Epic Games V CBV

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION
Civil Action No.: 5:19-cv-250
)
EPIC GAMES, INC., )
)
Plaintiff, )
)
v. )
COMPLAINT
)
C.B., )
)
Defendant. )
)
)
)
Plaintiff Epic Games, Inc. (“Epic” or “Plaintiff”) complains of Defendant C.B.1
(“Defendant”) as follows:
NATURE OF THE ACTION
1. This is a civil action seeking injunctive relief and damages for (i) copyright
infringement in violation of the Copyright Act, 17 U.S.C. §§ 106 and 501, et seq.; (ii)
contributory copyright infringement in violation of the Copyright Act, §§ 106 and 501, et seq.;
(iii) circumvention of technological measures in violation of the Digital Millennium Copyright
Act (“DMCA”), 17 U.S.C. §§ 1201(a)-(b), 1203; and (iv) trafficking in technology that is
primarily designed, produced, and marketed for the purpose of circumventing a technological
measure that effectively controls access to a copyright protected work in violation of the DMCA.
1
On information and belief, Defendant is a minor. Pursuant to F. R. Civ. P. 17(c) and Local
Civil Rule 17.1(a), the summons for this Complaint will be filed under seal and the minor’s
address redacted from the certificate of service, and service of process will be made on the
minor’s mother and general guardian.
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Case 5:19-cv-00250-FL Document 1 Filed 06/18/19 Page 1 of 28
2. The Copyright Act protects the owners of creative works from the unauthorized
use of those works by others. The right to prepare derivative works based upon a copyrighted
work and to publicly perform and display a copyrighted work (or derivatives thereof) are some
of the exclusive rights granted to copyright holders under the Act. The definition of derivative
work encompasses any form in which the original work may be recast, transformed, or adapted.
The exclusive right of public performance includes the public broadcast of audiovisual works,
and the exclusive right of public display includes the right to show a copyrighted work, or a
portion or an image of it, to the public. With a few exceptions that do not apply here, it is
unlawful to make unauthorized derivative works, and to publicly perform and/or publicly display
such works without the permission of the copyright owner. It is likewise unlawful to induce,
cause, or materially contribute to the creation of unauthorized derivative works by others.
3. The DMCA was enacted in 1998 to bring the Copyright Act into the digital age.
Among other things, the DMCA provides that a copyright holder may send an Online Service
Provider (an “OSP”) a written notification of claimed infringement (a “notice”) which provides
the OSP with certain statutorily-mandated information and serves as notice to the OSP that it is
hosting content that infringes the copyright holder’s rights. In order to avoid potential secondary
liability for hosting the infringing material, the OSP must remove or disable it after receiving the
notice and notify the user who posted it. In response, the user who posted it may submit a
counter notification stating that the material was removed due to mistake or misidentification.
Once submitted, the counter notification commences a 14-day period during which the copyright
holder who submitted the notice must file an action which seeks to restrain the user from
engaging in infringing activity. If the copyright holder does not file the action, the OSP is to
restore the material at issue.
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4. The DMCA prohibits the circumvention of any technological measure that
effectively controls access to a copyright protected work and trafficking in circumvention
technology. It grants copyright owners the right to enforce these prohibitions.
5. This is a copyright infringement case in which the Defendant is infringing Epic’s
copyrights by using, marketing, selling, and trafficking in cheat software, part of which is
primarily designed to circumvent technological measures that effectively control access to the
code of Epic’s popular game, Fortnite®.2 Defendant’s cheat software injects unauthorized
computer code into Epic’s copyright protected Fortnite code to allow its users to cheat at
Fortnite. In so doing, Defendant creates unauthorized derivative works of Fortnite by modifying
the game’s code and, thus, materially alters the game that the code creates and, with it, the
experiences of those who play it and those who watch it being played.
6. Defendant posts on his YouTube channel videos of himself playing and cheating
at Fortnite by using cheat software (“cheats” or “hacks”) to unlawfully modify Fortnite’s
software code.
7. Although he claims to “cheat for fun and entertainment, not to essentially steal
from those that work hard at what they do,” Defendant uses the videos he creates to induce and
enable others to cheat at Fortnite by demonstrating and promoting the hacks he sells, and
directing would-be cheaters to websites where the hacks may be purchased. (True and accurate
screenshots of Defendant under the name “CBV” discussing his cheating ethos and promoting
the sale of hacks are attached hereto as Exhibits A and B with Defendant’s name redacted from
Exhibit A.)
8. On information and belief, Defendant financially benefits from these sales.
2
Game names that are registered trademarks of Epic are shown with the federal registration
symbol the first time each game name appears and without it thereafter.
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9. These ill-gotten gains come at the expense of Epic and members of the Fortnite
community. Defendant’s cheating and inducing and enabling of others to cheat ruin the game
playing experience of players who do not cheat because they create an uneven playing field,
violate universally understood notions of fair play, and diminish the integrity of the game.
10. Defendant’s conduct is profoundly damaging to Epic because cheating by a
relatively small number of players can ruin the experiences of many others.
11. The most visible harm from Defendant’s acts may occur in a virtual world but it is
felt in the real one. Defendant’s cheating and enabling others to cheat detract from the pleasure
Fortnite’s players and audience take from the game.
12. Defendant’s conduct is offensive to many members of the Fortnite community,
whose enthusiasm about the game is a significant part of what has made the game so successful.
13. Defendant is ruining not only the games in which he plays and cheats, but also
those in which people play and cheat using the hacks he advertises and sells. Each one of these
games is important to the 99 other people playing it. None of those other players enjoy being
cheated.
14. The use of the cheat software Defendant promotes and sells, both by Defendant
and by those he has enabled to cheat, infringes Epic’s copyrights in Fortnite and, on information
and belief, violates the DMCA’s anti-circumvention and anti-trafficking prohibitions.
15. Neither Defendant’s use of these cheats nor the YouTube videos in which
Defendant markets the cheats are fair or fair use. They are unfair and unlawful.
16. Accordingly, Defendant should be permanently enjoined from continuing to
engage in the conduct complained of herein, his profits should be disgorged, and he should be
made to pay Epic damages and its attorney’s fees.
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JURISDICTION AND VENUE
17. This Court has jurisdiction over the subject matter of Plaintiff’s federal claims
under 28 U.S.C. §§ 1331 and 1338(a) because this action arises under the Copyright Act, 17
U.S.C. §§ 106 and 501, et. seq.
18. This Court has personal jurisdiction over Defendant because, as described below,
he agreed to be subject to the exercise of jurisdiction over him by the courts in this District. This
Court also has personal jurisdiction over the Defendant because he has purposefully availed
himself of the privileges of conducting activities and doing business in North Carolina and in this
District, thus invoking the benefits and protections of North Carolina’s laws, by entering into
contractual agreements with Epic in North Carolina, and repeatedly accessing Epic’s servers,
which are located in this District.
19. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and 1400(a)
because this is a district in which a substantial part of the events giving rise to Plaintiff’s claims
occurred, in which Defendant committed acts of copyright infringement, and/or where Plaintiff’s
injuries were suffered. Venue is also proper in this District because, as described below,
Defendant consented to venue in this District.
THE PARTIES
20. Epic is a corporation duly organized and existing under the laws of the State of
Maryland. Epic is registered to do business in North Carolina and has its principal place of
business in Wake County, North Carolina.
21. On information and belief, Defendant C.B., a.k.a. “CBV,” is a minor citizen and
resident of Illinois.
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FACTS APPLICABLE TO ALL CLAIMS
Epic and Fortnite
22. Founded in 1991, Epic is a Cary, North Carolina-based developer and publisher of
computer games and content creation software. Epic is recognized worldwide as the creator of
the Unreal®, Gears of War®, and Infinity Blade® series of games. Epic is also globally known
as the creator of the Unreal Engine® game engine and suite of content creation tools. More
recently, Epic released the virtual reality game Robo Recall®, and Fortnite.
23. First released in a limited manner in October 2013, Fortnite’s first game mode,
now known as “Fortnite: Save the World,” is a co-op survival and building action player vs.
environment (“PvE”) game in which players may join together online to build forts, weapons,
and traps in an effort to rebuild and defend towns left vacant in the wake of “the Storm” from the
monsters that populate this Fortnite world.
24. Fortnite was released broadly on July 25, 2017.
25. Fortnite’s free-to-play “Battle Royale” game mode was released to the public on
September 26, 2017. (A true and correct screen print from the Fortnite page on Epic’s website
[available at: https://www.epicgames.com/fortnite/en-US/play-now/battle-royale] that provides a
glimpse of the characters that populate Fortnite’s fanciful and cartoonish world is pictured below
at Figure 1.)
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Figure 1
26. Like other games in the “battle royale” genre, Fortnite Battle Royale involves
dropping (in Fortnite, by glider from a flying “battle bus”) a limited number of players into a
large map. Fortnite Battle Royale combines Fortnite’s building skills and destructible
environments with intense player vs. player (“PvP”) combat.
27. As the game goes on, the encroaching storm shrinks the habitable part of the map,
forcing surviving players closer and closer together. The players battle each other until the last
player or team remains standing. That player or team wins the game.
28. In designing Fortnite Battle Royale, Epic made a conscious choice not to sell
items to players that would give any player a competitive advantage. This decision was made to
ensure a fair playing field for all.
29. Since its broad release on July 25, 2017, the Fortnite community has grown to
almost 250 million accounts, and sometimes has more than 8 million concurrent players.
30. In addition to the tens of millions of people who actively play Fortnite, tens of
millions of others watch “streamers” broadcast (or “stream”) Fortnite game play on various
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platforms, including YouTube and Twitch, Amazon’s popular online service for watching and
streaming digital video, where Fortnite is reportedly one of the most-viewed games.
31. The Fortnite channel on Twitch has 30,594,594 followers. In the second week of
May 2019, Fortnite ranked number one on Twitch with 29.5 million hours total number of hours
watched.
32. To encourage and support Fortnite’s players and its audience, in May 2018 Epic
announced that it would provide $100 million dollars to fund prize pools for Fortnite e-sports
competitions.
Epic’s Copyrights in Fortnite
33. Epic is the author and owner of all the rights, title, and interest in the copyrights in
Fortnite, including without limitation, in its computer software and the audio-visual works that
software creates.
34. Epic’s copyrights in various versions of Fortnite’s computer code are the subjects
of U.S. Copyright Registration Nos. TXu01-895-864 (dated December 18, 2013), TX008-186-
254 (dated July 14, 2015), TX008-254-659 (dated March 3, 2016), TX008-352-178 (dated
December 23, 2016), and U.S. Copyright Reg. No. TX0008-507-210 (dated March 21, 2018)
(True and correct copies of these certificates of registration are attached hereto collectively as
Exhibit C.)
Epic’s Terms of Service
35. In order to play Fortnite on PC—which is the platform on which Defendant is
accessing and cheating at Fortnite—a user must first create an account with Epic. In order to
create an account, a would-be user must affirmatively acknowledge that he or she has “read and
agree[d] to the Terms of Service” (the “Terms” at pg.1.) (A true and correct copy of the Terms
of Service is attached hereto as Exhibit D.)
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36. The Terms apply to any use of, or access to, Fortnite using one’s PC, as
Defendant did in this case.
37. The Terms also apply to any use of Epic’s websites by any “guest or [] registered
user” of “any content, functionality, products, and services offered on or through” Epic’s
websites. (See id. at 1.) This encompasses Epic’s Fortnite website and its guests and registered
users.
38. The Terms further apply to a user’s “use of other Epic services that display or
include [the] Terms.” (Id.) This, too, covers Fortnite and those who use it.
39. The Terms request that users read the Terms “carefully” before beginning to
access or use Epic’s services. (Id.)
40. The Terms provide that “[b]y using [Epic’s s]ervices, [the user] accept[s] and
agree[s] to be bound and abide by these Terms . . .” (Id.) The Terms further provide that a user
who does not want to agree to the Terms “must not use [Epic’s] services.” (Id.)
41. The Terms include a section on “Governing Law and Jurisdiction,” which
provides that “[a]ny dispute . . . arising out of or related to these Terms (“Claim”) shall be
governed by North Carolina law . . . . For any disputes deemed not subject to binding individual
arbitration . . . you and Epic agree to 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.” (Id. at 3.)
42. The Terms specifically exempt “claims of piracy, creation, distribution, or
promotion of Cheats (i.e., means programs, methods, or other processes which may give players
an unfair competitive advantage in Fortnite), and intellectual property infringement” from
arbitration. (Id. at 3.)
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43. The Terms further provide that, by agreeing to the Terms, the user “agree[s] to
waive any jurisdictional, venue, or inconvenient forum objections to such courts ….” (Id.)
44. The Terms explain that the services “including all content, features, and
functionality thereof, are owned by Epic, its licensors, or other providers of such material and
are protected by United States and international copyright . . . laws.” (Id. at 1.)
45. The Terms also inform the user that use and access of certain “software or
services . . . may be subject to separate agreement . . . such as end user license agreements.”
(Id.)
46. The Terms also include an “Intellectual Property Rights” section which sets forth
the permissions users have with respect to Epic’s intellectual property and things that users are
prohibited from doing. Specifically, the Terms provide that users:
a. are “permitted to use [Epic’s s]ervices for [their] personal, non-
commercial use only or legitimate business purposes related to [their] role as a current or
prospective customer of Epic”; but
b. “must not copy, modify, create derivative works of, publicly display,
publicly perform, republish, or transmit any of the material obtained through
[Epic’s s]ervices, or delete, or alter any copyright, trademark, or other proprietary rights
notices from copies of materials from [Epic’s s]ervices”; and
c. “must not reproduce, sell, or exploit for any commercial purposes any
part of [Epic’s s]ervices, access to [Epic’s s]ervices or use of [Epic’s s]ervices or any
services or materials available through [Epic’s s]ervices.”
(Id. at 1-2.) (emphasis added).
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Fortnite End User License Agreement
47. In order to play Fortnite on PC, as Defendant did here, a user must first
acknowledge that he or she has read and agreed to abide by the terms in the Fortnite End User
License Agreement for PC (“EULA”). (A true and correct copy of the EULA is attached hereto
as Exhibit E.)
48. The EULA applies to any user who downloads, uses, or “otherwise indicat[es]
acceptance” of the EULA. (Id. at 1.)
49. Like the Terms, the EULA explicitly requests that individuals read the EULA
“carefully.” (Id.) The EULA further makes clear that the EULA “is a legal document that
explains [the user’s] rights and obligations” in connection with the access and use of Fortnite.
(Id.)
50. The EULA includes a section titled “Governing Law and Jurisdiction” under
which the user agrees that the EULA will be deemed to have been made and executed in the
State of North Carolina. (Id. at 5.)
51. This section of the EULA further provides that “[users] and Epic agree to 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.” (Id.)
52. Under this section of the EULA, the user agrees to “waive any jurisdictional,
venue, or inconvenient forum objections to such courts.” (Id.)
53. The EULA specifically exempts “claims of piracy, creation, distribution, or
promotion of Cheats (i.e., means programs, methods, or other processes which may give players
an unfair competitive advantage in Fortnite), and intellectual property infringement” from
arbitration. (Id. at 3.)
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54. The EULA grants an individual user “a personal, non-exclusive, non-transferable,
non-sublicensable limited right and license to install and use the Software on compatible devices
[the user] own[s] or control[s] for [the user’s] personal entertainment use.” (Id. at 1.)
55. Epic also includes a “License Conditions” section in its EULA. (Id.) In that
section, the EULA specifically defines certain prohibited activities and states that a player may
not:
a. “copy, reproduce, distribute … , display, or use [Fornite] in a way
that is not expressly authorized in this Agreement;”
b. “reverse engineer, derive source code from, modify, adapt, translate,
decompile, or disassemble it or make derivative works based on it;” and
c. “create, develop, distribute, or use any unauthorized software
programs to gain advantage in any online or other game modes;” and
d. “behave in a manner which is detrimental to the enjoyment of the
Software by other users as intended by Epic.”
(Id. at 1-2.) (emphasis added.)
Defendant and His Unlawful Acts
56. Defendant is a cheater.
57. Nobody likes a cheater. And nobody likes playing with cheaters.
58. Defendant not only cheats, he advertises and sells cheat software that enables
others to cheat.
59. Defendant uses, markets, and sells what he calls “hacks” to unlawfully modify
Fortnite’s software so that he and his customers have an unfair competitive advantage over other
players when playing Fortnite.
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60. These hacks give the cheater using them power to do or see things that others
players cannot.
61. For instance, “aimbots” enable those who use them to automatically target and
kill other players without having to carefully aim their weapons. Hacks that include “ESP”
enable those who use them to see what they are not intended to see, including other players who
would otherwise be out of sight and valuable hidden “loot.” Likewise, “wallhacks” enable those
who use them to see other players hiding behind walls and other obstructions. “Spoofers” allow
their users to circumvent cheating bans by disguising the Hardware ID (“HWID”) associated
with the computer that they used to cheat.
62. Defendant’s hacks give those who use them a decided and unfair competitive
advantage over other players.
63. Epic does not allow or support cheats in Fortnite, including in Fortnite Battle
Royale.
64. Defendant downloaded and accessed Fortnite.
65. Defendant has used cheat software while playing Fortnite.
66. Defendant promotes and sells cheat software to third parties for his own personal
financial gain.
67. In selling the cheat software he promotes, Defendant has trafficked in technology
part of which was primarily designed, produced, and marketed for the purpose of circumventing
a technological measure that effectively controls access to Fortnite.
68. Both Defendant and third parties who have purchased Defendant’s cheats have
used the cheats to (a) unlawfully circumvent technological measures that effectively control
access to the Fortnite software and (b) modify Fortnite’s code so that they have an unfair
competitive advantage over other Fortnite players.
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Defendant’s Unlawful Cheat Software
69. The cheat software used by Defendant (and by those to whom Defendant sells
such software) improperly injects unauthorized code into the active memory of the game as it
runs. The cheats manipulate the functionality of the game and give the cheater an unfair
advantage over other players, changing and disrupting the game.
70. This unauthorized modification of the game’s code as it runs on the cheater’s
computer and of the code that is sent back to Epic’s servers materially changes both the game’s
code and the audio visual aspects of the game generated by the code. These changes create a
different, but substantially similar, version of the Fortnite game than the Fortnite game generated
by Epic’s copyright protected software.
71. In using cheat software to modify the game’s code in this way, Defendant and
other cheaters who use the cheats create unauthorized derivative works based on Fortnite in
violation of the Copyright Act.
72. In an effort to protect Fortnite’s code from cheaters like Defendant and his
customers, Epic put in place certain technological measures to effectively control access to
Fortnite’s copyrighted code.
73. The cheats Defendant uses, distributes, and sells are specifically designed to
circumvent these technological measures.
Defendant’s Advertising of Cheat Software Using Fortnite Videos
74. Defendant operates a YouTube channel under the screen name “CBV,” which is
available at <https://www.youtube.com/channel/UCYhPTtfyt2VQOCsvqe5y2MA/featured> (the
“CBV Channel”).
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75. Defendant created and posted on his CBV YouTube channel several videos in
which he uses the hacks to cheat while playing Fortnite. He posted these videos to demonstrate,
advertise, and market the hacks he sells.
76. Defendant’s posting of Defendant’s infringing videos infringes Epic’s exclusive
rights to publicly display and/or publicly perform its copyrighted works in violation of the
Copyright Act.
77. Between February 3, 2015 and the present, Defendant used the CBV Channel to
post videos of himself cheating while playing various videogames, including Fortnite. These
videos were available at <www.youtube.com/watch?v=pONPQ8LTzlg>,
<www.youtube.com/watch?v=IDvPS9kISnA>, <www.youtube.com/watch?v=FKJXYWi20f0>,
<www.youtube.com/watch?v=83Cd6-HHSEc>, <www.youtube.com/watch?v=dDW-
SAsFw31>, and <www.youtube.com/watch?v=6cwXd1kGyuE>, (“Defendant’s infringing
videos”). (True and correct copies of screen prints from the CBV Channel, including those
showing Defendant’s infringing videos, are attached collectively hereto as Exhibit B.)
78. In each of these videos, Defendant demonstrated his use of the cheats to
unlawfully modify the Fortnite game.
79. In one video titled “AIMBOT HACKING GAMEPLAY [Fortnite AIMBOT +
ESP]”, Defendant demonstrated how the cheat software he was advertising allowed him to
eliminate 20 out of the 99 other players. (A true and correct copy of a screen print from this
video is attached hereto as Exhibit B, pg. 3.)
80. Defendant prominently advertised that this hack was for sale, directing viewers
through text instructions and graphic representations, (e.g., “Purchase Down Below” and
“DOWNLOAD LINK IN DESCRIPTION”), to purchase the hack. (True and correct copies of
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screen prints showing Defendant’s advertisements for cheat software are attached hereto as
Exhibit B pg. 1; Exhibit B, pg. 2.)
81. One of Defendant’s customers reached out to Defendant for help, writing on
Defendant’s YouTube Community page “I bought aimbot and the video got deleted for
instructions. please help.” (A true and correct copy of a screen print from Defendant’s
Community page is attached hereto as Exhibit F.)
82. Defendant openly admits to cheating, recently updating his followers that he
would be “streaming soon <3 and im cheating in fort again,” with a picture of Fortnite showing
the game was about to begin. (A true and correct copy of a screen print from Defendant’s
YouTube Community page is attached hereto as Exhibit G) (emphasis added.)
83. Defendant’s CBV Channel has over 141,729 views and more than 12,000
subscribers, each of whom receive notifications every time a video, like one of Defendant’s
infringing videos, is posted.
84. On or around June 5, 2019, Epic submitted to YouTube DMCA notices that
included all the required elements asking YouTube to remove Defendant’s infringing videos.
YouTube took down Defendant’s infringing videos soon thereafter.
85. On or around June 6, 2019, Defendant posted on his YouTube Community page
“epic just striked all my videos. nice.” (A true and correct copy of a screen print from
Defendant’s YouTube Community page is attached hereto as Exhibit F.)
86. On June 6, 2019, Defendant submitted a counter notification responding to Epic’s
DMCA takedown notices for the infringing videos in which he stated:
this video can NOT be taken down, this 100000% falls under the
fair use act “Copyright Disclaimer Under Section 107 of the
Copyright Act 1976, allowance is made for “fair use” for purposes
such as criticism, comment, news reporting, teaching, scholarship,
and research. Fair use is a use permitted.” i will NOT be bullied by
this corporation into not posting content. There are many many
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youtubers that make videos on YouTube and they decide to strike
me ? i give very blatant credibility to them.
(A true and correct copy of a screen print of Defendant’s counter notification with the contact
information for Epic’s personnel and Defendant redacted is attached hereto as Exhibit H.)
87. Defendant posted his counter notification on his YouTube Community page on
YouTube, bragging that “basically epic has 10-14 days to sue me, if they don’t sue me then i
get my strikes and channel back. sick about to get sued by epic.” (A true and correct copy of
a screen print from Defendant’s YouTube Community page is attached hereto as Exhibit I)
(emphasis added.)
Defendant’s Sale of Hacks/Cheats
88. On information and belief, Defendant sells his cheats and hacks on Shoppy and
other platforms under the user name “ShopCamDad.” Links to ShopCamDad’s hacks and cheats
are posted under Defendant’s infringing videos and on the CBV Community page.
89. On or around June 11, 2019—five days after he bragged about how “sick” it was
that he was “about to get sued by [E]pic”—Defendant posted a link on his YouTube Community
page saying “day keys restocked.” (A true and correct copy of a screen print from Defendant’s
YouTube Community page is attached hereto as Exhibit J.) That link resolves to a Shoppy
purchase page for a “Nexus FN hack/cheat 24 hours” described as “Nexus Fortnite Cheat
Features: - Aimbot - Customizable Player ESP - Customizable FOV - Visibility Check - Player
Head Dot - Bounding box - Skeleton ESP - HWID spoofer included! !” (A true and correct copy
of a screen print from the Shoppy purchase page is attached hereto as Exhibit K.)
90. Along with the Fortnite hacks and cheats posted on the ShopCamDad’s Shoppy
page is an option to “donate to CBV.” (A true and correct copy of a screen print of
ShopCamDad’s Shoppy product page is attached hereto as Exhibit L.)
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91. As Exhibit L shows, Defendant is selling at least two types of hacks/cheats: the
“Fortnite Aimbot=ESP Hack [LIFETIME] Spoofer INCLUDED!,” which can be purchased for
$250.00, and the “Nexus FN hack/cheat,” which can be purchased for one month ($130.00), one
week ($40.00), or 24 hours ($10.00). (True and correct copies of screen prints of ShopCamDad’s
Shoppy product pages are attached hereto as Exhibits K through O.)
CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF

(Copyright Infringement in violation of
the Copyright Act, 17 U.S.C. §§ 106 and 501, et seq.)
92. Epic re-alleges and incorporates fully by reference the allegations in paragraphs 1
through 91 of this complaint, as if set forth fully herein.
93. Epic is the author, creator and owner of all rights, title and interest in a number of
valid, registered, and enforceable copyrights in Fortnite.
94. These copyrights are the subjects of the copyright registration certificates
referenced above and attached hereto as Exhibit C, and are incorporated by reference as if fully
set forth herein.
95. Defendant has had and continues to have access to Fortnite.
96. Defendant has infringed and continues to infringe Epic’s copyrights in Fortnite by
improperly using computer software that injects code into Fortnite’s code which then materially
modifies and changes Fortnite’s code, thereby creating a substantially similar, unauthorized
derivative work of Epic’s copyrighted Fortnite code.
97. Epic never authorized Defendant to create derivative works based on Fortnite.
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98. Defendant has also infringed Epic’s copyrights in Fortnite by publicly displaying
and/or publicly performing these unauthorized derivative works in Defendant’s infringing videos
posted on YouTube.
99. Defendant’s submission of a DMCA counter notification, which requires
YouTube to restore the infringing content unless Epic files an action seeking a court order to
restrain Defendant from engaging in infringing activity, creates a continuing risk of copyright
infringement.
100. Epic never authorized Defendant to publicly display or publicly perform the
unauthorized derivative works.
101. In creating such unauthorized derivative works and by publicly displaying and/or
publicly performing Defendant’s unauthorized derivative works, Defendant has infringed Epic’s
copyrights and is liable to Epic for direct and willful infringement under 17 U.S.C. §§ 501, et
seq.
102. Defendant engages in such conduct to promote cheats using his YouTube channel
because Defendant obtains a financial benefit from the video postings complained of, and obtains
a financial benefit from the sale of the cheats he promotes and demonstrates.
103. On information and belief, Epic has suffered actual damages, including lost sales
and profits as a result of Defendant’s infringement.
104. In addition to Epic’s actual damages, Epic is entitled to receive any additional
profits made by Defendant from his wrongful acts pursuant to 17 U.S.C. § 504.
105. In the alternative, Epic is entitled to statutory damages pursuant to 17 U.S.C.
§ 504(c). These statutory damages should be enhanced in accordance with 17 U.S.C. § 504(c)(2)
due to Defendant’s willful infringement.
PPAB 4971006v2 19
106. Defendant’s conduct is causing, and unless enjoined and restrained by this Court,
will continue to cause, Plaintiff great and irreparable injury that cannot fully be compensated or
measured in money. Epic has no adequate remedy at law for Defendant’s wrongful conduct
because (i) Epic’s copyrights are unique and valuable property that have no readily determinable
market value; (ii) Defendant’s infringement constitutes an interference with Epic’s goodwill and
customer relations, and (iii) Defendant’s wrongful conduct, and the damages resulting therefrom
are continuing.
107. Moreover, the plain language of the DMCA requires that Plaintiff file an action
seeking a court order to restrain Defendant from engaging in infringing activity within 14 days of
Defendant’s counter notification.
108. Therefore, Epic is entitled to injunctive relief pursuant to 17 U.S.C. § 502 and to
an order under 17 U.S.C. § 503(a) that prohibits Defendant from further infringing Epic’s
copyrights and orders Defendant to destroy all copies of infringing videos and the cheats he is
using against Epic in violation of Epic’s copyrights
109. Epic is also entitled to recover its attorneys’ fees and costs pursuant to 17 U.S.C.
§ 505.
SECOND CLAIM FOR RELIEF

(Contributory Copyright Infringement
in violation of the Copyright Act, 17 U.S.C. §§ 106 and 501, et seq.)
111. As set forth above, Epic is the owner of valid, registered, and enforceable
copyrights in Fortnite.
112. As also set forth above, Defendant has created and posted videos demonstrating
his use of the cheat software in Fortnite, promoting the cheat to others, inducing them to use it in
PPAB 4971006v2 20
Fortnite, and providing users a way to obtain the cheat at least by way of directing them to the
ShopCamDad Shoppy product page.
113. As described above, this cheat software unlawfully modifies Fortnite’s
copyrighted code in a manner that infringes Epic’s copyrights by creating unauthorized
derivative works of, and substantially similar to, Epic’s Fortnite software.
114. By providing users with access to the cheat, Defendant materially contributes to
the direct infringement of Epic’s copyrights, actively encourages and induces other cheaters and
would-be cheaters to purchase and use the cheat, and supports their use of the cheat in Fortnite.
115. Defendant has actual knowledge of the direct copyright infringements of the
cheaters described above, by virtue of, without limitation, his linking to the website where the
cheats could be purchased, his sale of the cheats under the username “ShopCamDad,” and is
causing or contributing materially to, and/or participating substantially in, such direct
infringement.
116. As set forth above, Defendant’s submission of the DMCA counter notification
requires that YouTube restore the infringing videos and their links to the cheats, which creates a
continuing risk of contributory copyright infringement, unless Epic files a lawsuit.
117. Defendant engages in his acts of contributory infringement with the actual and/or
constructive knowledge that the preparation of derivative works based upon Epic’s Fortnite
software infringes Epic’s copyrights in the software.
118. On information and belief, Defendant engages in such conduct to promote the
cheats on his YouTube channel and social media accounts because Defendant obtains some
financial benefit or value in consideration for his video postings and/or the sale of the cheats he
promotes and demonstrates in Defendant’s infringing videos.
PPAB 4971006v2 21
119. Accordingly, Defendant is liable for contributory copyright infringement of
Epic’s Fortnite game.
120. On information and belief, Epic has suffered actual damages, including lost sales
and profits as a result of Defendant’s contributory infringement.
121. In addition to Epic’s actual damages, Epic is entitled to receive any additional
profits made by Defendant from his wrongful acts pursuant to 17 U.S.C. § 504.
122. In the alternative, Epic is entitled to statutory damages pursuant to 17 U.S.C.
§ 504(c). These statutory damages should be enhanced in accordance with 17 U.S.C. § 504(c)(2)
due to Defendant’s willful contributory infringement.
123. As a result of Defendant’s contributory copyright infringement, Epic has suffered
and will continue to suffer, substantial and irreparable damage to its business reputation and
goodwill, as well as actual losses in an amount not yet fully ascertained, but which will be
further determined according to proof. Epic’s remedy at law is not adequate to redress the harm
Defendant has caused and will continue to cause unless and until his conduct is otherwise
restrained and enjoined.
124. Moreover, the plain language of the DMCA requires that Plaintiff file an action
seeking a court order to restrain Defendant from engaging in infringing activity within 14 days of
Defendant’s counter notification.
125. By reason of the foregoing, Epic is entitled to injunctive relief against Defendant
pursuant to 17 U.S.C. § 502.
126. Epic is also entitled to recover its attorneys’ fees and costs pursuant to 17 U.S.C.
§ 505.
PPAB 4971006v2 22
THIRD CLAIM FOR RELIEF
(Circumvention of Technological Measures in violation of the Digital Millennium
Copyright Act, 17 U.S.C. §§ 1201(a)-(b))
128. As alleged above, Epic is the owner of valid, registered, and enforceable
copyrights in Fortnite.
129. Epic has designed technological security measures to prevent and control
unauthorized access to Fortnite, and has implemented these measures in order to protect its
copyrighted works.
130. Defendant is using, promoting, and selling cheat software that contains
technologies, products, services, devices, components, or parts that are primarily designed for the
purpose of circumventing the technological security measures implemented in Fortnite.
131. The parts of the cheats that are primarily designed for the purpose of
circumventing the technological security measures implemented in Fortnite have no
commercially significant purpose or use other than to circumvent Epic’s technological security
measures put in place to control access to Fortnite and protect Epic’s copyrighted works, and
unlawfully modify Epic’s game software code.
132. Defendant’s actions constitute a violation of the DMCA, 17 U.S.C. §§ 1201(a)-(b)
and 1203.
133. Defendant’s actions have been, and continue to be, willful and continue to be
performed without the permission, authorization, or consent of Epic.
134. As a direct result of Defendant’s violations of the DMCA, Epic has sustained, and
will continue to sustain, substantial, immediate, and irreparable injury for which there is no
PPAB 4971006v2 23
adequate remedy at law. Epic is entitled to injunctive relief restraining and enjoining Defendant’s
continuing unlawful conduct under 17 U.S.C. § 1203(b).
135. As a direct result of Defendant’s violations of the DMCA, Epic is entitled to
actual damages and Defendant’s additional profits attributable to Defendant’s violations of the
DMCA under 17 U.S.C. § 1203(c).
136. Alternatively, Epic is entitled to the maximum statutory damages permitted
pursuant to 17 U.S.C. § 1203(c).
137. Epic is also entitled to its attorneys’ fees and costs pursuant to 17 U.S.C. §
1203(b).
FOURTH CLAIM FOR RELIEF

(Trafficking in Circumvention Devices in violation of the Digital Millennium
Copyright Act, 17 U.S.C. §§ 1201(a)-(b) and 1203)
139. As alleged above, Epic owns the exclusive rights to all right, title and interest in
Fortnite, along with valid, registered, and enforceable copyrights in Fortnite.
140. In order to protect its rights in Fortnite, Epic has designed and put in place
technological measures that effectively control access to Fortnite.
141. On information and belief, Defendant has created and is offering to the public,
providing, and otherwise trafficking in the United States cheat software that, on information and
belief, contains technology, components, or parts, which, are primarily designed to circumvent
the technological security measures Epic has put in place to control access to Fortnite’s code.
142. For instance, Defendant promotes, sells, and distributes the cheats using his
YouTube channel and on Selly and other platforms.
PPAB 4971006v2 24
143. On information and belief, these cheats have no commercially significant purpose
or use other than to (a) circumvent Epic’s technological security measures, which were put in
place to control access to Fortnite and protect Epic’s copyrighted works, and (b) unlawfully
modify Epic’s game software code.
144. Defendant’s actions constitute a violation of the DMCA, 17 U.S.C. §§ 1201(a)-(b)
and 1203.
145. As a direct result of Defendant’s violations of the DMCA, Epic has sustained, and
will continue to sustain, substantial, immediate, and irreparable injury for which there is no
adequate remedy at law.
146. Epic is entitled to injunctive relief restraining and enjoining Defendant’s
continuing unlawful conduct under 17 U.S.C. § 1203(b).
147. As a direct result of Defendant’s violations of the DMCA, Epic is entitled to
actual damages and Defendant’s profits attributable to Defendant’s violations of the DMCA
under 17 U.S.C. § 1203(c)(2).
148. In the alternative, Epic is entitled to statutory damages pursuant to 17 U.S.C. §
1203(c)(3).
149. Epic is also entitled to its attorneys’ fees and costs pursuant to 17 U.S.C. §
1203(b).
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests judgment in its favor, and against Defendant, for the
following:
1. Enter judgment in Plaintiff’s favor and against Defendant on all claims
herein;
2. Adjudge Defendant to have infringed Epic’s copyrights in violation of the
PPAB 4971006v2 25
Copyright Act, 17 U.S.C. §§ 106 and 501, et seq.;
3. Adjudge Defendant to have contributorily infringed Epic’s copyrights in
violation of the Copyright Act, 17 U.S.C. §§ 106 and 501, et seq;
4. Adjudge Defendant to have circumvented a technological measure that
effectively controls access to a protected work owned by Epic in violation of 17 U.S.C.
§§ 1201(a)-(b), 1203, et seq.;
5. Adjudge Defendant to have trafficked in technologies, products, services,
devices, components, or parts thereof that circumvent a technological measure that
effectively controls access to a protected work owned by Epic in violation of 17 U.S.C.
§§ 1201(a)-(b) and 1203, et seq.;
6. Declare that Defendant’s infringement and other wrongdoings were willful
in nature;
7. Enter an order pursuant to 17 U.S.C. §§ 502 and 1203 that preliminarily
and permanently enjoins Defendant from (i) infringing any of Epic’s copyrighted works,
including, without limitation, infringement by the use of any software or device that
copies or modifies Epic’s copyrighted software in violation of the Copyright Act; (ii)
inducing or materially contributing to the direct infringement of any of Epic’s copyright
protected work by others, including, without limitation, infringement by the use of any
software or device that copies or modifies Epic’s copyright protected work in violation of
the Copyright Act; (iii) using any technology, product, service, or device, part of which is
primarily designed for the purpose of circumventing a technological measure that
effectively controls access to Epic’s copyright protected work, where the technological
measure effectively controls access to Epic’s copyrighted Fortnite code in order to protect
Epic’s exclusive rights in Fortnite; (iv) trafficking in any technology, product, service, or
PPAB 4971006v2 26
device, part of which is primarily designed for the purpose of circumventing a
technological measure that effectively controls access to Epic’s copyright protected work
Fortnite, where the technological measure effectively controls access to Epic’s
copyrighted Fortnite code in order to protect Epic’s exclusive rights in Fortnite;
8. Enter an order pursuant to 17 U.S.C. §§ 502 and 1203 that preliminarily
and permanently enjoins Defendant by requiring the impounding and destruction of (i) all
copies of Defendant’s infringing videos, (ii) all copies of cheats and hacks in Defendant’s
possession, custody, or control that can be used to infringe Epic’s copyrights in Fortnite,
and (iii) any technology, product, service, or device in Defendant’s possession, custody,
or control, part of which is primarily designed for the purpose of circumventing a
technological measure that effectively controls access to Fortnite, so as to restrain
Defendant’s continued violations of Epic’s copyrights in Fortnite;
9. Enter an order pursuant to 17 U.S.C. §§ 504 and 1203(c) requiring that (i)
Defendant pay Epic a sum certain reflecting the maximum amount of statutory damages
permitted under 17 U.S.C. §§ 504 and 1203; or, in the event that Epic elects to instead to
recover actual damages and Defendant’s additional profits from Defendant at any time
before final judgment is rendered, that (ii) Defendant pay Epic’s actual damages and
Defendant’s profits, together with interest, including pre-judgment, as fixed by the Court;
10. Enter an order pursuant to 17 U.S.C. §§ 505 and 1203(b) awarding Epic its
attorneys’ fees, costs, and expenses; and
11. Award Plaintiff such other and further relief as the Court deems just and
proper.
[Signature block on following page]
PPAB 4971006v2 27
This the 18th day of June, 2019.
PARKER POE ADAMS & BERNSTEIN LLP
/s/ Christopher M. Thomas

Christopher M. Thomas
N.C. Bar No. 31834
christhomas@parkerpoe.com
Catherine R.L. Lawson
N.C. Bar No. 44574
catherinelawson@parkerpoe.com
301 Fayetteville Street, Suite 1400 (27601)
P.O. Box 389
Raleigh, North Carolina 27602-0389
Telephone: (919) 835-4626
Facsimile: (919) 834-4564
Attorneys for Plaintiff Epic Games, Inc.
PPAB 4971006v2 28
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No.: 5:19-cv-250
)
EPIC GAMES, INC., )
)
Plaintiff, )
)
v. ) INDEX TO EXHIBITS
) TO COMPLAINT
C.B., )
)
Defendant. )
)
)
)
Exhibit A - Screenshot (with Defendant’s name redacted).
Exhibit B - Screenshot discussing cheating.
Exhibit C - Epic trademark registrations.
Exhibit D - Terms of Service.
Exhibit E - Fortnite EULA.
Exhibit F - Screen print of Defendant’s Community page.
Exhibit G - Screen print of Defendant’s YouTube Community page.
Exhibit H - Counter notification (with Defendant’s contact information redated.)
Exhibit I - Screen print of Defendant’s YouTube Community page.
Exhibit J - Screen print of Defendant’s YouTube Community page.
Exhibit K - Screen print of ShopCamDad’s Shoppy page.
Exhibit L - Screen print of ShopCamDad’s Shoppy page.
Exhibit M - Screen print of ShopCamDad’s Shoppy page.
Exhibit N - Screen print of ShopCamDad’s Shoppy page.
Exhibit O - Screen print of ShopCamDad’s Shoppy page.
Case 5:19-cv-00250-FL Document 1-1 Filed 06/18/19 Page 1 of 2

2
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EXHIBIT C

Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Office records. Registration Number
TXu 1-895-864
Effective date of
registration:
Register of Copyrights, United States of America
December 18, 2013
Title - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - -
Title of Work: Fortnite
Completion/Publication - - - - - - - - - - - - - - - - - - - - - - - - - -
Year of Completion: 2013
Author
• Author: Epic Games, Inc.
Author Created: computer program
Work made for hire: Yes

Citizen of: United
, States Domiciled in: United~States
Copyright claimant
Copyright Claimant: Epic Games, Inc.
620 Crossroads Boulevard, Cary, NC, 27518, United States
Limitation of copyright claim

Material excluded from this claim: computer program
Previous registration and year.: TXu001848153 2012
TXu001812407 2012
New material included in claim: comput~r program
Certification
Name: Joseph Wilbur
Date: December 18, 2013

Page 1 of I
Registration #: TXU00 1895864
Service Request#: 1-1053484835
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Douglas W. Kenyon
P.O. Box 109
Raleigh, NC 27602-109 United States

identified below. The information on this certificate has Registration Number
been made a part of the Copyright Office records.
TX 8-186-254
Effective Date of Registration:
July 14, 2015
United States Register of Copyrights and Director
Title
Completion/Publication
Date of 1st Publication: May 30, 2015
Nation of l5 1 Publication: United States
Author

Citizen of: United States
Domiciled in: United States
Copyright Claimant

620 Crossroads Boulevard, Cary, NC, 27518, United States

Previous registration and year: TXu00I895864, 2013
TXu001848 153, 2012
ew material included in claim: computer program
Certification
Name: Joseph Wilbur

Date: July 14, 2015
Correspondence: Yes
Page 1 of 1

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Service Request #: 1-2532331887
Hunton & Wimams LLP

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P.O. Box 109

11 I 1! HII
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*OOOOTX00081862540201*
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Registration umber
TX 8-254-659
March 03, 20 16
United States Register of Copyrights and Director
Title
Date of 1st Publication: May 30, 2015
ation ofl st Publication: United States
Author

Citizen of: United States
Domiciled in: United States
Copyright Claimant

620 Crossroads Boulevard, Raleigh , NC, 27518, United States

Previous registration and year: TXu001895864, 2013
TXu001848153 , 2012
New material included in claim: computer program
Certification
ame: Joseph Wilbur

Date : March 03, 20 16
Correspondence: Yes
Page l of 1

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been made a part of the Copyright Office records. Registration umber
TX 8-352-178
441/~
Acting United States Register of Copyrights and Director
E ffective Date of Registration:
December 23, 2016
Title
Title of Work: FORTNITE (2016 Rev. 2)
Year of Completion: 20 16
Date of 1st Publication: ovember 30, 20 16
Nation of 1st Publication: Un ited States
Author
• Author: Epic Ga mes, Inc.

Author Created: com puter program
Citizen of: Un ited States
Domiciled in: Un ited States
Copyright Claimant
Copyright Claimant: Epic Games, Jnc.

620 Crossroads Boulevard, Cary, C, 27518, Uni ted State
Materiai excluded from this claim: computer program

Previous registration and year: TX008-254-659, 2016
TX008-186-254, 2015
ew material included in claim: computer program
Certification
ame: Joseph Wilbur

Date: December 23, 20 16
Page l of 1

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P.O. Box 109
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identified below. The information on this certificate has Registration Number
TX 8-507-210
~£t.~uand Dfrecto,
March 21, 2018
Title
Title of Work: Fonnite
Date of 1st Publication: September 26, 2017
Nation of 1st Publication: United States
Author

Citizen of: United Stat..:s
Copyright Claimant

620 Crossroads Blvd., Cary, NC, 27518, United States

Previous registration and year: TX0008254659, 2016
TX0008352 I 78, 2016
New material Included In claim: revised computer program
Rights and Permissions
Organization Name:
----------------------------
Epic Games, Inc.
Telephone: (919)854-0070
Address: 620 Crossroads Blvd.,
Cary, NC 27518 United States
Page I of2

Certification
Name: Patchen M. Haggerty

Date: March 21, 2018
Applicant's Tracking Number: 110039-00I 1.0004.US002
Page 2 of2
Registration #: TX00085072 l 0
Perkins Coie LLP

Patchen M. Haggerty
1201 Third Avenue, Suite 4900
Seattle, WA 98IOI United States

EXHIBIT D

Ill STORE mws HELP u rJREAL EliG IIJE ~ J0 s 1G"J 1N GET EPIC GAMES
TERMS OF SERVICE
ACCEPTANCE OF THE TERMS OF SERVICE
THE FOLLOWING TERMS AND CONDITIONS ("TERMS") APPLY TO YOUR USE OF THE WEBSITES OF EPIC GAMES, INC. AND ITS AFFILIATES ("EPIC", "WE" "US" OR "OUR"),
INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS. AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES (COLLECTIVELY, THE "WEBSITE"), WHETHER ASA
GUEST ORA REGISTERED USER. THESE TERMS ALSO APPLY TO YOUR USE OF OTHER EPIC SERVICES THAT DISPLAY OR INCLUDE THESE TERMS ("ADDITIONAL
SERV ICES"). IN THESE TERMS, THE WEBSITE AND A DDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE "SERVICES."
PLEASE READ THESE TERMS CAREFU LLY BEFORE. YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY
THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES. IN PARTICULAR, WE WANT TO
HIGHLIGHT SOME IMPORTANT TERMS, POLICIES, AND PROCEDURES IN THESE TERMS. BY ACCEPT ING THESE TERMS:
1 . You are also agreeing to other Epic rules and policies that are expressly incorporated into and a part of these Terms. Please read them carefully:
o u r Privacy Policy explains what information we collect from you and how we protect it.
our Fan Content Policy explains what you can do with Epic's Intellectual Property in the content you create.
Ou r Terms of Service explain the rules for our websites.
2. You and Ep ic agree to resolve disputes between us in ind iv idual arbitration (not in court). W e belie ve the alte rnative d ispute-resolution process of a rbitration will resolve any
dispute fairly and more quickly and efficiently than formal court litigation We explain the process in detail below. but we've put this up front (and in caps) because it's
important:
THESE TERMS CONTAINS A BINDING, INDIVIDUALARBllRATIONAND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND EPIC AGREE TO
RESOLVE DISPUTES IN BINDING, INDIVIDUALARBllRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY ORAS PART OF ACLASS,ACTION, AND EPIC
AGREES TO PAY YOURARBllRATION COSTS FOR ALL DISPUTES OF UP TO $ 10,000 THAT ARE MADE IN GOOD FAITH ( SEE BELOW).
TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU M UST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND
FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT
YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF
MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS.
In addition to these Terms. sonware or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you
and Epic, such as end user license agreements. If these Terms are inconsistent with any such agreemen ts. those ag reements will control.
Privacy Notice
Please review our Privacy Notice found at https://WINw.epicgames.comtprivacypolicy, which also governs your use of the Services, to understand our pract ices.
Changes to the Terms of Service

We may update these Terms from time to t ime; you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of
re vised Terms means that you accept and ag ree to the changes.
Accessing the Services and Account Security

We may withdraw or amend the Services, and any rela ted service or content, or restrict access (including by means of cancellation, termination. or modification, or suspension of a
user account) to all or certain users (including you) without notice and without liability to you in our reasona ble d iscretion. Additionally, due to your geographic location, the Services
or some of their features. services. or content may be unavailable to you . Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services
based on you r breach of these Terms.
To access certain Services. you will be asked to provid e registration details or other information, and in order to use such resources. all the information you provide must be
correct. current. and complete. From l ime to time. in order to access the Services or certain games. services. or functionality, Epic may require some or a ll users to download
updated or additional sonware The terms of use of such sonware may be subject to separate agreemen t between you and Epic_
If you choose. or are provided with. a user name. password. or any other p iece of information as part of our security procedures. you must treat such information as confidential
(othe r than user name). and you must not disclose it to others. You must immediately notify Epic (via piracy@unrealengine.com) of any unauthorized use of your user name or
password or any other breach of security. You should use particular c aution when accessing your account from a public or shared computer so that others are not able to view or
recor d your password or other personal information. You may only access the Services through your own acc ount. Users do not own their accounts. and g ifting or otherwise
transferring of accounts or access keys is prohibited.
We reserve the right to change your d isplay name if we deem it offensive, misleading, potentially infringing the rights of third parties or if you have been in active for more than a
year.
Intellectual Property Rights

The Services, including all content, features. and functionality thereof, are owned by Epic, its licensors. or other providers of such material and are protected by United Stales and
international copyright, trademark, patent, and other intellectual property or p roprietary rights laws_
You a re permitted to use the Services for your personal, non-commercial use only or leg it imate business purposes related to your role as a current or prospective customer of
Epic. Except as provided below. you must not copy, modify, create derivative works of. publicly d isplay, p ublicly perform. republish, or transmit any of the material obtained through
the Services. or delete. or alter any copyright, trademark. or other proprietary rights notices from copies of materials from the Services. However, if you ar e otherwise in compliance
with these Terms. you are permitted to use. e lsewhere and on other websites. an unaltered copy of portions of the content that is publicly available on the W ebsite for the limited,
non-commercial pu rpose of discussing such content.
You must not reproduce. sell. or exploit for any commercial purposes any part of the Services. access to the Services or use of the Services or any services or materials available
through the Services. Epic's Fan Content Policy governs non-commercial use of such content.
For c larity, the foregoing permissions are limited to the Services, and no rights a re g ranted with respect to any servers. computers. or databases associated with the Services.
Billing, Payment and Epic Account Balance
International S.a r.l., acting through its Swiss branch. A LL CHARGES INCURRED IN CONNECTION WITH THE SERVICES AND ALL FUNDS PLACED IN THE EPIC ACCOUNT
BALANCE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH
IN THESE TERMS ORAS REQUIRED BY APPLICABLE LAW. Through the Services, Epic may maKe available a prepaid balance service ("Epic Account Balance"). Your Epic
Account Balance may on~ tle used to obtain certain pr oducts and services offered by Epic (e xcluding the Epic Store found at http://www.epicgamesstore.com). To access the Epic
Account Balance you may oe asKed to provide reg istration details, including without limitation a Payment Method (defined below) and related billing addre ss. Epic may offer you the
ability to use the following payment methods to place prepaid funds into you r Epic Account Balance: credit card , prepaid payment card, promotional code, or any other payment
meth od as specified by Epic ("Payment Method"). Any promotional code provided to you by Epic for use as a Payment Method may oe subject to additional terms and conditions
associated with the promotion, offer, or coupon. When you provide a Payment Method to Epic for use in connection with the Epic Account Balance, you re present to Epic that you
are th e authOrized user of the Payment Method , and y ou authorize Epic to charge your Payment MethOd for any Epic Account Balance funds or other fees incurred tly you. If your
use of the Epic Account Balance is subject to any sales or other taxes, then Epic may also charge you fo r those taxes. You are responsib le for all uses of your Epic Account
Balan ce, including all applicable taxes and all purchases made by you or anyone else using your Epic A~count Balance.
Within any twenty-four (24) hour period, the total amount stored in your Ep ic Account Balance plus the t otal amount spent out of your Epic Account Balance, in the aggregate, may
not exceed US$2,000 or its equ iv alent ,n your local currency. Epic reserves the right to change, modify, or otherwise impose usage limits to your Epic Account Balance at any lime,
in its sole discretion.
Epic Account Balance funds do not constitute a personal p roperty right and have no value outside the Services. If you are refunded for an item purchased using Epic Account
Balan ce funds, Epic will return the funds to your Epic Account Balance. Epic Account Balance funds are non-transferable to another person and do not accrue interest.
Epic reserves the right to suspend or terminate your Epic Account Balance if aner investigation Epic dete rmines in its sole discretion that you misused the Epic Account Balance,
conducted unauthorized Epic Account Balance transactions from another user 's Epic Account Balance, or used the Epic Account Balance to conduct any fraudulent or other illegal
activ ity. In the e vent that your Epic Account Balance is terminated or suspended in accordance with these Terms for reasons other than fraudulent or other illegal activity, Epic will
return your remaining Epic Account Balance less any charges, tees, or other amounts owed to Epic. Otherwise, Epic Account Balances are not refundable and are not redeemable
for money or monetary value from Epic or any other person or entity. Epic Account Balances that are deemed unclaimed property may oe surrendered to the applicable authOrity,
as required by applicable law.
Pmhibited Uses
You may use the Services only for lawful pu rposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or
beyond the scope of the Services· intended use (in Epic's sole judgment).
User Contributions
The Services contain various forums, networKs, and ot her interactive features that allow you to post, submit, publish, display, or transmit to Epic and othe r users ("Post") content or
mate rials ("User Contributions") on or through the Services.
All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, thre atening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses. commercial solicitation.
chain letters, mass mailings, or any form of "spam."
Any User Contribution that you Post will oe considered non-wnfidential and non-proprietary, and you g rant Epic a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative worKs from, distribute, and display such User Contribution throughout the world in
any media; however, Epic will only share personal information that you provide in accordance with Epic's Privacy Policy.
You r epresent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate
and n ot fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any t hird party, and w,11 not
cause injury to any person or entity. You understand that your User Contributions may tle copied by other Services users and discussed on and outside of the Services, and if you
do not have the right to submit User Contributions for such use, it may subject you to liability Epic takes no responsibility and assumes no liability for any content Posted by you or
any third party.
Epic has the right but not the obligation to monitor and edit or remove any User Contributions. Epic also has the right to terminate your access to all or part of the Services for any
or no reason, includinQ without limitation, any violation of these Terms. Epic may exercise these riQhts at any lime, without notice or liability to you or any third party_
Linking
You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a
link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the
right to withdraw linking permission without notice.
lflhe Services contain links to other sites and resources provided by third parties, these links are provided for your convenience on ly. We have no control over the contents of
those sites or resources, and accept no responsibility f or them or for any loss or damage that may arise from your use of them.
Disclaimers and Limitation of Liability

Nothing in these Terms will prejudice the statutory rights that you may have as a consumer of the Services. Some countries. states, provinces or other jurisdictions do not allow the
exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and
limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
The Services and all information, content, materials, pr oducts (including sonware), and other services in cluded on or otherwise made available to you through the Services are
provided by Epic on an "as is" and "as available~ basis. Epic makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the
infonmation, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that you r
use of the Services is at your sole risk. To the full extent permissible by law, Epic disclaims all warranties, express or implied, including, but not limited to, implied warranties of
merc hantability and fitness for a particular purpose. Epic does not warrant that the Services, information, content, materials, products (including software) or other services
included on or otherwise made available to you through the Services, Epic's servers, or electronic communications sent from Epic are free of viruses or o1her harmful components.
To th e full extent permissible by law. Epic will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection
with t his the se Terms. Further, to the full extent permissible by law, Epic 's aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you
have paid (if any) to Ep ic under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and e xclusions
regarding damages apply even if any remedy fails to p rovide adequate compensation .
Indemnification
This section on ly applies to the extent permilled by app licable law. If you are prohibited by law from ente ring into the indemnification obligation below, then you assume, to the
extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs and expert witnesses' fees) that are the stal ed
sutlJecl matter oflhe indemnification obligalion below.
You agree to defend, indemnify, and hold harmless Epic, its affiliates. and licensors. and their respective officers. directors, employees. contractors. agents, licensors. and
suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) resulting from your User
Contributions or violation of these Terms.
,--_, , _ _ _ • _ _ I -••• - -
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Any d ispute or claim by you arising out of or relatec to these Terms shall be governec by North Carolina law, exclusive of its choice of law rules. For any disputes deemec not
subject to binding individual arbitration, as providec in the section immeciately below, you and Epic agree to submit to the exclusive jurisdiction of the Superior Court of WaKe
County, North Carolina, or, if feceral court jurisd iction exists, the Unitec States District Court for the Eastern District of North Carolina. You and Epic agree to waive any
jurisdictional, venue, or inconvenient forum objections to such courts {without affecting either party's rigtlts to remove a case to federal court if permissible), as well as 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 construec
against the draner will not apply to these Terms. This paragraph will be interpretec as broadly as applicable law permits.
Binding Individual Arbitration; No Class Actions

PLEASE READ THIS SECTION CAREFULLY IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Most issues can be resolvec quicKly and amicably by contacting Epic customer support at https:/lwww.epicgames.com/customer-service. But we understand that sometimes
disputes can't be easily resolvec by customer support. This Section e xplains how You and Epic agree to resolve those disputes, including (where applicable) by binding, individual
arbitration.
Arbitration is an alternative dispute-resolution procecure that allows us to resolve issues without the formality of going to cou rt. Any dispute between You and Epic is submittec to a
neutral arbitrator (not a judge or Jury) for fair and fast resolution. Arbitration 1s more efficient for both you and Epic.
Disputes related to Epic's End User Lice nse Agreement ("EULA"): If you have agreec to Epic's End User License Agreement ("EULA"), "Disputes" as that term is definec in
the EULA will be resolvec as providec for in the EULA, including the EULAs "Binding Individual Arbitration" section. The dispute resolution terms below apply to disputes arising
solely under these Terms and not to products or services governec by a EULA.
Disputes related to these Te rms: If you have an issue relatec to these Terms and have not agreec to Epic's EULA, the dispute-resolution terms below apply
1. Informal Resolution.
If you have an issue that our customer support can't resolve, prior to starting arbitration You and Epic agree to attempt to resolve the dispute informally to help get us to a
resolution and control costs for both parties. You and Epic agree to mal<e a good-faith effort to negotiate any dispute between us for at least 30 days ("Informal Resolution"). Those
informal negotiations will start on the day You or Epic r eceive a written Notice of a Dispute in accordance with these Terms.
You will send your Notice of Dispute to Epic Games, Inc., Legal Department. ATTN: NOTICE OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Caro lina, 27518, U.S.A. Include
your name, any relevant account name you use, address, how to contact you, what the problem is, and what you want Epic to do. If Epic has a dispute wit h You, Epic will send our
Notice of Dispute to your registerec email address and any billing address You have providec us.
If you reside in the European Union ("EU"), You may also be entitlec to submit Your complaint to the European Commission's Online Dispute Resolution rODR} Platform. ODR
allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.
If the dispute isn't resolvec within by Informal Resolution or small-{;laims court (below), You or Epic may start an arbitration in accordance with these Terms.
2. Small Claims Court
Instead of using Informal Resolution, You and Epic agree that You may sue us in small-{;laims court in your choice of the county where you live or Wal<e County, North Carolina (if
you meet the requirements of small-{;laims court). We h ope you'll try Informal Resolution first, but you don't have to before going to small-{;laims court.
3. Binding Ind ividual Arbitration.
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY
You and Epic ag ree that Disputes will be settlec by binding individual arbitration conductec by the Judicial Arbitration Mediation s ervices Inc. ("JAMS") subject to the U.S. Feceral
Arbitration Act and feceral arbitration law and accordinq to the JAMS Streamlined A rbitration Rules and Procedures effective July 1, 2014 (the "JAMS Rules") as modified by these
Terms.
This means that You and Epic agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (not a judge or jury) that mal<es the final decision to
resolve the Dispute. JAMS uses experiencec professionals to arbitrate disputes, which helps You and Epic resolve any disputes fairly, but more quicKly and efficiently than going to
court The arbitrator may award the same remecies to you individually as a court could, but only to the extent requirec to satisfy your individual claim
The arbitrator's decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can enforced like any other court order or judgment.
3.1 Disputes We Agree to Arbitrate :
You and Epic ag ree to submit all Disputes between You and Epic to individual binding arbitration. "Dispute" means any dispute, claim, or controversy (except those specifically
exemptec below) between You and Epic that relates to your use or attemptec use of Epic's products or services and Epic's products and services generally, including without
limitation the validity, enforceability, or scope of this Binding Individual Arbitration section.
You and Epic ag ree to arbitrate all Disputes regardless of whether the Dispute is basec in contract, statu te, regu lation, ordinance, tort (including fraud, misrepresentation,
fraudulent inducement, or negligence), or any other legal or equitable theory.
The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-{;laims court; (2) pursuit of enforcement actions through a government agency if the
law allows; (3) a complaint or remecy under the EU General Data Protection Regulation; (4) an action to compel or uphold any pnor arbitration decision; (5) Epic's right to see!<
injunctive relief against You in a court of law to preserve the status quo while an arbitration proceecs; (6) claims of piracy, creation, distribution, or promot ion of Cheats, and
intellectual-property infringement, and (7) the enforceability of the Class Action Waiver clause below.
You and Epic ag ree that whether a dispute is subject to arbitration under these Terms will be determined by the arbitrator rather than a court.
3.2 A rbitration Procedure:
To start an arbitration, review the JAMS Rules and follow the instructions for initiating an arbitration on the JAMS website. The party starting an arbitration must send JAMS a
"Demand for Arbitration" (available on its website), pay a filing fee, and mail a copy of the Demand for Ar bitration to the opposing party. You will send a copy 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 our copy to your r eg isterec email address
and any billing address You have providec us.
The arbitration will be conductec by a sing le JAMS art>itrator selectec with substantial experience in resolving intellectual-property and commercial-{;ontra.ct disputes. You and Epic
both agree that the arbitration will be conductec in the English language and that the arbitrator will be bound by these Terms.
If an in-person hearing is requirec, the hearing will tal<e place either 1n Wal<e County, North Carolina, or where You reside; you choose.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless You and Epic agree otherwise, any 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.
The arbitrator may only award legal or equitable remedies that are requested by You or Epic to satisfy one of our individual claims (that the arbitrator determines are supportec by
crecible relevant evidence). The arbitrator may not award relief against Epic respecting any person other than You.
Any decision or award may be enforcec as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of
any award and an order of enforcement.
3.3 Arbitration Fee5 and Location;
If You start the arbitration, you must pay the JAMS filing fee requirec for consumer arbitrations.
In some situations, Epic will help with your fees to (hopefully) get us to a resolution quicl<ly and fairly:
If the Dispute involv es $10,000 or less, Epic will pay all of the JAMS costs, including the fees you otherwise would have been requirec to pay.
If the above doesn't apply to You, but You demonstrate that arbitration costs will be prohibitive comparec to litigation costs, Epic will pay as much of your JAMS costs as the
arbitr ator finds is necessary to prevent arbitration from being cost-prohibitive (as comparec to the cost of litigation).
Even if Epic wins the arbitration and the applicable law or the JAMS Rules allow Epic to see!< our portion of the JAMS fees from you, we won't.
The fee assistance offerec above is contingent upon You bringing the arbitration claim in "good faith". If the arbitrator finds You brought an arbitration claim against Epic for an
improper purpose, frivolously, or without a suffic ient pre-{;laim investigation into the facts or applicable law, then the payment of all fees will be governec t>y the JAMS rules.
JAMS costs do not include your Attorneys· fees and costs and Attorneys· fees and JAMS costs are not countec when determining how much a dispute involves.
Epic won't seek our attorneys' fees or expenses f rom you in any arbitration, even if the law or the JAMS rules entitle us to do so. If you choose to be represented by
an attorney, you will pay your own attorneys· fees and costs unless the applicable law provides otherwise.
3.4 Notice and Filing. If a Dispute must be arbit ratec , You or Epic must start arbitration of the Dispute within two (2) years from when the Dispute first arose. If applicable law
requ ires you to bring a claim for a Dispute sooner than two years aner the Dispute first arose, you must start arbitration in that earlier time period. Epic encourages You to tell us
about a Dispute as soon as possible so we can worK to resolve it. The failure to provide timely notice shall bar all claims.
3.5 Cont inuation in Effect. This Rinding lnc1ivi<111nl Arhitrntion sff.tion survivP.s nny tP.rminntion of thP.s.P TP.rms or Fpit.'s provision of SP.rvit.P.s to You
3.6 F uture Terms Changes. Although Epic may revise these Terms in its discretion, Epic does not have the right to alter these Terms to arbitrate or the rules specifiec herein with
respect to any Dispute once that Dispute arises.
4. Cl ass Action Waive r.
To the maximum extent permittec by applicable law, You and Epic agree to only bring Disputes in an indiv idual 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 (e.g., private attorney general actions); or
consolidate or combine individual proceedings or permit an arbitrator to do so without the e xpress consent of all parties to these Terms and all other actions or arbitrations.
5. Sev e ra bility.
If all or any provision of this Binding Individ ual Arbitration agreement 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 Class Action Waive r is found invalid.
une n forceable. or illegal. You and Epic agree that it will not be seve rable; this entire Binding Individ ual A rbitration section will be void and unenforceable and any d ispute w,11 be
resolved in court subject to the venue and choice of clauses specified in these Terms. Under no circumstances shall arbitration be conducted on a class basis without Epic's
express consent
Language
To the fullest extent permitted by law. the controlling language for these Terms is English. It is the express wish of the parties that these Terms and all re lated documents have been
drawn up in English. Les parties decla rent qu"e lles ont demande et par les presentes connrment leur desir expres que cette convention so1t redigee en an glais. Any translation has
been provided for your convenience.
Waiver and Severability

No waiver of these Terms by Ep ic shall be deemed a fu rther or continuing waiver of such term or condition or any other term or condition, and any failu re of Epic to assert a right or
provision under these Terms shall not constitute a wa iv er of such right or provision .
If any provision of these Te rms is held by a court of competent jurisdiction to be invalid, illegal, or unenfo rceable for any reason, such provision shall be e liminated or limited to the
minimum e xtent such that the remaining provisions of t hese Terms will continue in full force and e ffect.
Notice and Procedure for Making Claims of Copyright Infringement

In accordance with the Dig ita l Millennium Copyright Act ("DMCA") and other applicable law. Epic has adopted a policy of terminating , in appropriate circumstances as determined by
Epic, users or account holders who are deemed to be repeat infringers of the copyrights of others. Epic may also at its sole d iscretion limit access to the Services and/or update,
transfer, suspend, or te rminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that your work has been used on the Website or in any other Services ,n a way that constitutes copyright infringement. p lease submit a Notice of Alleged Infringement
("DMCA Notice") to our Desig nated Copyright Agent as follows:
Legal Department
Epic Games, Inc.
620 Crossroads Blvd.
Cary. NC 27518
Telephone: (9 19) 854-0070
Emai I: dmca@epicgames.com
Plea~e include all of the following in your DMCA Notice-:

• Identify the copyrighted work that you claim has been infringed. If your DMCA Notice cove rs multip le works, you may provide a represe ntative list or such works.
• Identify the material that you claim is infringing, including a description of where the material is located . Your description must be reasonably sufficie nt to enable us to locate
the material. Where possible , please include the URL of the webpage where the material is locate<l.
• Provide your full legal name, mailing address, te lephone number, and (if available) e -mail address.
• Include the following statement in the body of the DMCA Notice:
• I have a good-faith belief that the use of the mat e rial is not authorized by the copy right owner, its agent. or the law. I represent that the information in this DMCA Notice is
accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner's behalf.
• Provide your e lectronic or physical signatu re.

• Please note that under 17 U.S.C. 512(1). if you Knowingly misrepresent that material or activity is infringing, you may be liable for damages. including costs and attorne ys'
fees. incurred by us or our use rs. If you a re unsure whether the mate rial or activity you are reporting is infringing, you may wish to contact an attorney before filing a
notification with us.
General Questions
For general questions, contact us at unrealengine.corm/contact.
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EXHIBIT E

FORTNITE® END USER LICENSE AGREEMENT Rllllll1I PC "'
Please read this Agreement carefully. It is a legal document that exp lains your rights and obligations related
to your use of Epic's Software, including any Services you access or purchases you make through the
Software. By downloa.ding or using the Software, or by otherwise indicating your accepta nce of this
Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to
the terms of this Ag reement, you may not download or use this Software.
In particular, we want to highlight some important terms, policies, an d procedures in this Agreement. By
accepting this Agreement:
1. You are also agree ing to other Epic rules and policies that are expr essly incorporated into this Agreement.
Please read them carefully:
Our Privacy Policy explains what infor mation we collect from you and how we protect it.
Our Fan Content Polley explains what you can do with Epic's Intellectual Property in the content you create.
Ou r Terms ofServ,ce explain the rules for our websites.
2. You grant Epic a license to use whatever content you create using the Service. You can find more
information in the User Generated Content section below.
3. You and Epic agree to reso lve disputes between us in individual arbitration (not in court). we believe the
alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and
efficiently than forma I court litigation . section 12 explains t he process in detail. We'Ve put this up front (and in
caps) because it's important:
THIS AGREEMENT CONTAINS A BIND ING , IND IVIDUAL ARBITRATION AND CLASS-ACTION WAIVER
PROVISION . IF YOU ACCEPT THIS AGREEMENT, YOU AND EPIC AGREE TO RESOLVE DISPUTES IN BINDING,
INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A
CLASS ACTION , AND EPIC AGREES TO PAY YOUR ARB ITRATION COSTS FOR ALL DISPUTES OF UP TO
$10,000 THAT ARE MADE IN GOOD FAITH (SEE SECTION 12). YOU HAVE A TIME-LIMITED RIGHT TO OPT
OUT OF THIS WAIVER.
TO ENTER INTO THIS LICEN SE AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN
YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING
OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR
ACCOUNT. YOU AFFIRM THAT YO U HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT
THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF
MAJOR ITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THIS AGREEMENT.
Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words
and phrases are defined below in Section 16.
If your primary residence is in the United States of America, your agreement is with Epic Games, Inc. If it is not
in the United States of America, your agreement is with Epic Games International S.a r.l., acting through its
Swiss branch.
1. License Grant
Epic grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to
install and use the Software on compatible devices you own or control for your personal entertainment use
(the "License"). The rights that Epic grants you under the license are subject to the terms of th is Agreement,
and you may only make use of the license if you comply with all applicable terms.
The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to
you under the license. The license does not grant you any t itle or ownership in the Software.
2. License Cond it ions
You may not do or attemptto do any of the following with respect to t he Software or any of its parts: (a) use it
commercially or for a promotional purpose except as Epic expressly authorizes; (b) copy, reproduce,
distribute (including via a network server), display, or use it in a way that is not expressly authorized in this
Agreement; (c) sell, rent, lease, license, distribute, or otherwise t ransfer it; (d) reverse engineer, derive source
code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (e)
remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (f)
create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or
other game modes; (g) use it to infringe or violate the rights of any third party, including but not limited to any
intellect ual property, publicity, or privacy rights; (h) use, export, or re-export it in violation of any applicable
law or regulation; or (i) behave in a manner which is det rimental to the enJoyment of the Software by other
users as intended by Epic, in Epic's sole judgment, including but not limited to the following - harassment, use
of abusive or offensive language, game abandonment, game sabotage, spamming, social engineering,
scamming, running or using methods which are not authorized by Epic and which interfere with t he outcome
and/or the course of t he Software (includ ing Cheats, bot s, scripts, or mods not expressly authorized by Epic)
by giving you and/or a nother user an advantage over other players who do not use such methods, or making
or otherwise cont ribL>ting to such unauthorized software.
The Software may contain Cheat Detection software or features or you may be prompted to install Cheat
Detection software during your installation of the Software. If you do not agree to install the Cheat Detection
software or at any t ime remove or disable the Cheat Detection software or features, the License granted to
you automatically term inates and you may not make use of the Software. The Software or t he Cheat
Detection software may collect and transm it details about your account, gameplay, and potentially
unauthorized programs or processes in connection with Cheat Detection, subject to Epic's Privacy Policy. In
the event that Cheats are identified, you agree that Epic may exercis e any or all of its rights under this
Agreement.
3. Updates and Patches
Epic may provide patches, updates, or upgrades to the Software that must be installed in order for you to
continue to use the Software or Services. Epic may update the Software remotely without not ifying you, and
you hereby consent to Epic applying patches, updates, and upgrades. Epic may modify, suspend, discontinue,
substitute, replace, or limit your access to any aspect of t he Software or Services at any t ime. You
acknowledge that your use of the Software or Services does not confer on you any interest, monetary or
otherwise, in any aspect or f eature of the Software or Services, including but not limited to (where applicable)
any in-game rewards, trophies, achievements, character levels, Game currency, or Content. You also
acknowledge that any character data, game progress, game customizat ion or other data related to your use
of the Software or Services may cease to be available to you at any time without notice from Epic, including
without limitation alter a patch, update, or upgrade is applied by Epic. Epic does not have any maintenance or
support obligations with respect to the Software or Services.
4. Game Currency and Content
Epic may offer you the ability to acquire licenses to in-game currency ("Game Currency") or Cont ent, such as
by: (a) purchasing a lim ited license to use Game Currency for a f ee ("Purchased Game Currency"), (b) earning
a limited license to use Game currency by performing or accomplishing specific tasks in the Software, or (c)
purchasing for a fee, exchanging Game Currency for, or earning a limited license to use Content. Also, Epic
may facilitate the exchange of certain Content through the Software., in some cases for a fee. You may only
use such Game Currency or Content if you pay the associated fee (if any). When you earn or pay the fee to
obtain such Game currency or content, you are obtatntng or purchastng from Eptc the nght to have your
License include such Game currency or Content. Regardless of any references Epic may make outside this
Agreement to purchasing or selling Game Currency or Content, both Game Currency and Content are
licensed, not sold, to you under the License. Use of an Epic Account Balance to purchase Game currency or
Content is subject to Epic's Terms of Service.
Neither Game currency nor Content are redeemable for money or monetary value from Eptc or any other
person, except as otherwise required by applicable law. Game currency and Content do not have an
equivalent value in real currency and do not act as a substitute for real currency. Neither Epic nor any other
person or entity has any obligation to exchange Game Currency or Content for anything of value, including,
but not limited to, real currency. You agree that Epic may engage in actions that may impact the perceived
value or purchase price, if applicable, of Game Currency and Content at any time, except as prohibited by
applicable law.

All purchases of Purchased Game currency and Content are f inal and are not refundable, t ransferable, or
exchangeable under any circumstances, except as otherwise required by applicable law. Epic, in its sole
discretion, may impose limits on the amount of Game Currency or Content that may be purchased, earned,
accumulated, redeemed or otherwise used.
Except as otherwise prohibited by applicable law, Epic, m its sole discretion, has the absolute nght to manage,
mod ify, substitute, rep lace, suspend, cancel or eliminate Game Currency or Content, including your ability to
access or use Game currency or Content , without notice or liability to you. You may not t ransfer, se ll, gift,
exchange, trade, lease, sublicense, or rent Game Currency or Content except within the Software and as
expressly permitted by Epic.
Except as otherwise prohibited by applicable law, Epic reserves and retains all rights, title, and interest,
property or otherwise, in and to the Game Currency and Content. The license to Game Currency and Content
under t he License will terminate upon termination of the License and as otherwise provided herein.
When you provide payment information to Epic or its authorized processor, you represent that you are an
authorized user of t he payment card, PIN, key, account or other payment method specified by you, an d you
authorize Epic to charge such payment method for the full amount of the transaction.
5. User Generated Content
Epic may provide features through the Software or the Services that allow You to create, develop, modify, or
contribute Cont ent ("UGC") and to upload, publish, or otherwise ma ke available UGC to some or all users of
the Services. These f eatures may also allow you to interact with, m anipulate, and change UGC in whole or in
part. Epic may modify, lim it, or discontinue certain features of the Service without notice or liability to you .
"UGC" includes without limitation buildings, chat posts, character data, game custom ization, in-game
constructions, replays, cinematics, scripts and programs, modes, gameplay, experiences, interactive features,
and screenshots, music, sounds, sound recordings (and the musical works embodied therein) audiovisual
combinations, musical works, animations, and other types of works (standalone or in combinat ion).
subject to the rights and licenses You grant in this Agreement, you retain whatever rights t hat you may have
in your UGC. Your rights in UGC only extend to the new, original content you create as part of your UGC and
does not extend to or grant any rights to the Services, Software, Content created or made available by third-
parties, or Content m.ide available by Epic through the Software or services.
License to Epic. If You make or have made available any UGC in the Services, You give Epic permission to
host, copy, import, store, mod ify, adapt, display, publicly perform (including by means of digital audio
transmissions), reproduce (and make mechanical reproductions of m usical works embodied in sound
recordings ), create derivative works of (including synchronize to v isual images), publicly display, transfer,
sublicense, and distribute (collectively "Use") that UGC, in whole or in part, including for commercial publicity
and marketi ng purposes, in any country. This perm ission is perpetual and irrevocable and applies to any
media, platform, or channel in connection with the Software and Se.vices.
The right s you grant to Epic in t his Sect ion are provided on a through-to-the-audience basis, which means the
owners or operators of third-party services will not have any separat e liability to you or any other third-party
for UGC provided to or used on such third-party services via the service. Epic needs these perm issions in
order to make your UGC available to players as part of the Services (i.e., in-game), and to make it available to
streamers and content creators off of the Services (e.g., for use on other platforms). These rights need to be
irrevocable because of the many channels in which UGC is distributed by us and ot hers after it's created.
You understand that You are not entitled to receive any compensation, fees, consideration, or other
rem uneration in connection with your UGC for any reason, including Epic's exercise of the rights You grant to
Epic in this Section ar>d that Epic is not obligated to exercise t he rights You grant.
Musical Works. Epic m ay, in its sole discretion, choose t o make available sound recordings and the musical
works embodied in the sound recordings ("Licensed Music") in connect ion with UGC. If Epic makes available
Licensed Music for use in your UGC, Epic grants you a non-exclusive, persona l, limited, revocable, non-
transferable license to : (a) synchronize the Licensed Music into UGC during the period of time that the
Licensed Music is made available through the Services, and (b) play, listen, and interact with UGC containing
Licensed Music solely through the Services.
Your modif ications (e.g., edits, use of a portion of) the Licensed Musi c to synchronize into the UGC are
considered derivative works included in the definition of Licensed Music, the rights to which are retained by
Epic and its licensors.

Special Rules for Recording Artists. If you are a composer or aut hor of a musical work and are (a) affiliated
with or a member of a performing-rights organization ("PRO"), (b) under contract with a record label, or (c)
have assigned your rights to a music publisher, then you must notify the interested party of the royalty-free
license you grant through this Agreement to Epic. You are solely responsible for ensuring your com pliance
with the relevant party's reporting or contract ual obligations, and (if applicable) obtaining the consent of t hat
party to grant the royalty-free license(s) in this Agreement, includ ing if you create any new recordings through
t he Service that your label may attempt t o claim.
You represent and warrant t hat any UGC containing Licensed Music is not subject to and Epic has no
obligation to pay royalties to any third party, including without limitation a sound recording copyright owner
(e.g., a record label), a m usical work copyright owner (e.g., a music publisher), a PRO (e.g., ASCAP, BMI, SESAC,
etc.), a sound recording PRO, any unions or guilds, or other t hird parties.
Epic does not allow intellectual-property infringement activities through the Software or the Services. You
may not and agree not to create, generate, or make available through the Software or the Services any UGC
to which you do not have the rightto grant Epic such license in all of the elements (including the Licensed
Music) of the UGC.
If you do choose to create, generate, or make available your UGC thrnugh t he Software or Services, You are
solely responsible for your UGC and represent and warrant t hat:
(a) you are the creator and owner of, and have all the necessary licenses and rights to use and authorize Epic
to exploit the license granted above;
(b) your UGC, and Epic's use of the UGC as contemplated under this Agreement, will not infringe or violate
any t hird-party rights, including copyright, trademark, patent, trade secret, moral rights, or the rights of
privacy or publicity;
(c} Epic doc5 not need t o obt.Jin .-:my further licenses, provide attribution, or puy roy.Jltics. or other
compensation to any t hird parties; and
(d) Epic's use of your UGC will not violate any third-party contract or cause Epic to violate any applicable laws
or regulations.
You are responsible for your UGC, so please don't make objectionab le content available on or through t he
Services. If you do, we may have to take it down. Epic may, but is under no obligation, to edit or control any
UGC You or others make available through the Software or t he Services. Epic may at any time screen, remove,
delete, edit, block, or refuse t o publish UGC that violates this Agreement or is otherwise objectionable as
determined in Epic's sole discretion and without prior notice or any l iability to You or any third party. If You
provide UGC, You may only use the tools that Epic provides through the normal functionality of the Service to
remove or modify that specific type of UGC.
You understand that you may be exposed to UGC from a variety of sources when using the Software or the
Services and acknowledge that UGC may be inaccurat e, offensive, indecent, or otherwise objectionable. You
agree that Epic shall not be responsible or liable for y our or others' UGC.
To the fullest extent permitted by law, You waive and agree to waive all rights of authorship, paternity,
attribution, integrity, disclosure, withdrawal, and any other rights that are known or referred to as "moral
rights", "artist's rights•, "droit moral", or other similar rights, recognized under any legal or equitable theory of
any country or under any treaty, regardless of whether that right is referred to as a "moral right" (collectively
"Moral Rights") in and to your UGC. You further knowingly and irrevocably agree to not exercise any Moral
Rights in and to your UGC that You have not waived in any manner that interferes with any exercise of
granted rights. You walve and agree not to assert your Moral Right s even if your UGC is altered or changed in
a manner not agreeable to you.
6. Feedback
If you provide Epic wit h any Feedback, you hereby grant Epic a non-exclusive, fully paid, royalty-free,
worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce,
distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have
made, use, sell, offer t o sell, import, and otherwise exploit any and a ll Feedback for any purposes, for all
current and fut ure met hods and forms of exploitation. "Feedback" means suggest ions, comments, ideas, and
all other types of infor mat ion, including software and code, that you provide, publish, or otherwise
communicate directly or indirect ly (including your employees, agents, contractors, or representatives) to Epic
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that if Epic makes use of your Feedback. Epic is not required to credi.t or compensate you for your
contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to
Epic t o grant Epic and ot her affect ed parties t he rights described above. This includes but is not limited to
intellectual-property rights and ot her proprietary or personal rights.
7. ownership!Third Party Licenses
Epic and its licensors own all t it le, ownership rights, and intellectual property rights in the Software and
Services. Features may be made available to you via the Software and Services that provide prefabricated
templates or in-game items to use in connection with your UGC (defined below), however your use of a
template does not give you any copyrights or other ownership in t he template. Epic, Epic Games, Unreal,
Unrea l Engine, and Fortnit e, and their respective logos, are trademarks or registered trademarks of Epic and
its affiliates in the United States of America and elsewhere. All rights granted to you under this Agreement are
granted by express license only and not by sale. No license or other rights shall be created hereunder by
implication, estoppel, or otherwise.
The Software includes certain components provided by Epic's licensors. A list of credits and notices for third
party components may be found in the game int erface.
8. Disclaimers and Limitation of Liability
Nothing in this Agreement will prejudice the statutory rights th•at you may have as a consumer of the
Software or Services. Some countries, states, provinces or other jurisdictions do not allow the
exclusion of certain warranties or the limitation of liability as stated in this section, so the below
terms may not fully apply t o you. Instead, i n such jurisdictions, t he exclusions and l imitations bel ow
shall apply only to t h e extent permi tted by the laws of such jurisdictions.
The Software (including any Game currency and Content) and Services is provi ded on an "as is" and
"as available" basis, "wi th all faults" and w ithout warranty of any k ind. Epic, its Ii censors, and its and
their affiliates disclaim all warranties, conditions, common law duties, and representations (express,
impl ied, oral, and written) w ith respect to t he Software and Servi ces, including without limitation all
express, implied, and statutory warranties and condit ions of any kind, such as t itle, non-interference
with your enjoyment, authori ty, non-infringement, merchantabil ity, fitness or suitab ility for any
pu rpose (whether or not Epic knows or has reason to know of an y such purpose), system i ntegration,
accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack
of v iruses, whether alleged to arise under l aw, by reason of custom or usage i n t he t rade, or by cour se
of dealing. Without limiting the generality of the foregoing, Epic, its licensors, and its a nd their
affiliates make no warranty that (1 ) the Software or Services w i ll operate properly, (2) t hat the
Software or Services w ill meet your requirements, (3) that the operat ion of the Software or Services
w ill be uni nterr upted, bug free, or error free in any or all ci rcumstances, or (4) that any defects in the
Software or Services can or will be corrected. Any warranty agai nst infringement that may be
provided in Section 2-312 of the Uniform Commerci al Code or in any other comparable statute is
expressly disclaimed. Epic, its licensors, and its and their affiliates do not guara ntee continuous,
error-free, vi rus-free, or secure operation of or access to the Software or Services. This paragraph will
apply to the maximum extent permitted by applicable law.
To the maximu m extent permitted by appl icabl e l aw, neither Epic, nor its licensors, nor its or thei r
affiliates, nor any of Epic's service providers (collectively, the " E,pic Parties"), shall be l iable in any way
for any l oss of profits or any in direct, i ncidental, consequential, special, punitive, or exemplary
damages, arising out of or in connecti on with this Agreement or the Software (including any Game
cu rrency or Content) or Services, or the delay or inability to use or lack of functionali ty of the
Software or Services, even in the eve nt of an Epic Party's fault, tort (i ncluding negl igence), strict
liabi lity, indemni ty, product li abi lity, b reach of contract, br each of warranty, o r otherwise and even if
an Epic Party has been advised of the possibility of such damages. Further, to the maximum extent
permitted by applicable law, the aggregate liability of the Epic Parties ar isi ng out of o r in connect ion
with thi s Agreement or the Software (including any Game currency or Content ) or Services will not
exceed the total amounts you have paid (if any) to Epic for the Software (including any Game Currency
or content) dur ing t 1he twelve (12) months i mmedi ately precedi ng the events giving r ise to such
liability. These limitations and exclusions regardi ng damages apply even if any remedy fail s to provide
adequate compensa tion.
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into t he indemnification obligation below, then you assume, to t he extent permitted by law, all liability for all
claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs and expert
wit nesses' fees) that are the stated subject matter of the indemnification obligation below.
You agree to indemnify, pay the defense costs of, and hold Epic, rts licensors, its and t heir affiliates, and its
and their employees, officers, directors, agents, contractors, and other representat ives harmless from all
claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert
wit nesses' fees) that arise from or in connection with (a) any claim that, if tru e, would constitute a breach by
you of this Agreement or negligence by you, (b) any act or omission by you in using the Software (including
any Game currency or Content) or Services, or (c) any claim of infringement or violation of any third-party
intellect ual property r ights arising from Epic's use of your UGC or Feedback as provided under Sections 5 or 6
of this Agreement. You agree t o reimburse Epic on demand for any d efense 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 this Section 9.
10. Termination
Without limiting any other rights of Epic, this Agreement will terminate automatically without notice if you fail
to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the
Software from all devices on which you'Ve installed it. Upon any termination, the License will automat ically
terminate, you may no longer exercise any of the rights granted to you by the License, and you must dest roy
all copies of the Software in your possession.
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.
Sections 2, 5-13, and 15-17 will survive any termination of t his Agreement.
11. Governing Law and Jurisdiction
This Agreement is entered into in the State of North Carolina, U.S.A., 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, as provided in the section immediately below,
you and Epic agree to submit to the exclusive jurisdiction of the Superior Court of Wake County, North
Carolina, or, if federal court jurisdict ion exists, the United States District Court for the Eastern District of North
Carolina. You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such
courts (without affect,ing either party's rights to remove a case to federal court if permissible), as well as any
right t o a Jury trial. Th e Convention on Contracts tor the International Sale ot Goods will not apply. Any law or
regulat ion which provides that t he language of a contract shall be construed against the drafter will not apply
to this Agreement. Th is paragraph will be interpreted as broadly as applicable law permits.
12. Binding Ind ividual Arbitration; Class 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 am icably by contacting Epic customer support at
https:l/www.ep1cgames.com/customer-serv1ce. But we understand that sometimes disputes can't be easily

resolved by customer support. This Section explains how vou and Epic agree to resolve t hose disputes,
including (where appl icable) by 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 resolut ion. Arbitrati on is more efficient for both you and Epic.
12.1 Informal Resolu tion.
If you have an issue that our customer support cant resolve, prior to starting arbitration You and Epic agree
to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties.
You and Cpic agree to make a good~faith effort to negotiate any dispute between us for at least JO days
("Informal Resolution" ). Those informal negotiations will start on the day You or Epic receive a written Not ice
of a Dispute in accordance with this Agreement.
You will send your 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. Include you r name, account name you use while
playing Fortnite, address, how to contact you, what the problem is, and what you want Epic to do. If Epic has a
dispute with You, Epic will send our Notice of Dispute to your registered email address and any billing address
You have provided us.
If you reside in t he European Union ("EU"), You may also be entitled to subm it Your complaint to the
European Commissiori's Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes
related to the online purchases of goods and services without going to court.
If the dispute isn't resolved within by Informal Resolution or small-cla ims court (below), You or Epic may start
an arbitration in accordance with this Agreement.
12.2 Small Claims Court
Instead of using Informal Resolution, You and Epic agree that You may sue us in small-claims court m your
choice of t he county where you live or Wake County, North Carolina (if you meet the requirements of small-
claims court). We hope you'll try Informal Resolution first, but you don't have to before going to small-claims
court.
12.3 Binding Individual Arbitration.
THE ARBITRATION PROCEEDINGS IN TH IS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
You and Epic agree that Disputes will be settled by binding individual arbitration conducted by the Judicial
Arb,crauon Mediation Services, Inc. ("JAMS") subject to the U.S. Federal Arbitration Act and federal arbitration law
and according to the JAMS Streamlined Arb1trat1on Rules and Procedures effective July 1, 2014 (the "JAMS Rules")
as modified by this Agreement.
This means that You and Epic agree to a dispute-resolution process where we subm it 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 resolve any disputes fairly, but more quickly and
efficiently than going to court. The arbitrator may award the same remedies t o you individually as a court
could, but only to the extent required to satisfy your individual claim.
The arbitrator's decision is final, except for a limited review by courts under the U.S. Fed eral Arb1trat1on Act,
and can enforced like any other court order or judgment.
12.3.1 Disputes we Agree to Arbitrate:
You and Epic agree to submit all D,sputes between You and Epic to individual binding arbitration. "Dispute•
means any dispute, claim, or controversy (except those specifically exempted below) betw een You and Epic
that relates to your use or attempted use of Epic's products or services and Epic's products and services
generally, including without limitation the validity, enforceability, or scope of this Binding Individual
Arbitration section.
You and Epic agree to arbitrate all Disputes regardless of whet her the Dispute is based in contract, statute,
regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any
other legal or equitable theory.
The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court;
(2) pu rsuit of enforcement actions through a government agency if the law allows; (3) a complaint or remedy
under the EU General Data Protection Regulation: (4) an action to compel or uphold any prior arbitration
decision; (5) Epic's right to seek injunctive relief against You in a court of law to preserve the status quo while
an arbitration proceeds; (6) claims of piracy, creation, distribution, or promotion of Cheats, and intellectual-
property infringement, and (7) 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 a court.
12.3.2 Arbitration Procedure:
To start an arbitration, review the JAMS Rules and follow the instruct ions for initiating an arbitration on the
Case JAMS
5:19-cv-00250-FL Document
website. The pa rty starting an arbitration must send1-6 Filedfor06/18/19
JAMS a "Demand Page
Arbitration" (available on its 8 of 13
website), pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. You will send a
copy 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 our copy to your registered email address and any bi lling
address You have provided us.
The arbitration will be conducted by a single JAMS arbitrator selected wit h substant ial experience in resolving
intellectual-property and commercial-contract disputes. You and Epic both agree that the arbit ration will be
conducted in the Engl'ish language and that the arbitrator will be bol!lnd by t his Agreement.
If an in-person hearing is required, the hearing wi ll take place either in Wake County, North Carolina, or where
You reside; you choose.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless You and Epic agree otherwise, any decision
or award will include a written statement stating the decision of each claim and the basis for t he award,
including the arbitrator's essential fact ual and legal findings and conclusions.
The arbitrator may only award legal or equitable remedies that are requested by You or Epic to satisfy one of
our individual claims (that the arbitrator determines are supported by credible relevant evidence). The
arbitrat or may not award relief against Epic respecting any person other t han You.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if
applicable, application may be made to such court for judicial accept ance of any award and an order of
enforcement.
12.3.3 Arbitration Fees and Location:
If You start the arbit ration, you must pay the JAMS filing fee required for consumer arbitrations.
ln some situations, [ p ie will help with your fees to ( hope fully} get us to a resolution quickly and fairly:
If the Dispute involves $10,000 or less, Epic will pay all of the JAMS costs, including the fees you otherwise
would have been required to pay.
If the above doesn't apply to You, but You demonstrate that arbitration costs will be prohibit ive compared to
litigat ion costs, Epic will pay as much of your JAMS costs as the arbitrator finds is necessary to prevent
arbitrat ion from being cost-prohibitive (as compared to the cost of litigation).
Even if Epic wins the arbitration and the applicable law or the JAMS Rules allow Epic to seek our portion of the
JAMS fees from you, we won1.
The fee assistance off ered above is contingent upon You bringing t he arbitration claim in ·good faith". If t he
arbitrat or finds You brought an arbitrat ion claim against Epic for an improper purpose, frivolously, or without
a sufficient pre-claim investigation into the facts or applicable law, t hen the payment of all fees will be
governed by the JAMS rules.
JAMS costs do not include your Attorneys' fees and costs and Attorneys' fees and JAMS costs are not counted
when determining how much a dispute involves.
Epic won't seek our attorneys' fees or expenses from you in any arbitration, even if the law or the
JAMS rules entitle us to do so. If you choose t o be represented by an attorney, you will pay your own
attorneys' fees and costs unless the applicable law provides otherwise.
12.3.4 Notice and Filing. If a Dispute must be arbitrated, You or Epic must start arbitration of the Dispute
within two (2) years from when t he Dispute first arose. If applicable law requires you to bring a claim for a
Dispute sooner than two yea rs after the Dispute f irst arose, you must start arbitration in that earlier t ime
period. Epic encourages You to tell us about a Dispute as soon as possible so we can work to resolve it. The
fai lure to provide timely notice shall bar a ll claims.
12.3.5 Continuation in Effect. Th is Binding Individual Arbitration section survives any termination of this
Agreement or Epic's provision of services to You.
12.3.6 Future Arbitration Changes_Although Epic may revise this Agreement in its discretion. Epic does not
have the right to alter this agreement to arbitrate or the rules specified herein with respect to any Dispute
once that Dispute arises.
12.4 Class Action Waiver_
To the maxim um extent permitted by applicable law, You and Epic agree to only bring Disputes in an
individual capacity an d 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 (e.g., private attorney
general actions); or
consolidate or combin e individual proceedings or permit an arbitrator to do so without the express consent
of all parties to this Agreement and all other actions or arbitrations.
12.5 severabi lity.
If all or any provision o f this Binding Individual Arbitration agreement is found invalid, unenforceable, or
illegal, th en You and Epic agree t hat the provision will be severed and t he rest of the agreement shall remain
in effect and be construed as if any severed provision had not been included. The sole exception is t hat if the
Class Action Waiver 1s found invalid, unenforceable, or illegal, You and Epic agree that it will not be severable;
t his entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be
resolved in court subject to the venue and choice of clauses specified in this Agreement . Under no
circumstances shall ar bitration be conducted on a class basis without Epie's express consent.
12.6 Your 30-Day Right to Opt out
You have the right to opt out of and not to be bound by t he arbitrat ion and class action waiver provisions set
forth in this Agreement. To exercise this right, You must send written notice of your decision to the following
address: Epic Games, Inc., Legal Department , ATTN: ARBITRATION OPT-OUT, Box 254, 2474 Walnut Street,
Cary, North Carolina, 27518, U.S.A. Your notice must include you r name, mailing address, and accou nt name
you use while play ing Fortnite, and state that you do not wish to resolve disputes with Epic through
arbitration. To be effective, this notice must be postma rked or deposited within 30 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 w ith th is section. You are responsible
for ensuring that Epic receives your opt-out notice, so you may wish to send it by a means t hat provides for a
delivery receipt. If you opt out of these arbitration provisions, Epic w ill not be bound by them wit h respect to
Disputes with you.
13. U.S. Government Matters
The Software is a "Commercial Item" (as defined at 48 C.F.R. §2.101), consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation" (as used in 48 C.F.R. §12.212 or 4 8 C.F.R.
§227.7202, as applicab le). The Software is being licensed to U.S. Government end users only as Commercial
Items and with only those rights as are granted to other licensees under this Agreement.
You agree to comply w ith all applicable federal and foreign laws, regulations, and rules, and complete any
required undertakings. You agree not to use, export, re-export, or download t he Software or Services into (or
to a national or resident of) any country to which the U.S. has emba rgoed goods, or to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Com merce Department's Table of
Denial Orders. You rep resent and warrant that you are not located in, under the control of, or a national or
resident of any U.S. restricted or prohibited count ry or on any U.S. restricted or prohibited list.
14. Amendments of this Agreement
Epic may issue an amended Agreement, Terms of Service, or Privacy Policy a t any t ime in its discretion
by posting the amended Agreement, Terms of Service, or Privacy Policy on its website or by p roviding
you with digital access to amended versions of any of these documents when you next access the
Software. If any amendment to this Agreement, the Terms of Service, or Privacy Policy is not
acceptable to you, you may terminate this Agreement and must stop using the Software. Your
continued use of the Software will demonstrate you r acceptance of the amended Agreement and
Terms of Service as well as your acknowledgement that you have read the amended Privacy Pol icy.
15. No Assignment
You may not, without t he prior written consent of Epic, assign, transfer, charge, or sub-contract all or any of
Case 5:19-cv-00250-FL
your rights or obligations under thisDocument
Agreement, and any1-6
attempt Filed 06/18/19
without that Page
consent will be null and void.10
If of 13
restrictions on transfer of the Software in this Agreement are not enforceable under t he law of your country,
then this Agreement will be binding on any recipient of the Software. Epic may at any t ime assign, transfer,
charge, or sub-contract all or any of its rights or obligations under this Agreement.
16. Definitions
As used in this Agreement, t he following cap1tal12ed words have the following meanings:
' Cheat Detection" means functionality intended to identify Cheats.
"Cheats" means prog•ams, methods, or ot her processes which may give players an unfair competitive
advantage in t he Software.
"Confidential Infor mation" means any non-public information relat ed to the Software, including without
limitation information related to gameplay or other content, Game Cu rrency, Content, the Services, your own
feedback and comments, and the feedback or comments of any ot her licensee of the Software or any Epic
representative.
"Content" means any virtual items, virtual environments (such as islands), or other content t hat Epic makes
available for you to access or download through or in connection wit h the Software, and expressly includes
Licensed Music, and UGC t hat has been licensed to us by our users.
"Epic" means, depending on the location of your primary residence:
a. Epic Games, Inc., a Maryland Corporation having its principal business offices at Box 254, 2474 Walnut
Street, Cary, North Carolina, 27518, U.S.A.; or
b. Epic Games International S.a r.l., a Luxembourg Societe a Responsibilite Limitee, located at Atrium Business
Pdlk, 33 ru~ Uu Pu ib RUllldill, L8070 B~llldrlg~, Gldf1U-DuLl1y ur Lux~111l.Juurg, dlling Lliruugll ib Swi~'.::i l..Hdlllil,
having its principal business offices at Platz 3, 6039 Root, Switzerland .
"Feedback" means any feedback or suggestions that you provide to Epic regarding the Software, Services or
other Epic products and services.
"Services" means any services made available to you through the Software, including services to acquire,
maintain and use Game currency and Content.
"Software" means the proprietary software application known as Fortnite, and any patches, updates, and
upgrades to the application, and all relat ed content and documentation made available to you by Ep,c under
t his Agreement, including but not limited to all software code, titles, themes, objects, characters, names,
dialogue, catch phrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects,
methods of operation, and musical compositions that are related to the application, and any copies of any of
t he foregoing. Software specifically includes all Game Currency and Content for which you have paid the
associated fee or otherwise acquired a license under Section 4.
17. Miscellaneous
This Agreement and any document or information referred to in this Agreement constitute the entire
agreement between you and Epic relating to the subject matter covered by this Agreement. All other
communications, proposals, and representations with respect to the subject matt er covered by t his
Agreement are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. It is the
express wish of the parties that these Terms and all related documents have been drawn up in English. Les
parties declarent qu'elles ont demande et par les presentes confirment leur desir expres que cette
convention soil red 1gee en anglais. You waive any right you may have under the law of your country to have
this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction.
This Agreement does not change your rights under the laws of your j urisdiction if the laws of your jurisdiction
do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not
apply to you because your jurisdiction may not allow them in your particular circumstance. In t he event that
certa in provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be
unenforceable, those provisions shall be enforced only to t he furthest extent possible under applicable law
and the remaining terms of this Agreement will remain in full force and effect.
A llY dU u y tfJll lU e xe, u ~ e , U I ldl lUl e Uf u e 1d y Ill e x e r u ~e UI, d llY UI ll~ f 1g 11t~ u11u e 1 U lt~ Ag1 ee111e 11t, dl l d VV U I
in equity will not be d eemed a waiver of those or any other rights or remedies available in contract, at law or
in equity.
You agree t hat this Agreement does not confer any rights or remedies on any person other than the parties
to this Agreement, except as expressly stat ed.
Epic's obligat ions are s ubj ect to existing laws and legal process, and Epic may comply with law enforcement or
regulatory requests or requirements despite any contrary t erm in th is Agreem ent.
18. Add itional Platfor m Terms
18.1 Sony PlayStation Users:
The following additional t erms and cond itions apply with respect to Software available for use on Playstation
d evices that you own or control:
Please note that Epic will store Sony Entertainment Network account information, including your email
address and Online ID, as explained in Epie's Privacy Policy. Epic may allow its users t o search for other Epic
accounts by t heir SEIII account and ot her Epic users may send you f riend requests. Your SEN account privacy
settings will not apply to your Epic account.
In no event may you convert any Software virtual currency into real currency, tangible goods, or in-kind
considerat ion, and yo u are expressly forbidden from engaging in off-platform sales or exchanges of such
virtual currency, such as at eBay or other auct ion sites.
For SIEA u sers: Purchase and use of items are subject to the Netwo rk Terms of Service and User Agreement.
This online service has been sublicensed t o you by Sony Interactive Entertainment America.
For SIEE users: Any content purchased in an in-gam e store will be purchased from Sony Interact ive
Entertainment Network Europe Limited ("SIENE") and be subj ect to Playstation™ Network Terms of Service
and User Agreement which is available on the PlayStation® Store. Pl ease check usage rights for each
purchase as these may d iffer f rom item to item . Unless ot herwise shown, content available in any in-game
store has the same age rating as the game.
18.2 Microsoft Xbox Users.
The following additional terms and conditions apply with respect t o Software available for use on Xbox Live
devices that you own or control:
Neither Microsoft Corporat ion nor any of its affiliat es (collectively, "M icrosoft") have any maintenance or
support obligations w it h respect to the Software or Services.
Nothing in this Agreem ent shall govern or change, in any way, your r elationship w ith Microsoft under any
agreements between you and Microsoft, including the Xbox Live t erms of use.
Further, to the maxim um extent permitted by applicable law, the agg regat e liability of t he Epic Parties (other
than Microsoft) arising out of or in connection with t his Agreement o r the Softwa re (including any Game
Currency or Content) or Services will not exceed the total amounts you have paid (if any) to Epic for t he
Software (including any Game Currency or 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 this Agreement or t he Software (including any Game c urrency o r Content) or Services. These lim itations
and exclusions regarding damages apply even if any remedy fails to provide adequate compensat ion.
18.3 Apple iOS Users.
The following additional terms and conditions apply with respect t o Software available for use on any Apple,
Inc. ("Apple") iPhone o r iPad devices that you own or control:
You acknowledge t hat your agreement is not with Apple. Epic, not Apple, is solely responsitlle for the Software
and the content thereof.

Your use of the Softwa re shall be subj ect to t he t erms of t his Agreement and as permitted by the Usage Rules
set forth in the App St ore Terms and Conditions as of the date you download or first use the Software (which
you acknowledge you have had the opportunity to review).

You agree that Apple h as no maintenance or support obligat ions with respect to the Software or Services.
You acknowledge and agree that Apple is not responsible for any product warra nties, whether express or
implied by law, with respect to the Software or Services. If you are legally entitled to a warranty in your
country or ot her Jurisdiction, then m the event of any failure of the Software or Services to conform to such
required warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid by you to
Apple for the Software. To the maximum extent permitted by applicable law, Apple will have no ot her
warranty obligation whatsoever with respect to the Software or Services, and any other claims, losses,
liabilit ies, 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 this Agreement, Epic
has disclaimed all warranties of any kind with respect to the Software and Services, and therefore, there are
no warranties applicable to the Software or services, except those required by law.
As between Apple and Epic, Epic, not Apple, is responsible for addressing your or any third party's claims
relating to the Software or Services or your possession and/or use o-f the Software or Services, 1ncludmg, but
not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any
applicable legal or regulatory reqUirement; and (iii) claims arising under consumer protection or similar
legislation. In t he event of any third party claim that the Software or Services or your possession and use of
the Software or Services infringes that 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 requ ired under this Agreement).
You agree that this Agreement does not confer any rights or remedies on any person other than the parties
to this Agreement, except as expressly stated. Notwithstanding the foregoing, Apple, and Apple's subsidiaries,
are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have
t hP ri2ht (anrl will hP dPPmPrl t o havP arcPrtPrl thP ri2ht) tn PnfnrrP t hi, A2fPPmPnt a2ainst ynll a, a thirrl
party beneficiary thereof.
Any end-user question s, complaints or claims with respect to the Software should be directed to
help@fortnite.com.
18.4 Sam sung GALAXY Users.
The following additional terms and conditions apply with respect to Software available for use on the
Samsung GALAXY devices that you own or control:
The Software may provide you t he ability to make payments through Samsung's In-App-Purchase APls. In the
event that you make a payment using Samsung's In-App-Purchase, t he Samsung GALAXY Apps Terms and
Conditions that you entered into with Samsung Electronics co., Ltd. (or its affiliates) regarding the use of
Samsung's In-App-Purchase and its equivalent terms shall apply to the payment and any ref unds related to
such payment.
Dattle ra:;.3
Watch
Get Fortnite i]-
Terms of Se/'Vlce Privacy Policy

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epic just striked all my videos. nice
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comment, and subscribe. 8 Zygote 5 days ago
I bought aimbot and the video got deleted for instructions. please help
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J A N W I L O 5 days ago
Sorry to here that. Make another account upload there don't let them stop you bro your a goat
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Epic is gay
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Faggets
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Damn. That sucks
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hi, follow me on instagram.
Case 5:19-cv-00250-FL
,.ti °*.'
\(/Yl11'10 Document
-: n.,_'t 1-7 Filed 06/18/19 Page 2 of 2
1 ; 1 ,t l)t,t
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Playing r6s (cheating) ton ight llive]
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comment, and subscribe.
I8 SIGN IN I
e CBV 2 mont hs ago
streaming soon <3 and im cheating in fort again
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VouTube
We received the attached counter notification in response to a complaint you filed w ith us.
We're providing you w ith the counter notification and await ev idence (in not more than 1O
business days) that you've filed an action seeking a court order against the counter notifier
to restrain the allegedly infringing activity. In most cases, such evidence w ould include a
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YouTube URL(s) at issue.
If w e donl receive notice from you, w e may re-instate the material to YouTube.
If you have any questions, please contact copyright@youtube.com.
Counter-Notification as follows:
Videos included in counter-notification:
• htto:/Jwww.youtube.com/watch?v=dDW-SAsFW3I
Display name of uploader: CBV
this video can NOT be taken down, this 10000 0% falls under the fair use act "Copyright
Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use"
for purposes such as criticism, comment, new s reporting, teaching, scholarship, and
research. Fair use is a use permitted." i w ill NOT be bullied by this corporation into not
posting content. There are many many y outubers that make videos on YouTube and they
decide to strike me ? i give very blatant credibility to them.
I sw ear, under penalty of perjury, that I have a good faith belief the material w as removed
due to a mistake or misidentification of the material to be removed or disabled.
I consent to the jurisdiction of the Federal District Court for the district in w hich my address
is located, or if my address is outside of the Un ited States, the judicial district in w hich
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basically epic has 10-14 days to sue me. if they don't s ue me then i get my strikes and channel back. sick about
to get sued by epic
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CBV 5 days ago
whats up next [FN is probs gonna sue me now so gotta move on)
0 Browse channels 64votes
O shit r6 rust and pubg vids

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- CBV 19 hours ago
https://discord.gg/6zSHF9f discord got tapped
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day keys restocked https://shoppy.gg/producVfPVXXWw
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A Psycho Modz 2 days ago

Few you didn't post for a bit thought something happened to u
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0 . TV Shows i § you don't learn do you boy
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Did the discord get banne.j ?
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A Ali Charania 2 days ago
Are you dumb, you are in a legal issue with fortnite over this and your publicly saying fuck you to t hem, they will for sure
sue you now
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Case 5:19-cv-00250-FL ago
1-11 Filed 06/18/19 Page 2 of 2
EXHIBIT K

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By purchasing any service we provide the Purchase
customer acknowledges that refund are - 1+
never provided under any circumstance, and

the customer also understands (z} Apply a Coupon
a result of use of our products. In addition to cheats we offer third party programs dubbed "spoofers" that have the Seller ShopCamDad
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EXHIBIT N

.Shappy
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Purchase

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JS 44 (Rev. 0 ) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
!" # $ % &'()&*) !" +","- !&!*).(/
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 485 Telephone Consumer
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) Protection Act
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) 490 Cable/Sat TV
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 850 Securities/Commodities/
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) Exchange
362 Personal Injury - Product Liability 751 Family and Medical 890 Other Statutory Actions
Medical Malpractice Leave Act 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS 893 Environmental Matters
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 895 Freedom of Information
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) Act
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 896 Arbitration
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 899 Administrative Procedure
245 Tort Product Liability Accommodations 530 General Act/Review or Appeal of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: 462 Naturalization Application 950 Constitutionality of
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration State Statutes
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
,' 0 1 ,)( .), 2
VI. CAUSE OF ACTION Brief description of cause:
1 % 34 1 5 $ 6 % 6 1 7 % 6 % 1 84 71 7 % 6 % 1
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
)(9,!9&)," 9 9
FOR OFFICE USE ONLY
RECEIPT # Case 5:19-cv-00250-FL

AMOUNT Document
APPLYING IFP 1-17 Filed 06/18/19 PageMAG.
JUDGE 1 ofJUDGE
2
JS 44 Reverse (Rev. 0 )
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE
NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in
statue.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Epic Games V CBV

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Epic Games V CBV

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

Plaintiff Epic Games, Inc. (“Epic” or “Plaintiff”) complains of Defendant C.B.1

NATURE OF THE ACTION

(iii) circumvention of technological measures in violation of the Digital Millennium Copyright

cause, or materially contribute to the creation of unauthorized derivative works by others.

restore the material at issue.

effectively controls access to a copyright protected work and trafficking in circumvention

technology. It grants copyright owners the right to enforce these prohibitions.

5. This is a copyright infringement case in which the Defendant is infringing Epic’s

Fortnite. In so doing, Defendant creates unauthorized derivative works of Fortnite by modifying

at Fortnite by using cheat software (“cheats” or “hacks”) to unlawfully modify Fortnite’s

8. On information and belief, Defendant financially benefits from these sales.

10. Defendant’s conduct is profoundly damaging to Epic because cheating by a

Fortnite’s players and audience take from the game.

12. Defendant’s conduct is offensive to many members of the Fortnite community,

and belief, violates the DMCA’s anti-circumvention and anti-trafficking prohibitions.

16. Accordingly, Defendant should be permanently enjoined from continuing to

made to pay Epic damages and its attorney’s fees.

U.S.C. §§ 106 and 501, et. seq.

which are located in this District.

Defendant consented to venue in this District.

business in Wake County, North Carolina.

Epic and Fortnite

monsters that populate this Fortnite world.

24. Fortnite was released broadly on July 25, 2017.

[available at: https://www.epicgames.com/fortnite/en-US/play-now/battle-royale] that provides a

environments with intense player vs. player (“PvP”) combat.

ensure a fair playing field for all.

Epic’s Copyrights in Fortnite

Epic’s Terms of Service

35. In order to play Fortnite on PC—which is the platform on which Defendant is

of Service is attached hereto as Exhibit D.)

Defendant did in this case.

access or use Epic’s services. (Id.)

Court for the Eastern District of North Carolina.” (Id. at 3.)

42. The Terms specifically exempt “claims of piracy, creation, distribution, or

an unfair competitive advantage in Fortnite), and intellectual property infringement” from

arbitration. (Id. at 3.)

prohibited from doing. Specifically, the Terms provide that users:

a. are “permitted to use [Epic’s s]ervices for [their] personal, non-

prospective customer of Epic”; but

publicly perform, republish, or transmit any of the material obtained through

notices from copies of materials from [Epic’s s]ervices”; and

services or materials available through [Epic’s s]ervices.”

(Id. at 1-2.) (emphasis added).

acceptance” of the EULA. (Id. at 1.)

State of North Carolina. (Id. at 5.)

venue, or inconvenient forum objections to such courts.” (Id.)

53. The EULA specifically exempts “claims of piracy, creation, distribution, or

an unfair competitive advantage in Fortnite), and intellectual property infringement” from

arbitration. (Id. at 3.)

a. “copy, reproduce, distribute … , display, or use [Fornite] in a way

that is not expressly authorized in this Agreement;”

b. “reverse engineer, derive source code from, modify, adapt, translate,

decompile, or disassemble it or make derivative works based on it;” and

c. “create, develop, distribute, or use any unauthorized software

programs to gain advantage in any online or other game modes;” and

d. “behave in a manner which is detrimental to the enjoyment of the

Software by other users as intended by Epic.”

(Id. at 1-2.) (emphasis added.)

Defendant and His Unlawful Acts

56. Defendant is a cheater.