered by the section.
9. So it only do them you’re paying their court case.
How i don’t i don’t even understand how in the hell.’d something like that can even exist like the first literally situations like this indemnification. Only applies for a very specific situation.
Let’s say if you’re an investor to a corporation. Etc. It should never in this situation applied to somebody who’s using a game software.
Yeah. The state of indemnification is beyond anything compensate someone for harm or loss secure someone against legal liability for their actions. Now here’s the best part except to the extent required by law.
All payments and fees are non refundable under all circumstances regardless of whether or not this agreement has been terminated so they’re not gonna add refunds to their platform. They’re not gonna allow you to do anything when it comes to refunding in the slightest unless. It’s required by law.
So you can’t sue them and they won’t give you your money back. Even if they should sections 2 5. Through 13 and 15 through 17 will survive any termination of this agreement.
Meaning section. 2 up here their license conditions 5 3. Eleven all user generated content.
They still own even after termination. All feedback. They own all third party licenses they have control over the limitation of liability is still in effect your indemnification is still in effect and these ones that we don’t even know about are in effect.
Even after termination of the agreement. After you’ve uninstalled the epics games. Launcher.
After you accept this license agreement. They still apply governing law and jurisdiction. This agreement is entered into the state of north carolina in usa.
And shall be governed by and construed in accordance with the laws of the state of north carolina. Exclusive of its choice of law rules for any disputes deemed not subject to binding individual arbitration. That’s provided in this section immediately below you and epic agree to submit the exclusive jurisdiction of the superior court of wake county north carolina.
Or if federal court jurisdiction exists. The united states district court for eastern district of north carolina. You will in epic agree to waive any jurisdictional venue or in convenient form objections to such courts.
Without infecting you to parties rights to remove a case to federal court. If permissive as well as any right to a jury trial that 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 this agreement.
Its paragraph will be interpreted as broadly as applicable law permitted by the individual arbitration. Collapse action waiver.
Please read this section carefully it affects your rights including your right to file a lawsuit in court. Most issues can be resolved quickly and amicably believe eye contact you have to customer support. Well.
We understand that sometimes disputes can easily be resolved by customer support this section. Explains how you an epic agree to resolve those disputes. Quitting work like a binding individual arbitration arbitration.
Is an alternative dispute resolution procedure that allows us to resolve issues without the formality of going to court any dispute between you and epic is submitted to a neutral arbitrator. Not a judge or jury for fair and fast illusion arbitration is more efficient for both you and epic and controllable by us because we can pay the neutral arbitrator to be in our favor in formal resolution. If you have an issue that our customer support can’t resolve prior to starting an arbitration.
You an epic agreed to attempt to resolve the dispute in formula to help us would resolution and control costs for both parties. Un epic agreed to make a good faith effort to negotiate dispute between us. For at least 30 days.
Informal. Resolution. Those informal negotiation.
Students will start the day. You and epic receive. A written notice of dispute in accordance with this agreement you will send your notice a dispute to epic games.
Inc. Legal department attention notice of eid box five two four two four seven four walnut street cary. North carolina.
Whose seven five one eight usa include your name account name you use while playing for tonight address how to contact you what the problem is and what you want epic to do if that because the dispute with you epic will send our notice. The dispute to your registered email address and any billing addresses you have provided us any originai to the european union. May also be entitled to submit your complaint opinions commission online dispute resolution od.
Our platform odr allows you consumers to resolve speed related to the online purchases of goods and services. Without going to court. If the dispute isn’t resolved.
Within an informal resolution or small claims court below you or epic. May start an arbitration in accordance to this agreement. Small claims court.
Instead of using a formal resolution. You and epix agree that you may sue us in small claims court in your choice of the county. Where you live or wake county north carolina.
If you meet the requirements of the small claims court. We hope you’ll try informal resolution. First.
But you don’t have to before going to small claims court binding individual arbitration. The arbitration proceedings in this section would be conducted individual basis.
Only human epoch. Agree the disputes will be settled by binding individual arbitration conducted by the judicial arbitration. Mendacious services and corporate jams subject to the us federal arbitration act in federal arbitration law and according to the jams streamlined arbitration rules procedures effective july 1st 2014.
The jams rules has modified by this agreement this means that you and epic agreed to a dispute resolution process. Where we submit any dispute to a neutral arbitrator. Not a judge or jury.
That makes the final decision to resolve the dispute. Jams uses experienced professionals to arbitrate disputes. Which helps you and epic resolving disputes fairly.
But more quickly and efficiently than going to court arbitrator may award. The same remedies to you individually as the court could but on to the extent required to satisfy your individual claim. The arbitrator’s decision is final.
Except for a limited review by courts. Under the us federal administration. And it can be enforced like any other court order or judgment disputes.
We agreed to arbitrate you an epic agree to submit all disputes between you and epic to individual binding arbitration dispute means any dispute claim or controversy except those specifically exempted below between you and epic that relate to your use or attempted use of epics products or services and epics products and services generally including without limitation the validity enforce ability or scope of this binding individual arbitration section. You and epic agreed to arbitrate all disputes. Regardless of whether the dispute is based in contact statute.
Relation ordinance or including fraud misinterpretation misrepresentation. Fraudulent. Inducement or negligence or any other legal equitable theory.
It’s basically saying you know if epipens fraud. You know that’s perfectly fine you’re supposed to dispute whatever don’t you know you don’t love to sue them the informal resolution arbitration sessions do not apply to one individual actions in small claims court the suit of enforcement actions through a government agency. If the law allows a complaint or remedy under the eu general data protection rights gdpr.
Which they’re not complying to by the way. The gdpr is requiring your information that they stored to be always accessible to you if you want to request your information bang bang. You have it.
But they haven’t been doing that they’ve been breaking the gdpr and they’re currently being investigated for that and for an action to compel or uphold any prior arbitration discussion decision ethics rights to seek injunctive relief against you in a court of law or to preserve the status quo. While in arbitration proceeds six claims of piracy creation distribution or promotion of cheats and intellectual property infringement. And seven the enforceability of the class action waiver clause below you and epic.
Agree that whether a dispute is subject to arbitration under this agreement will be determined by the arbitrator rather than the court. So right here they’ve already subjected that they did this right here sheets. They didn’t go through an arbitration for sheets.
If you remember somebody was sued. Because they were producing or advertising sheets. The entire youtube channel was completely shut down.
And that one person was just killed basically they have fees up the ass and they just basically can’t survive. Now judges go against him.
They sued a 14 year old like many other online games for tonight is the target of cheaters. Who look to ruin the experience for other players epic games. Check cheating and for tonight.
Very seriously. The point where it has pursued legal action against cheaters epic is now continuing with a lawsuit against one particular fourteen year old cheater. I mean i this is amazing how you have to write something like that epic is now continuing with the lawsuit against one particular fourteen year old cheater.
A fourteen year old epics lawsuits against a fourteen year old you months ago. The defendants mother released the letter that was interpreted by a judge as a motion. Dismiss the lawsuit.
However epic has now released a 17 page document that argues against the point of the mother made in her letter indicating its attention to continue with the lawsuit jesus christ. It’s right here this this letter is in response to alleged allegations of copyright infringement via epic games inc. This conference is subbed to sue a fourteen year old child they are claiming.
He prepared derivative works based upon a copyrighted work on public. However epic games inc. Failed to legally bind underaged users with their a ola agreement.
Which this contract between the licensure and purchaser establishing the purchasers right to use the software that being said the game itself was in fact free no purchases said game occurred. Which is completely valid. Minor means a purchase under the age of 18 soda has not been court emancipated.
This is legitimate all this is true but they still went after and because of these stupid laws that they’ve impacted into this all of these others you saw that some of these don’t even apply to people who are underage. They just took away all moral rights in one of those sections that you saw. Epics document is an attempted to deny the motion for dismissal.
If six let’s read this one for tonight’s developer epic games have found themselves in deep water. After pursuing a legal action against two cheetahs in this game. As it turns out one of the cheaters is actually a fourteen year old boy.
And that mother is looking to fight back blah blah blah. Turns out whoopsie epic kept pursuing empty testament. And it could result in the default ruling.
In favor of epic. Where the studio would be entitled to monetary compensation. Previously at settlement was reached where sierra was issued a permanent injunction.
That would cost five thousand dollars at brees. I may find it harsh that epic is pursuing legal action against a minor but others will point out that the individual knowingly buried short minutes shut the up. It’s worth pointing out that this is the first time epic is pursued legal action against portland cheaters epic.
The willingness to take 49 peters to court would potentially deter others for in attempting to alter the game’s code. Yeah off defendant does the cheater setup at games and it’s october 2017 lawsuit against a 14 year old boy nobody likes a cheater and nobody likes playing with cheaters. This is so up yeah well ea has been dethroned.
Yeah. You would have to do something.
Even more nasty to take back number ones. We bet has taken down as youtube channel as well. But don’t worry.
There’s more you’re gonna have big agree that whether dispute is an arbitration. There is a law the continuation in effect this binding individual arbitration section. Survives any termination of this agreement a fix provision this to you you’re a thirty day right to opt out you have the right to opt out and not be bound by arbitration class action waiver provision set forth in this agreement to exercise.
This right. You must send written notice of your decision to the following addresses epic games. Ai.
N’t legal department attn arbitration. Opt out box. Two five four two four seven four walnut street cary.
North carolina. Two seven five one eight usa. Your notice must include your name mailing address and account name.
You use while playing for tonight. And state that you do not wish to resolve disputes with epic through arbitration to be effective this notice must be postmarked or deposited within thirty days of the date on which you first accepted this agreement. Unless a longer period is required by applicable law.
Otherwise you will be bound to arbitrate disputes in accordance with the section you are responsible for ensuring that epic receives your opt out notice so that you may wish to send it by a means that provides for delivery. Receive the following additional terms and conditions apply with respect to the software available for use on playstation devices that you own or patrol please note. That epic will store sony entertainment network account information including your email address in online.
And wow. This is this is the by definition an evil company for tonight end user license agreement jesus christ epic. What the it’s incredible this i have no words right now.
This is this is beyond evil. This is this is arresting your rights literally in that section. You have no rights.
You have ugc not anymore we own it you want to use your rights and try to defend yourself sorry dude. You have you want to defend yourself. In some way somehow after that even though have no rights sorry dude.
We’ve got arbitrations and we own the contract under the blah blah blah blah. But holy this is taking things to a whole nother degree. I’m not gonna accept that in the slightest.
I for that can go screw itself. Thank you um thank you for watching this behind my merch. .
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