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Vainglory Lore: Churnwalker

Vainglory Lore: Churnwalker

  • Vainglory
  • |
  • Sep 21, 2017

Part One

 

Tap to reveal story

Excerpt from the recovered letters of Martim Walker

For the Guildmaster’s eyes only:

I have emerged from within the Churn-infested volcano at the center of Shichi Shima Shotou, which we call the Seven Islands, thanks to the environmentally sealed suit that I commissioned with a considerable amount of my own wealth and in utmost secrecy. I am unharmed but for bumps and bruises and full of never-before-reported information. I have not yet stopped to rest, as my mind races with the magnanimity of what I’ve witnessed.

I traveled alone into that heart of that darkness, and I am unashamed to admit that I was terrified. Ashen, slow-moving magma cooled into igneous pathways that I followed, spiraling down wherever I could find sure footing. I soon found evidence of life: Silversword plants and green-red moss struck out from the porous rock faces with threatening beauty. The ground thickened with shrubs and ferns and then various jungle trees which grew to monstrous size the further into the volcano I ventured.

All was silent while the Churn took notice of me, stalking me like a predator, sniffing at my fear. And then, it began to speak. I heard its whispers in the small hairs on my neck, uttering a language I have never heard. When I spun to see what whispered, I saw nothing. Soon it was inside my mind, replacing my own language, so that my thoughts spooled out in these strange syllables. “Ebbet ikro ido?” it demanded, and somehow I knew to respond, aloud, with my own name.

Behind the giant leaves, I observed enormous scorpions and beetles that skittered, without sound, away from the dim light. Growth burst from every available finger-width of rich soil, vines and leaves and slithering things fighting for space, twisting around one another. A bright red frog eyed me from its perch on a tall branch; a snail wide as a dinner plate made its slow way up a thorny tree; pigeons the size of eagles sailed overhead. I snapped a flower twice the size of my head from its stalk and the flower struggled in my grip; I watched it grow a new stem that plowed deep into the volcanic soil by my feet with haughty indignance, and the whisper said, “Astek givav ikri edu buvad bebu…”

I might have wandered forever in the Churn, lost in its endless wonders, if not for the storm. As I approached the heart of the volcano, the mist grew thicker and swirled with igneous dust. I pushed forward even when I could not see, drawn to the whispers which grew louder and more insistent with every step, until the ground beneath my feet trembled. I lost my footing and was tossed away by the storm. My arms flailed in a panic; I grasped a thick palm branch, but I was flung away again by the strong wind.

In that Churnstorm I experienced a most strange phenomenon: I saw visions of myself reflected in the fog and dust all around me. I call them visions, for they could not have been me, but they were solid as I. So disturbing were these visions that I couldn’t bear to not embody them; in this one thought I felt in my body a painful buckling, a sensation like all of my bones breaking, folding in on themselves and then unfolding again into another of the visions.

When the hurricane began to sweep me again deeper into the volcano, I willed myself to be another vision of myself, and traveled to it in the same fashion. In this way, trespassing from vision to vision, I managed to make my way toward the visible sky. As my men pulled me by the arms to safety, I heard the whisper insist, “Ikro vli ve shavod.” I am told that I responded, “Oeda vli stishad!” I do not remember this, nor do I have any understanding of this phrase.

My terrified fellow Explorers have surmised that this would be my last — indeed any human’s last — excursion of its kind. This belies nothing but an unforgivable lack of imagination. I have already begun sketching out a pulley system to be worn upon the shoulders of my sealed suit, through which would crank lengths of chain and hooks, to secure me into the ground or onto sturdy plant life for encounters with future Churnstorms. The scientific implications of Churn study cannot now be denied.

All secrets are worth knowing,
Martim Walker

Part Two

 

Tap to reveal story
Excerpt from the recovered letters of Martim Walker

For the Guildmaster’s eyes only:

How strange it is to emerge into the Calm after weeks or months — time does not track the same in The Churn and without my crew I have no way of knowing for how long I have remained inside — and be surrounded again by the inane bustling of villages and cities, with their fleeting governments and their fragile people so concerned with trivialities. My vision-jumps, which I call “Trespassing,” allow me to travel quickly across Churn-infected land. On occasion I surface in a small pocket of Calm inside which thrives an insulated population with no knowledge of the outside world. What a fright I must seem, in my Churn suit and pulley system, speaking no language they know! I imagine they have drummed up terrifying stories of warning about me for their children.

I received your letter in Crescent City denying future stipends and commanding me home due to expired treaties in the Eventides and what I believe is unwarranted concern for my physical well-being. Indeed, Churnstorms are stronger the closer one comes to the wells, but I make good use of my ingenious chain and pulley system, not only for its grounding effect but for the pacification of violent Churnbeasts. Oftimes, a deep hooking and a masterly shake of the chain makes those overgrown animals whimper like lap puppies.

Your concern for my mental state could be valid — I do hear the whispers whenever the Churn is near. Perhaps it has taken on me a vengeance for my trespassing. It whispers to me things about myself which I do not know, things of which I had no conception until I delved into this great solitude. It has created a hollow core in me, in which the whisper loudly echoes — or perhaps the space that my former fears occupied has been filled by this greater wisdom.

After a night deep in the spirits with the local Islanders, I have carried onward into Les Côtes D’Olives despite your concerns. When I have sent to you my charts and findings, I am certain all will be forgiven.

All secrets are worth knowing,
Martim Walker

~

Excerpt from the recovered letters of Martim Walker

For the Guildmaster’s eyes only:

Enclosed you shall find the completed charts of the wells of power on two continents, through the overrun Gythian provinces of Aullerium and Renaia; under the ocean surrounding Taizen Gate; along Les Côtes D’Olives, where the Churn boils the sea and the coral reefs grow wild and carnivorous; over the Seven Islands and Horangee-go’t, the Tiger Peninsula; over the Ancient Wall and all through the Lost Continent; and even deep into the uncrossable desert of The Shimmer. I am sure you will see, for you must see, the importance of this work and of your continued patronage.

I have sent these despite the discovery that the guild has disowned me and, by association, my family, leaving them penniless and my children without professions. Is it true that some believe I am dead, and that my published work has been discarded and banned in Gythia? I can but hope that these are vicious rumors; just in case, I have donated my private collection to the House of Insight in the Glass City to ensure its preservation.

In my weeks there, I allowed myself to be examined by their physicians. In their mirrors I saw myself at last with my suit removed and found that my flesh had changed. My suit was not as sealed from the elements as I thought. This malfunction has proved correct my inoculation hypothesis. The marvelous scientists of The Shimmer concur.

All secrets are worth knowing,
Martim Walker

Part Three

 

Tap to reveal story
Excerpt from the recovered journal of Martim Walker

The new Guildmaster has, after consideration of my work, refused to publish it, declaring me an obsessed madman. Stida evibez! I have also intercepted letters from my wife about our children, now grown. I recorded my departure from my little children only a few seasons past, but time flows at a different pace in the Churn. I reconciled both lunar and solar calendars and the star charts, and I have determined that I left my country some ninety years ago. I should be long dead, yet I thrive. I must make detailed notes of this anomaly, even though the Cartographers have abandoned me. I will cast no more pearls before the swine of Gythia.

The speech of my birth no longer lives on my tongue; ida gekra ivi beu idat daxdaz. Only by hand may I communicate in Gythian now, and only with great concentration. Always, too, the whisper beckons me home.

I have learned to communicate with Churnbeasts using the Churn language… hush now, bast! Ikra dabdaz vist… though they are as likely to be commanded as the Summer Queen of Lionne, long may the stubborn old girl reign. It is to her I shall send my latest work. I have detected a well of power buried deep within the mountain from which might be siphoned energy to empower the queen’s armies. It will not be long before the greedy mage queens pacify the Eventides, and then they shall turn their eyes to the ever-weakening Gythian empire. Her triumph shall be my revenge.

All secrets are worth knowing,
Martim Walker

~

And now it is rumored that I never lived at all! Ide velshibe ebbat ide vli gekre. No matter; ide vl’oede idam bastad. While the Cartographers politicked in comfort, it was I, only I, who explored the wild world and mapped the unmappable. Ide f’ijbre jid idam, one way or the other, for the Churn’s power rises through the soil, lurking beneath us all. Ikri ust edu beu idum; it is life, bequeathed to us in teaspoon sips until we step past the barrier of fear and immerse ourselves in that… hehva… ov hehva… that darkness. When we allow that power to course through our veins, when our hearts align with that dark heart of the world’s true life source, then we are free to guzzle from life’s overflowing river. No more are we slaves to society’s petty constructs of fear. Within the Churn there is no today and no… no jid’hok, and so there is no fear of death. Indeed when death does come for me, my corpse will rot smiling, feeling my life’s work well done.

All secrets are worth knowing,
Martim Walker

~

What is the Churn but another… givav… what is the word in Gythian? …upon which I am the only man, save perhaps he who whispers to me there? I surfaced into the Calm this morning with my charts and diaries bundled for delivery and hiked to the nearest port having spoken and heard nothing but the Churn language for so long – buvo exi stex? – that it took some hours for my mind to decipher… world, that is the word! Another world upon which I am the only man. I have come to realize that life, as they think of it in the Calm, is… what is the word? Ve dlibu… a dream, and the creatures within that dream worthless, one misstep from the Netherworld; it is no cruelty that Churnbeasts kill creatures of the Calm with impunity, for to Churn creatures, a thing that dies with ease is not worth the air it breathes.

I must make these notes before I submerge again, for I forget more and more the language of my birth; I hear the Churn whispering in and out of the Calm now. The whisper is my only companion, or perhaps ikri ust beu idam; in either instance there is only one living world for me now. For I am the Churn, and the Churn is mine, and I will not stop my work, never. Ikri idat, e voda vl’ebbut.

All secrets are worth knowing,
Martim Walker

~

So I am a monster they say, the world over, and perhaps ide ikre kiovebraka, for my name fades even from my own memory, along with my wife’s voice, the laughter of my son, the taste of my mother’s baked clams and crusty bread. Now I am a warning, in a thousand languages, to naughty children: Never, no never, wander beyond the Calm, for The Churnwalker lurks within…

I hear pieces of news, out of order and meaningless: a civil war in Gythia, the discovery of crystal mines on Tiger Peninsula, a technological revolution in the House of Insight, a young Storm Queen building her capital city atop the buried well of power on Mont Lille. Perhaps, when the time is right, I shall return to help topple the empire that discarded my life’s work, destroyed my name, and ruined my family. Ikra ov Churnwalker. If it is a monster they want, then ikri v’ahskad f’ave.

Edu drovliz ikre skiv gekradaz,
The Churnwalker

ALTERNATE FATES

‘Clownwalker’

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VIII. LINKS

The Site may contain links to websites operated by other parties. Super Evil provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Super Evil, and Super Evil is not responsible for the content available on the other sites. Such links do not imply endorsement by Super Evil of information or material on any other site, and Super Evil disclaims all liability with regard to your access to and use of such linked websites.

Should you choose to provide a link on the Site or within the Game (e.g., on the Forums or via Chat) to an external website, unless otherwise set forth in a written agreement between you and Super Evil, you acknowledge and agree to the following: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Super Evil’ and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Super Evil; (iii) when selected by a user, the link must display the external website on full-screen and not within a “frame” on the linking Site; and (iv) Super Evil reserves the right to revoke its consent to the link at any time and in its sole discretion.

IX. FEES

Some aspects of the Game may require you to pay a fee, and you agree that you will provide accurate and complete payment information to the third-party payment provider used by Super Evil. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Super Evil may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Super Evil may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Game. If there is a dispute regarding payment of fees to Super Evil, your Account may be closed without warning or notice at the sole discretion of Super Evil.

YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

X. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA) If you are a copyright owner or agent thereof and believe that content posted on the Site by a Super Evil user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to the Super Evil Copyright Agent with the following information:

A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

B. A description of the copyrighted work that you claim has been infringed;

C. The URL of the location on the Super Evil Site containing the material that you claim is infringing;

D. Your address, telephone number, and email address;

E. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

F. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Super Evil’s Copyright Agent can be reached by mail at: Super Evil Mega Corp, 400 1st Avenue, San Mateo, CA 94401, ATTN: Copyright Agent; or by email at: support@superevilmegacorp.com. Attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Please note that these notifications are legal notices, and that Super Evil may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.

XI. WARRANTY DISCLAIMER

THE PROPERTIES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUPER EVIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. SUPER EVIL DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.

XII. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SUPER EVIL FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE PROPERTIES, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT. Super Evil reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Super Evil in asserting any available defenses.

XIII. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Super Evil BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF Super Evil KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Super Evil BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Super Evil FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Super Evil shall be limited to the fullest extent permitted by applicable law.

XIV. EQUITABLE REMEDIES

You hereby acknowledge and agree that Super Evil would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Super Evil shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement and consistent with Section XV below, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

XV. NEGOTIATIONS, BINDING ARBITRATION AND GOVERNING LAW

A. Negotiations. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement (“Claim”), you and Super Evil agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section XV.F below). Super Evil will send its notice to the address it has on file to the extent that you have provided additional contact information to Super Evil (e.g. by participating in a promotion or survey, or contacting a customer services representative). Otherwise, Super Evil will send its notice to the email address associated with your Account. You will send your notice to Super Evil Mega Corp 400 1st Avenue, San Mateo, CA 94401, Attn: Legal Department. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.

B. Binding Arbitration. If the parties fail to resolve a Claim through negotiations, within such thirty (30)-day period, either you or Super Evil may elect to have the Claim (except as otherwise provided in Section XV.F) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) that are in effect at the time the arbitration is initiated and under the terms set forth in this Agreement. Both the AAA Rules and the AAA Consumer Rules can be found at the AAA website, www.adr.org. In the event of a conflict between the terms set forth in this Section XV.B and either the AAA Rules or the AAA Consumer Rules, the terms in this Section XV.B will control and prevail.

Except as otherwise set forth in Section XV.F, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Super Evil will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Super Evil may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND Super Evil ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

C. Arbitration Fees. If we are initiating arbitration for a Claim, we will pay all costs charged by the AAA Rules for initiating the arbitration. Your share of all other fees and costs of the arbitration, including your share of arbitrator compensation, will be charged pursuant to the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. Where your share of the costs is deemed to be excessive by the arbitrator, Super Evil will pay all arbitration fees and expenses.

D. Location. The arbitration will take place in your hometown area if you so notify Super Evil in your notice of arbitration or within ten (10) days following receipt of Super Evil’ arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in San Mateo, California, United States of America, and you and Super Evil agree to submit to the personal jurisdiction of that court.

E. Limitations. You and Super Evil agree that any arbitration shall be limited to the Claim between Super Evil and you individually. YOU AND Super Evil AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.

F. Exceptions to Negotiations and Arbitration. You and Super Evil agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Super Evil’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.

G. Governing Law. Except as otherwise provided in this Agreement, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the “Act”) may apply to the Game if you access the Game from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement.

H. Severability. You and Super Evil agree that if any portion this Section XV is found illegal or unenforceable (except any portion of Section XV.F), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section XV.F is found to be illegal or unenforceable then neither you nor Super Evil will elect to arbitrate any Claim falling within that portion of Section XV.F found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Los Angeles, State of California, United States of America, and you and Super Evil agree to submit to the personal jurisdiction of that court.

XVI. TERMINATION

This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and Super Evil may terminate this Agreement at any time for any reason or for no reason. Termination by Super Evil will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement at any time simply by not using the Site or the Game. If, however, you wish to terminate your Account, you must affirmatively do so by notifying Super Evil at support@superevilmegacorp.com as stated above. Upon termination of this Agreement, your right to use the Properties shall immediately cease.

XVII. MISCELLANEOUS

A. Assignment. Super Evil may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Super Evil’s prior written consent, and any unauthorized assignment by you shall be null and void.

B. Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact Super Evil for any other reason, please contact Super Evil support at support@superevilmegacorp.com, or visit the “support” tab on the Site.

C. Entire Agreement. This Agreement represents the complete agreement between you and Super Evil concerning the Site, the Game, and the subject matter of the Agreement, and supersedes any prior or contemporaneous agreements between you and Super Evil.

D. Force Majeure. Super Evil shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Super Evil, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond Super Evil’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

E. Location. The Site and the Game are operated by Super Evil in the United States. Those who choose to access the Site and/or the Game from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. The Software is subject to United States export controls.

F. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Super Evil as a result of this Agreement or your use of the Site or the Game.

G. No Waiver. Super Evil’s failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Super Evil of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

H. Notices. Except as otherwise expressly provided herein, all notices given by you or required under this Agreement shall be in writing and addressed to: Super Evil Mega Corp at 400 1st Avenue, San Mateo, CA 94401.

I. Reform and Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

J. Section Headings. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement or have any other legal effect.

K. Survival. The provisions of Sections IV, VI.A, IX, XI-XV, and XVII shall survive any termination of this Agreement.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT SELECTING THE “ACCEPT” BUTTON BELOW AND/OR YOUR USE OF ANY OF THE PROPERTIES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Privacy Policy

Privacy Policy

I. INTRODUCTION

Super Evil Mega Corp, Inc., a Delaware corporation, (“Super Evil”) is committed to respecting the privacy rights of the customers, visitors, and other users of Super Evil’s free-to-play computer game, Vainglory (the “Game”) and its related websites, including https://www.vainglorygame.com, and http://www.superevilmegacorp.com (collectively, the “Site”) and our mobile application. We created this Privacy Policy (this “Policy”) to give you, the user, confidence as you visit and use the Site or the Game, and to demonstrate our commitment to fair information practices and the protection of privacy. By visiting the Site or using the Game, you consent to our collection, use, storage, deletion and disclosure of information relating to you as set forth in this Policy. This Policy is only applicable to the Site and the Game, and not to any other third-party websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.

If you have questions or concerns regarding this Statement, you should first contact privacy@superevilmegacorp.com.

II. GENERAL INFORMATION AND CERTIFICATIONS

A. General Disclosure

For the purpose of applicable data protection legislation, the data controller of your personal data is Super Evil Megacorp Inc. of 119 S B St, Ste A, San Mateo, CA, 94001, USA. Our EU Representative can be contacted by mailing them at one of the following addresses. Please make sure to address your letters to the DPR Group and not Super Evil Megacorp.

Country Address
Austria DPR Group, City Tower, Brückenkopfgasse 1/6. Stock, Graz, 8020, Austria
Belgium DPR Group, Place de L’Université 16, Louvain-La-Neuve, Waals Brabant, 1348, Belgium
Bulgaria DPR Group, 132 Mimi Balkanska Str., Sofia, 1540, Bulgaria
Croatia DPR Group, Ground & 9th Floor, Hoto Tower, Savska cesta 32, Zagreb, 10000, Croatia
Cyprus DPR Group, Victory House, 205 Archbishop Makarios Avenue, Limassol, 3030, Cyprus
Czech Republic DPR Group, IQ Ostrava Ground floor, 28. rijna 3346/91, Ostrava-mesto, Moravska, Ostrava, Czech Republic
Denmark DPR Group, Lautruphøj 1-3, Ballerup, 2750, Denmark
Estonia DPR Group, 2nd Floor, Tornimae 5, Tallinn, 10145, Estonia
Finland DPR Group, Luna House, 5.krs, Mannerheimintie 12 B, Helsinki, 00100, Finland
France DPR Group, 72 rue de Lessard, Rouen, 76100, France
Germany DPR Group, 3rd and 4th floor, Altmarkt 10 B/D, Dresden, 01067, Germany
Greece DPR Group, 24 Lagoumitzi str, Athens, 17671, Greece
Hungary DPR Group, EMKE Building, Rákóczi Út 42, Budapest, 1072, Hungary
Ireland DPR Group, Phoenix House, Monahan Road, Cork, T12 H1XY, Republic of Ireland
Italy DPR Group, BPM 335368, Via Roma 12, 10073 , Turin, Italy
Latvia DPR Group, 4th & 5th floors, 14 Terbatas Street, Riga, LV-1011, Latvia
Lithuania DPR Group, Vilniaus g.31, Vilnius, LT- 01402, Lithuania
Luxembourg DPR Group, BPM 335368, Banzelt 4 A, 6921, Roodt-sur-Syre, Luxembourg
Malta DPR Group, Tower Business Centre, 2nd floor, Tower Street, Swatar, BKR4013, Malta
Netherlands DPR Group, Cuserstraat 93, Floor 2 and 3, Amsterdam, 1081 CN, Netherlands
Poland DPR Group, Budynek Fronton ul Kamienna 21, Krakow, 31-403, Poland
Portugal DPR Group, Torre de Monsanto, Rua Afonso Praça 30, 7th floor, Algès, Lisbon, 1495-061, Portugal
Romania DPR Group, World Trade Centre, Piata Montreal no 10, Entrance F, 1st Floor, Sector 1, Bucharest, 11469, Romania
Slovakia DPR Group, Apollo Business Centre II, Block E / 9th floor, 4D Prievozska, Bratislava, 821 09, Slovakia
Slovenia DPR Group, Trg. Republike 3, Floor 3, Ljubljana, 1000, Slovenia
Spain DPR Group, Puerta de las Naciones, Ribera del Loira 46, Madrid, 28042, Spain
Sweden DPR Group, S:t Johannesgatan 2, 4th floor, Malmo, SE – 211 46, Sweden
United Kingdom DPR Group, BPM 335368, 372 Old Street, EC1V 9AU, London, United Kingdom

 

Subject to the next paragraph, we ask that you not send us, and you do not disclose, any sensitive personal data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Site or Game or otherwise to us.

If you send or disclose any sensitive personal data to us when you submit user-generated content to the Site or Game, you consent to our processing and use of such sensitive personal data in accordance with this policy. If you do not consent to our processing and use of such sensitive personal data, you must not submit such user generated content to the Site or the Game.

B. EU-U.S. Privacy Shield

Super Evil participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Super Evil is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s https://www.privacyshield.gov/list.

Super Evil is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Super Evil complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Super Evil is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Super Evil may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the Privacy Shield Principles, Super Evil commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Super Evil at:

privacy@superevilmegacorp.com

Super Evil has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the US. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Under certain conditions, more fully described on the https://www.privacyshield.gov/welcome, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

III. INFORMATION COLLECTION AND USE PRACTICES

A. What Basic Information Does Super Evil Collect?

We typically collect personal information that you provide to us on a voluntary basis, and you may visit areas on the Site without choosing to do so. However, in order to use certain parts of the Site and/or log-on to play the Game, you will be required to create an account by providing us your email address and selecting a unique username and password (an “Account”). In the course of maintaining your Account, you might also be asked to participate in online surveys about the Game, or in other Game-related promotional contests, participation in which is entirely voluntary. You might also desire to contact our customer support team via the “Support” tab found on the Site. In participating in such promotional activities or in contacting customer support, you might be requested to provide additional information beyond your email address, including your name, full address and phone number. In operating the Site or otherwise offering the Game, we might also request other information from you, including hardware specs, software performance metrics, game experience, and other demographic information that might be associated with your personal information, such as your gender, hobbies, occupation, platform preferences, and other game ownership information.

When you download and use our Services, we automatically collect information on the type of operating system, device you use.

We send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.

Please note that in utilizing certain areas of the Site (e.g. purchasing merchandise) or the Game (e.g. purchasing in-game currency), you will be requested to provide additional information in order to complete a purchase, such as your name, full address, phone number, internet protocol address (for fraud tracking purposes) and Our shopping cart is hosted by our e-commerce solutions provider. They host our ordering system, and collect your billing information directly from you for the purpose of processing your order. This company does not use this information for any other purpose. Please see Section V below regarding how third parties working on behalf of Super Evil use your personal information.

In the event that you choose to create an Account and play the Game, we also collect certain information regarding your in-Game performance and/or interactions with other users (e.g., wins / losses, recent heroes played, average number of kills / deaths etc.). These statistics are associated with your in-Game name and are publicly accessible by members of the Super Evil community. In addition, we may share your in-Game statistics with third parties in accordance with the terms and conditions set forth in this Policy. To be clear, no personal information about you, such as your email address, IP address, or other sensitive information, will be shared as a part of this process.

B. What Additional Information Does Super Evil Collect?

(1) AUTOMATIC COLLECTION. Our servers automatically recognize visitors’ domain names and internet protocol (IP) addresses (the number assigned to computers on the Internet). In addition, your web browser or Game software may transmit to Super Evil certain geographic information or other information regarding your computer, including its capabilities, hardware specs and game data processing. No personal information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.

(2) COOKIES. The Site or Game uses Analytics and Performance Cookies. These cookies are used to collect information about traffic to the Site. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to the Site, the websites that referred them to the Site, the pages they visited on the Site, what time of day they visited the Site, whether they have visited the Site before, and other similar information. We use this information to help operate the Site more efficiently, to gather broad demographic information and to monitor the level of activity on the Site.

We use Google Analytics. Google Analytics uses its own cookies. It is only used to improve how the Site works. You can find out more information about Google Analytics cookies here:
https://developers.google.com/analytics/resources/concepts/gaConceptsCookies.

You can find out more about how Google protects your data here:
https://www.google.com/analytics/learn/privacy.html.

You can prevent the use of Google Analytics relating to your use of the Site by downloading and installing the browser plugin available via this link:
http://tools.google.com/dlpage/gaoptout?hl=en-GB.

We use the Conversion Tracking Pixel service of Facebook, Inc. This tool allows us to follow the actions of users after they are redirected to a provider’s website by clicking on a Facebook advertisement. We are thus able to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data remains anonymous. This means that we cannot see the personal data of any individual user. However, the collected data are saved and processed by Facebook. Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with Facebook’s Data Use Policy found under: https://www.facebook.com/about/privacy/.

Facebook Conversion Tracking also allows Facebook and its partners to show you advertisements on and outside of Facebook. In addition, a cookie will be saved onto your computer for these purposes.

Only users over 13 years of age may give their permission. If you are younger than this age, please consult your legal guardians.

Please click here if you would like to revoke your permission: https://www.facebook.com/ads/website_custom_audiences/.

Super Evil also works with Unity Ads and Iron Source to serve ads within the game. If you wish to limit behaviorally targeted advertising, you can do so by limiting ad tracking in your device settings. Please note that opt-outs are specific to each browser and device and it may take a little bit of time before your opt-out will take effect.

Ad networks can use cookies, web beacons, and other tracking technologies to collect or receive data about you and might claim controller rights over your personal data. For more information about their privacy practices and opt-out possibilities, please review their privacy policy:
Unity Ads – https://unity3d.com/legal/privacy-policy

Iron Source – https://developers.ironsrc.com/ironsource-mobile/air/ironsource-mobile-privacy-policy

C. Why do we need your personal data?

We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to the Site or Game. If you created a profile, you will have been asked to check a tick box indicating your agreement to provide this data in order to play the Game. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your personal data in line with this policy, please do not use the Site or Game.

D. What Does Super Evil Do With Collected Information?

(1) PERSONAL INFORMATION. We will not share your personal information with any third parties without your consent, except as necessary to provide you with the services offered by us, to comply with the law or as otherwise described in this Policy. We may use your personal information to verify your identity or to check your qualifications, to inform you of any changes to the Site or Game, or to send you additional information about Super Evil. We may also use your information to contact you should we believe that you are in violation of the Terms of Use Agreement (“Terms of Use”). If you do not want us to share your personal information with these companies, you may contact us at: privacy@superevilmegacorp.com.

(2) COMPELLED DISCLOSURES OF PERSONAL INFORMATION. In certain situations, Super Evil may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) comply with requirements of the law or comply with legal process served on Super Evil (b) protect and defend the rights or property of Super Evil or the users of the Site or Game, or (c) act under unusual, extraordinary or emergency circumstances to protect the safety of the public or users of the Site or Game.

(3) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through the Site or otherwise collected in connection with the Game. If Super Evil or substantially all of its assets are acquired, customer information and personal information will be one of the assets transferred to the acquirer. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Site.

(4) ACCESS TO INFORMATION. At any time you may request access to the information that we have from you, or request that we remove all information about you from our database by contacting us in accordance with Section VII.A below.

(5) Your data, including personal data that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using the Site or Game, you agree to this transfer, storing or processing. As noted in Section II of this Privacy Policy we are a participant in the EU-U.S. Privacy Shield and we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy.

(6) We will only retain your personal data until you request to close your account unless a longer retention period is required or permitted by law (for example, for regulatory purposes).

(7) We do not use your personal data for the purposes of automated decision-making. However, we may do so in order to fulfil obligations imposed by law, in which case we will inform you of any such processing and provide you with an opportunity to object.

E. Notice Concerning Children

PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 16 years of age. The Site and the Game are not intended for children under the age of 16. We understand and are committed to respecting the sensitive nature of children’s privacy online, and as such do not knowingly collect any personal information from any user under age 16. If we learn or have reason to suspect that a Site or Game user is under age 16, we will promptly delete any personal information in that user’s Account.

IV. SECURITY

The Site and the Game have security measures in place to help protect against the loss, misuse, and alteration of the information that we obtain from you. We store your personal information on our servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to protect the security of such information. In addition, we restrict access to personal information to Super Evil employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site and the Game. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us through the use of the Game or the Site and we make no assurances about our ability to prevent any such loss or misuse to you or to any third party. You acknowledge and agree that you provide such information and engage in such transmissions at your own risk.

When you enter information, we encrypt the transmission of that information using secure socket layer technology (SSL). If you have any questions about the security of your personal information, you can contact us at privacy@superevilmegacorp.com.

V. WEBSITE AREAS BEYOND OUR CONTROL

A. Third Party Websites

The Site contains links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

B. Opt-Out Preferences

Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of some of the Site or Game may be ineffective upon opt-out.

Access. You may access the data we hold about you at any time by contacting us directly.

Amend. You can also contact us to update or correct any inaccuracies in your personal data.

Move. Your data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.

Erase and forget. In certain situations, for example when the data we hold about you is no longer relevant or is incorrect, you can request that we erase your data.

You may contact us at privacy@superevilmegacorp.com or 400 1st Ave, San Mateo, CA, 94401, USA anytime for any other questions you may have about your personal data and our use of such personal data.

VI. SERVICE PROVIDERS

We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf, such as to fulfill product orders, collect billing information and process payments. While providing services for us, these companies may access your personal information.

To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures. Some of the pages within the Site utilize masking techniques to serve content to you from our partners while preserving the look and feel of our Site. Please be aware that you are providing your personal information to these third parties, and are doing so pursuant to the third party’s privacy policy.

VII. CONTACT INFORMATION AND POLICY UPDATES

A. Contacting Us

If you have any questions about this Policy, our practices regarding your personal information related to the Site or Game, or if you would like to have us remove your information from our database and deactivate your Account, please feel contact us at privacy@superevilmegacorp.com. Upon request Super Evil will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. If your personally identifiable information changes, or if you no longer desire our service, you may correct, update or amend it by emailing our Customer Support at privacy@superevilmegacorp.com, or by contacting us by postal mail at the contact information listed below. We will respond to your request to access within 30 days of receipt of the request. Please note that the deletion of your data will lead to the termination of your Account and applicable services.

B. Updates and Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

BY USING THE SITE AND/OR THE GAME, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE OR THE GAME.

C. Additional Policies

There are additional Super Evil legal policies that govern your use of the Site and the Game. Please take time to review and familiarize yourself with the Terms of Use.

Effective Date: June 19, 2019

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