Authorized – Epic Games

FORTNITE DEVELOPER TERMS

1. Introduction.

These Fortnite Developer Terms (“Terms”) allow you, an eligible developer (“Developer“), to take part within the Fortnite Developer Program (“Developer Program” or “Program”) and to be paid for the Engagement Payout Program Award (“Engagement Payout Award“) and the Direct Economy Payout (“Direct Economy Payout“), collectively known as “Payouts.”

2. About these Terms.

These Terms apply to your participation within the Program and is a contract between the Developer that accepts these Terms (“you ,” “your ,” or “yours”) and Epic as outlined in Section 11.6. By submitting your Application, you acknowledge that you’ve got reviewed and conform to be certain by the phrases of this contract and all of Epic’s insurance policies, together with the Epic Games Terms of Service (which these Terms are part of), the Fortnite Developer Rules, Epic Content Guidelines, Epic Community Rules, the Fan Content Policy, and another relevant insurance policies or documentation Epic could publish or replace occasionally at Epic’s sole discretion (topic to note to you as offered in every respective doc) (collectively, “Epic Terms and Policies”). This subsequent half is essential:

READ THESE TERMS CAREFULLY. ANY DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED AS PROVIDED FOR IN THE EPIC TERMS, WHICH FOR U.S. PERSONS MEANS YOU ARE AGREEING TO RESOLVE MOST DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVING UP THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN CLASS ACTIONS. SEE SECTIONS 16 AND 17 OF THE EPIC TERMS FOR DETAILS.

3. Developer Program Eligibility Requirements.

In addition to accepting these Terms and submitting your Application, you have to meet the next necessities to take part within the Developer Program:

3.1 Age Requirements. You have to be a authorized grownup the place you reside to just accept these Terms. By making use of to this Developer Program, you characterize that you’re legally an grownup in your area.

3.2 Enterprises. If you’re accepting these Terms on behalf of an organization, restricted legal responsibility firm, restricted partnership or different authorized entity, (“Enterprise”), you characterize that you’ve got authority to behave on behalf of that Enterprise, and that such Enterprise accepts these Terms. For readability, Enterprises will not be Teams for the aim of Section 3.8.

3.3 Epic Account Requirements. You should have an lively Epic Games Account (“Account”) with 2-Factor Authentication enabled that both:

(a) first logged into Fortnite a minimum of 30 days earlier than making use of, and edited a minimum of one Island in Fortnite Creative or Unreal Editor for Fortnite (UEFN) or edited a venture in Unreal Engine for a minimum of 7 of the final 30 days; OR

(b) spent and redeemed $75 or extra (based mostly on USD costs) on Fortnite in-game purchases within the final 90 days; V-Buck Gift Cards will not be eligible towards this requirement.

3.4 Financial Information. You should present full and correct tax and fee info to Epic and its Payout Provider on the timeline required by Epic.

3.5 Compliance with Other Terms. You have to be in compliance with these Terms, Epic Games Terms of Service, and all different Epic Terms and extra phrases and insurance policies that apply to you as a Developer (for instance Fortnite Developer Rules) or as a Fortnite End User.

3.6 Customary Restrictions. Epic staff, brokers, representatives, and their fast members of the family (e.g., partner, father or mother, sibling, and anyone dwelling along with one among our staff) are ineligible to use.

3.7 Developer Program Availability. You will not be eligible to take part if the Developer Program is restricted or prohibited by regulation the place you reside, or we can’t remit fee to you due to authorized or different issues. Epic makes use of a third-party fee supplier to make Engagement Payout Award funds to Developer Program members in these countries and regions.

3.8 Teams. If Developers coordinate as a gaggle or staff to register for a single account to create Content (a “Team”), the person proprietor of the account will probably be thought of the chief of the Team (the “Team Leader”). By collaborating in a Team, you’re giving the Team Leader the only real and unique proper to behave on behalf of the complete Team, your self included. Teams could enter separate agreements relating to actions associated to funds, Content, or the Team Leader’s authority, however Epic is just not a celebration to and won’t be certain by any settlement amongst or between the members of a Team .

If you resolve to take part in a Team, you acknowledge the next:

• Any reference to “you” or “Developer” means the Team Leader.
• Epic will make any funds beneath these Terms solely to the Team Leader. Members of a Team agree that their sole treatment within the occasion of a fee dispute is to hunt restoration of any fee from the Team Leader, and waive any claims towards Epic for funds made to the Team Leader.
• If the Team elects a brand new Team Leader, the Team should contact Epic Player Support to inform Epic of the change and observe Epic’s procedures for verification. In the choice, the Team could publish new content material beneath the brand new Team Leader’s Epic Games account.

Epic doesn’t supply any opinion or recommendation regarding how a Team chooses to distribute Payouts amongst its members. However, it’s incumbent upon the Team Leader to adjust to all relevant legal guidelines and rules regarding fee or nonpayment for companies carried out amongst a Team, together with all relevant labor and employment legal guidelines in every area the place particular person members of the Team reside.

4. Your Content and Conduct.

4.1 Restricted Content. Not all Content is eligible for monetization by way of the Developer Program. Content is simply eligible for Payouts if it meets these circumstances: it complies with these Terms (together with all Epic Terms and Policies), is revealed to Fortnite by an Account owned and operated by you, and for which Epic makes monetization out there.

By method of instance, however with out limiting another Content restrictions laid out in these Terms and you aren’t allowed to do any of the next:

• Fake Engagement. You could not do something that causes or encourages any synthetic manipulation of real End User engagement, together with by utilizing computerized methods or offering third events with incentives to extend synthetic site visitors, or in any other case manipulate metrics in any method.
• Impersonation. You cannot falsely use the id of or declare to be one other particular person, Developer, or model, or in any other case trigger confusion concerning the supply of the Content or the supply of products or companies included inside the Content.
• Deception, Fraud, Spam. You could not spam, rip-off, or use different misleading practices to trick End Users into deceptive or benefiting from different End Users. You could not misrepresent the options, worth, performance, nor limitations of any Content, together with off-platform.
• Self-Dealing. You could not have interaction in self-dealing individually or in coordination with others by buying V-Bucks and utilizing them to buy your personal content material on a scale past what is critical for peculiar testing of your Content.
• Reporting Abuse. You could not misuse any reporting, criticism, dispute, or appeals course of, together with by making groundless, vexatious, or frivolous submissions.
• Infringing Content. You could not: (a) publish Content infringing on copyright or logos, together with Content equivalent to third-party mental property (equivalent to copyrighted materials) or the Content of different Developers; or (b) incorporate or characteristic third-party mental property, together with third-party mental property that seems in Fortnite (e.g. the Content of different Developers), in advertising or promotional supplies associated to your Content until you’ve got permission from that social gathering or are in any other case legally entitled to take action. You and also you alone are legally chargeable for the Content you submit.
• Epic IP. You don’t have permission to make use of Epic-owned mental property (together with logos and copyrighted Content) apart from Epic-created Content offered to you expressly to be used in your Content. You could use Epic-created Content (e.g., Epic-created environmental or character belongings) in gameplay movies and in different advertising or promotional supplies topic to the related Epic Policies, such because the Fortnite Developer Rules and Epic Brand Guidelines.
• We reply to notices of alleged copyright infringement based on the method described here. In applicable circumstances, Epic’s insurance policies present for the termination of repeat infringers’ Account entry.

4.2 Removal of Content

4.2.1 Removal of Content by Epic. If your Content violates these Terms or relevant regulation, Epic could take away, droop availability to, or refuse to publish, any or all your Content. Epic may additionally take away your Content within the occasion of any change in relevant legal guidelines, rules, or insurance policies that might in any other case threat legal responsibility for Epic, together with compromising the integrity or operation of Fortnite.

4.2.2 Removal of Content by You. You could take away your Content at any time. You should take away your Content from the Service in case you now not have the rights required by these Terms.

4.2.3 Effect of Removal. Content that’s eliminated is ineligible for Payouts upon removing.

Please notice: Even in case you delete or take away any beforehand revealed Content that violates these Terms, you possibly can nonetheless be in violation of those Terms. Publishing prohibited Content at any time, even whether it is later deleted or eliminated, might be the idea of a unfavorable willpower in your Epic Games Account.

4.3 Terms Violations.

4.3.1 Payment Withholding. Epic could withhold or regulate the Payout related along with your violation of those Terms, together with within the occasion that you just violate Sections 4.1 or 4.4. If after issuing a Payout we decide that you just violated these Terms earlier than you earned such Payout, Epic reserves the precise to get well that Payout by deducting such quantities from any future Payout you could obtain. In sure circumstances, Epic may additionally quickly droop for a time frame the Payouts on any or all your Content.

4.3.2 Suspend or Terminate Developer Program Participation. Violation of those Terms, as decided by Epic in Epic’s sole discretion, could lead to your non permanent suspension from or everlasting removing from the Developer Program. If your participation within the Developer Program has been suspended or terminated, you could not use one other Account to bypass these restrictions.

4.3.3 Suspend or Terminate Account. Epic could terminate your Account in accordance with these Terms, the Epic’s insurance policies, or another settlement you’ve got with Epic.

4.4 Your Content Generally. You acknowledge and agree that you’re solely chargeable for any and all claims and liabilities involving or referring to your Content, together with Developer-Made Content and Redeemable Developer-Made Content, each as outlined within the Epic Games Terms of Service. You additional acknowledge and conform to abide by all relevant native legal guidelines referring to the event of Your Content.

4.5. Notice. Epic will use cheap business efforts to inform you in reference to any unfavorable motion taken in accordance with this Section and methods to enchantment the motion until we moderately imagine that to take action: (a) would violate the regulation, the course of a authorized enforcement authority, or in any other case threat authorized legal responsibility for Epic or our Affiliates; (b) would compromise an ongoing investigation or the integrity or operation of Fortnite; or (c) would in any other case threat legal responsibility or hurt to any End User, third social gathering, Epic or our Affiliates.

5. Payout Calculations.

5.1 Engagement Payout Award. Epic evaluates the efficiency of your Content in Fortnite by measuring how participating End Users discover that Content as a foundation for an Engagement Payout Award which distributes a portion of spending from purchases of beauty and related client objects which can be usable throughout all of Fortnite (the “Engagement Payout Pool“) to builders based mostly on engagement. Your Engagement Payout Award displays the engagement attributable to your Content as a portion of End User engagement throughout all content material in Fortnite, as solely decided by Epic. Epic will, occasionally, replace the system used to calculate Engagement Payout Awards. You can study extra about how the Engagement Payout Pool and your Engagement Payout Award are calculated here by following developer information here.

5.2 Direct Economy Payout. On a month-to-month foundation, Epic will apply a V-Buck efficient worth (“VEV”) to End User Credit (as outlined by Section 10 of the Epic Terms of Service) redemptions for Redeemable Developer-Made Content (as outlined by Section 11.3(a) of those Terms) in your expertise. Epic will assign a VEV in US Dollars for every month by pooling, at a territorial or per-user granularity decided by Epic, all buyer real-money spending to buy V-Bucks through the month (transformed to US Dollars), subtracting platform and retailer charges, and dividing the end result by the entire V-Bucks spent by gamers throughout that month. Your Direct Economy Payout is meant to roughly replicate the worth of End User engagement with Redeemable Developer-Made Content. You can study extra about how the Direct Economy Payout is calculated here and by following developer information here.

5.3 No Right to Audit. Neither these Terms nor another settlement or authorized precept present any best for you or any third social gathering to examine or look at any of Epic’s knowledge, paperwork, data, software program, or methods, associated to or in any method related with the Developer Program. Epic has no responsibility to reveal any monetary statements, stability sheets, formulation, or another enterprise data to you or any third social gathering, particularly together with any monetary info associated to the Payouts.

6. Payment Details.

Epic will distribute Payouts month-to-month. Here’s what to anticipate with Epic’s payout course of:

6.1 Payouts. You should efficiently arrange a payout account and full any payout enrollment course of required by the third-party service supplier Epic engages to course of and distribute Engagement Payout Awards and Direct Economy Payout (“Payout Provider”) earlier than you possibly can obtain Payouts. You can have 60 days from Acceptance into the Developer Program to finish the enrollment course of. If by that point you haven’t accomplished the enrollment course of, you will be unable to obtain any Payout Awards, any attributed purchases or redemptions will reset to zero, and we’ll terminate these Terms.

6.2 Representatives. If you’re performing as a Developer’s agent or consultant, you certify that you’re licensed to offer the particular payout info which you give to us and, the place relevant, to obtain Payouts from us. Epic is just not chargeable for, and won’t adjudicate, any disputes between you and another agent or entity referring to (a) payout info that you just present to us or (b) the payout or any apportionment of the payout between you and any third social gathering.

6.3 Paid Monthly by way of Payout Provider. If you attain the Payout Minimum, we’ll distribute your Payouts roughly 30 days after the top of the month for which it’s calculated. Your Payouts lag behind one month as a result of we overview engagement for the complete month. As an instance, your November Payout would replicate your October engagement. You can view your Payout info inside the Creator Portal.

6.4 Payout Minimum. Generally, we solely problem fee in quantities over $100 USD. If the Engagement Payout Award and Direct Economy Payout related along with your Account in combination don’t equal or exceed $100 USD (the “Payout Minimum”), we’ll roll that quantity over month-to-month and pay you once you cross the Payout Minimum threshold. The Payout Minimum threshold is taken into account each 12 months ranging from the date of Acceptance into the Developer Program. If you don’t attain the Payout Minimum threshold inside a 12-consecutive month interval, your Payouts will probably be reset to zero and you’ll have to begin once more. If you take part in different Epic monetization applications, Epic could, at its discretion, mix eligible rewards payable to you in reference to another program to satisfy the Payout Minimum.

6.5 End User Engagement with Redeemable Developer-Made Content. When an End User engages with Redeemable Developer-Made Content with Credits in your Experience, a contractual relationship is shaped between you and the End User.

6.5.1 [UK/EU] Notwithstanding Section 6.5., if a End User is situated within the United Kingdom, European Union, or European Economic Area, and engages with Redeemable Developer-Made Content with Credits in your Experience, the contractual relationship is between you and Epic, on the one hand, and Epic and the End User, alternatively.

6.5.2 [Japan] Notwithstanding Sections 6.5. & 6.5.1, if an End User is situated in Japan, the contractual relationship with respect to the End User’s engagement with Redeemable Developer-Made Content with Credits is between the End User and Epic solely. In relation to the End User, solely Epic holds the standing of the vendor of the Content.

6.6 Payout Clawbacks . In the occasion Epic determines that any Payout was improperly offered to you, Epic could recoup or require compensation of all or parts of such Payout. To the fullest extent of the regulation, Epic could offset the quantity to be recouped towards any future Payouts or pursue compensation by means of different lawful means.

7. Taxes.

7.1 Forms. We will want you to provide us a accomplished Form W-9 (if you’re based mostly within the United States) or Form W-8BEN (if you’re not based mostly within the United States), checking account particulars, and different info on your tax onboarding in order that we will pay you.

7.2 Reporting and Withholding. You are chargeable for the fee of all different taxes, together with revenue taxes, self-employment taxes, levies, gross sales tax, VAT, and related charges, due on funds we make to you beneath these Terms. In sure jurisdictions, tax rules could require that we acquire and/or report tax details about you, withhold taxes from payouts to you, or each. If you fail to offer us with documentation that we decide is enough to satisfy our obligation to withhold taxes from payouts to you, we could withhold payouts as much as the quantity as required by regulation, till you present us with enough documentation.

If we’ve got to withhold taxes on funds we make to you, we’ll deduct these taxes from the quantity owed to you and pay the right tax authorities. We gives you a receipt for any of those withholding taxes and we’ll additionally present you different paperwork you moderately request as a way to declare overseas tax credit or refunds.

8. Fees.

8.1 Payout Transaction Fees. Please notice, transaction charges are charged by our Payout Provider on every Payout (which will probably be paid from any quantities that might in any other case be owed to you). Epic doesn’t assess any further charges.

8.2 Third-Party Costs. You are solely chargeable for any third social gathering prices or charges related to Epic’s publication of your Content. Epic’s solely obligations beneath these Terms are to you, the person End User Accepting these phrases, and solely upon Epic’s acceptance of your Application. Epic is just not and won’t be chargeable for any commissions, taxes, charges, or different monies that you just owe to others, together with others who could have helped you create your Content.

8.3 Third-Party Agreements. You acknowledge that Epic is just not accountable beneath any guild, union, artist, file label, publishing firm, third social gathering licensor, or performing rights society settlement (“Third Party Agreements”) to make use of your Content as permitted beneath these Terms and Epic’s insurance policies. If you create any content material that’s topic to such funds or obligations, you’re solely chargeable for making these funds. If any demand is made to Epic with regard to such funds, Epic reserves the precise to: a) deduct such quantities from any funds owed to you; b) take away your Content; c) terminate or droop these Terms till you’ve got correctly remitted funds to the suitable events; d) pursue another cures out there to Epic at regulation or fairness; or e) any mixture of the foregoing.

9. Developer Program Termination and Modification.

9.1 Epic’s Right to Modify. Epic could change these Terms, for instance, modify, amend, add, take away, or modify the Eligibility Requirements, and alter how we calculate Payouts, all at any time and for any motive by updating these Terms.

If we materially change these Terms, we’ll offer you cheap advance discover and the chance to overview the modifications, besides in pressing conditions, equivalent to authorized, regulatory, or safety causes or to forestall hurt or legal responsibility to any End User, third social gathering, Epic or our Affiliates. If you don’t conform to the brand new phrases, it is best to cease utilizing the Creator Portal and take away any Content you revealed.

9.2 Epic’s Right to Terminate. The existence of this Developer Program at the moment by no means creates an obligation for Epic to proceed this system sooner or later, nor does it assure that you’ll obtain any future Payouts. Epic could terminate these Terms at any time by offering you with a minimum of 15 days’ discover.

9.3 Your proper to Terminate. You could terminate these phrases any time by offering Epic a minimum of 15 days’ discover.

9.4 Effect of Suspension or Termination. Once you or we terminate these Terms, you’ll solely be entitled to Payouts referring to the interval previous to termination, and provided that people who meet the Payout Minimum threshold.

10. Other Matters.

10.1 Disclosures. Both Users and their Content should adjust to all authorized and regulatory disclosure necessities, together with endorsement disclosures, the place relevant.

10.2 No Employment Relationship with Epic. These Terms represent a non-exclusive contract between Epic as a self-publishing platform on your Content and also you as an impartial Developer. Payouts will not be wages. Voluntarily submitting Content for inclusion in Fortnite doesn’t create an employment or impartial contractor relationship between you and Epic. Epic is just not hiring or participating you to offer any service. As a participant within the Developer Program, you set your personal schedule, and create Content provided that, as and once you select and with out supervision, management, or course by Epic. You are chargeable for your personal gear and provides that you just use to create. You undertake these actions at your personal threat, and you’ll not be entitled to employee’s compensation, insurance coverage safety, or different advantages that Epic would possibly present to its staff.

10.3 Assignment. You could not assign or switch your rights and obligations beneath these Terms to another particular person for any motive, and until in any other case prohibited, any try by you to take action will probably be thought of void and may additionally end result within the termination of those Terms and your Account.

10.4 LIMITATIONS OF LIABILITY. The limitations of legal responsibility set forth in Section 15 of the Epic Games Terms of Service are hereby integrated by reference into these Terms with the identical pressure and impact as if absolutely set forth herein.The provisions of this paragraph shall apply to the fullest extent licensed by relevant regulation: EPIC SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR CONTENT YOU CREATE, INCLUDING FOR ANY LOSS OR DAMAGES ASSOCIATED WITH THAT CONTENT. DEVELOPER-MADE CONTENT IS THE SOLE RESPONSIBILITY OF THE DEVELOPER THAT MADE IT AVAILABLE. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, IN NO EVENT SHALL EPIC OR ITS DIRECT OR INDIRECT SUBSIDIARIES, CONTROLLED AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE TO ANY PERSON OR ENTITY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF EPIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY.

10.5 Indemnification. You conform to indemnify, defend and maintain Epic, its Affiliates, and every of the foregoing’s respective administrators, officers, staff, brokers, successors and assigns (collectively the “Epic Parties”), from and towards any and all third social gathering claims, loss, legal responsibility, harm, property injury, prices or damages arising from precise or threatened claims or causes of motion for (a) your alleged or precise breach of those Terms, (b) your gross negligence or willful misconduct, or (c) arising from to your Content, together with with out limitation, Redeemable Developer-Made Content. In addition, End User agrees to defend, indemnify and maintain the Epic Parties innocent from and towards any and all third-party claims, damages, liabilities, prices and bills (together with, with out limitation, cheap exterior attorneys’ charges) arising from the Content, together with, with out limitation, associated mental property claims. This provision shall survive the expiration or termination of those Terms.

10.6 Insurance. You acknowledge that Epic doesn’t present for or carry any insurance coverage of any type on your profit or that of your heirs, executors and directors relative to your obligations beneath these Terms. You are solely chargeable for acquiring and paying for any life, accident, vehicle, employment-related, property or different insurance coverage relative to your creation of Content, or any obligations you owe beneath these Terms.

10.7 Choice of Law/Venue. These Terms and any disputes arising beneath them shall be ruled by the legal guidelines of North Carolina relevant to contracts executed and carried out completely therein. Any motion to implement these Terms to which an relevant settlement to arbitrate doesn’t apply shall be introduced solely within the state courts in Wake County, North Carolina or, if federal jurisdiction exists, the United States District Court for the Eastern District of North Carolina, and Epic and also you irrevocably undergo the jurisdiction of such courts and conform to waive any objection that such courts are an inconvenient discussion board.

10.8 Severability. If any provision of those Terms is or turns into or is deemed invalid, unlawful or unenforceable beneath the relevant legal guidelines or rules of any jurisdiction, both such provision shall be deemed amended to evolve to such legal guidelines or rules with out materially altering the intentions of the events and enforced accordingly, or it shall be stricken and the rest of those Terms shall stay in full pressure and impact.

10.9 Remedies. If Epic breaches any provision of those Terms, the injury, if any, brought about to you thereby won’t be irreparable or in any other case enough to entitle you to injunctive or different equitable reduction with respect to any of Epic’s services. Your rights and cures in any such occasion shall be strictly restricted to the precise, if any, to get well cash damages in an motion at regulation and to terminate these Terms in accordance with Section 9 of those Terms. You shall not be entitled by motive of any such breach to hunt any injunctive or different equitable reduction with respect to any of Epic’s services. All cures, rights, undertakings, obligations and agreements contained in these Terms shall be cumulative and none thereof shall be in limitation.

11. Defined Terms.

In addition to the capitalized phrases outlined above, the next phrases have these specified meanings as utilized in these Terms:

11.1 “Affiliate” means, with respect to Epic, any entity that straight or not directly controls, is managed by, or is beneath widespread management with such Party, together with (by means of instance however not restricted to) its sublicensees and subsidiaries.

11.2 “Application” means the finished info and supplies you have to present to Epic to use to take part on this Developer Program.

11.3 “Content” means (1) the belongings, Islands, objects, and all different supplies you create utilizing the Unreal Editor for Fortnite instruments, (2) the Islands you create utilizing the Fortnite Creative instruments, (3) all different supplies, together with off-platform advertising supplies, that you just create, supply, show, make out there, prepare or present utilizing different Developer Tools (such because the Creator Portal), to the extent these supplies adjust to Epic’s insurance policies.

(a) “Redeemable Developer-Made Content” means Content redeemed for Credits (as defined in Section 12 and Addendum1 of the Epic Games Terms of Service).

11.4 “Developer Tools” means the development tools (including Unreal Editor for Fortnite and Fortnite Creative), systems, and services (including the Creator Portal, and Creator web applications) made available by Epic that allow Developers to develop, modify, and distribute Content that may be published in Fortnite.

11.5 “Digital Rights” means the limited rights in a Content (listed in Section 1) that you, through Epic, grant to End Users who access your Content.

11.6 “Epic ,” “we ,” “ours ,” or “us” means:

1. If your primary residence (or primary place of business, if you are an Enterprise) is in the United States, Epic Games, Inc.; or
2. If your primary residence or primary place of business is not in the United States, (i) Epic Games Entertainment International GmbH, a limited liability company organized under the laws of Switzerland, if you are creating Content licensed by that entity or (ii) Epic Games Commerce GmbH, a limited liability company organized under the laws of Switzerland, who may act as merchant of record or if you are creating any other Content.

11.7 “Fortnite” means all content (including Islands), whether made available by Epic, its partners, its Affiliates or its End Users, and offered via the gaming ecosystem and/or game client known as “Fortnite” irrespective of point of access, including all updates, expansions, and improvements, as well as all social features, extensions, public accounts, companion apps, and other official channels associated with the “Fortnite” model or “Fortnite” co-branded Islands.

11.8 “Islands” means content material that represents a discrete consumable expertise, created utilizing the Developer Tools, which may be revealed on Fortnite. For readability, such Islands could embody however will not be restricted to content material made by Epic, its Affiliates, companions, or Developers.

11.9“End User” means any pure particular person, firm, or different authorized entity lawfully interacting with Fortnite pursuant to Epic’s insurance policies.