The Law Report, ABC radio, Australia. And Evony


ABC Radio in Australia is the equivalent of the BBC Radio 4 in the uk. They have a programme called the Law Report, presented by Damien Carrick, which looks at the important legal issues of the day. They have just broadcast a programme about the Evony LLC Vs Bruce Everiss case which concerns articles written on this blog.

You can read a transcript of the programme or listen to it online here.


  1. Commendations to Damian Carrick of ABC Radio, Australia for producing such an informative and interesting programme with the speakers concerned.

    From reading the Evony’s Terms of Service (ToS) all parties may find it useful to examine the way Evony approaches legal issues.

    Evony’s ToS

    Please note that the ToS section “19 Dispute Resolution and Governing Law” has been copied at 14:10 GMT, 10 November 2009 (After the ABC Radio programme and article) and is copied below.

    Please note that Evony’s “Legal Department” is run by “” and is located in New South Wales, Australia.

    Please note that the sub point “5 Location” states the location of any arbitration or court hearing.

    19. Dispute Resolution and Governing Law.

    1. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and REGAN MERCANTILE US, LLC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. REGAN MERCANTILE US, LLC will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to REGAN MERCANTILE US, LLC, ATTN: Legal Department.

    2. Binding Arbitration. If you and REGAN MERCANTILE US, LLC are unable to resolve a Dispute through informal negotiations, either you or REGAN MERCANTILE US, LLC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, REGAN MERCANTILE US, LLC will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and REGAN MERCANTILE US, LLC may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

    3. Restrictions. You and REGAN MERCANTILE US, LLC agree that any arbitration shall be limited to the Dispute between REGAN MERCANTILE US, LLC and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    4. Exceptions to Informal Negotiations and Arbitration. You and REGAN MERCANTILE US, LLC agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or REGAN MERCANTILE US, LLC’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

    5. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of New York, State of New York, United States of America. Any Dispute 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 by a court of competent jurisdiction within the County of New York, State of New York, United States of America, and you and REGAN MERCANTILE US, LLC agree to submit to the personal jurisdiction of that court.

    6. Governing Law. Except as expressly provided otherwise, 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 Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Game and/or the Service as supplied by REGAN MERCANTILE US, LLC to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.

    7. Severability. You and REGAN MERCANTILE US, LLC agree that if any portion Section 19 is found illegal or unenforceable (except any portion of 19(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 19(d) is found to be illegal or unenforceable then neither you nor REGAN MERCANTILE US, LLC will elect to arbitrate any Dispute falling within that portion of Section 19(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of New York, State of New York, United States of America, and you and REGAN MERCANTILE US, LLC agree to submit to the personal jurisdiction of that court.

    Hopefully this may offer an understanding as to how this alleged US LLC conducts its business and legal affairs.


  2. can they actually enforce section 3, (no class actions) in the USA? is that even legal?

  3. Here is another element of the Evony ToS, this time from section 21.

    21. Refund Policy
Orders are processed and dispensed instantly and automatically when payment is submitted. Users agree that once payment is successfully submitted, no refund will be granted and user will receive the purchased digital item.

    Ripoff Evony: (5 posts)

    Ripoff Regan Mercantile (Financial arm of Evony) (3 posts)

    Ripoff Civony (0 posts)

    Ripoff UMGE (0 posts)

    Of course all Civony and Evony users with a legitimate complaint are free to add to these posts. As Evony LLC alleges to be based within the US, Ripoff Report is an appropriate forum in which to make the public more aware of suspicious companies.


  4. Bruce –

    Good to see the case is garnering good publicity for you and Marque.



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