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The following Square Enix Terms of Service (“Terms of Service”) explain the conditions that apply when you use our various games, software, products, services, websites, accounts, applications, online stores, features, content, and activities (the “Services,” and each a “Service”). These Terms of Service govern your use of any Service that posts or links to these Terms of Service or is owned, controlled, or published by or for: Square Enix, Inc.; Square Enix LLC; Square Enix Limited; or their subsidiaries (“Square Enix,” or “we,” “our,” or “us”). In addition to these Terms of Service, separate guidelines, rules, or terms of service or sale (“Additional Terms”) may apply to your use of a particular Service. Where applicable, these Additional Terms will be made available to you before you start using any Service for which they are relevant. To the extent there is a conflict between these Terms of Service and any Additional Terms, the Additional Terms will control unless expressly stated otherwise. Certain Services we offer are not governed by these Terms of Service, but rather by separate terms of service and other policies that shall be notified to you when you access or use such Services. In the absence of any notification that such alternative terms apply, these Terms of Service shall govern.
Before using the Services, you must read and accept these Terms of Service and any Additional Terms, and you acknowledge that you have read and understand the Square Enix Privacy Notice. If you do not agree to these Terms of Service or any Additional Terms, please uninstall and discontinue use of the Services.
MANY TYPES OF DISPUTES THAT MAY ARISE IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES MAY BE SUBJECT TO MANDATORY ARBITRATION. PLEASE READ THE ARBITRATION PROVISIONS IN SECTION 14 OF THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
1. Region
These Terms of Service are a contract between you and the Square Enix affiliate for your geographical region identified below (“Region”):
For the “American Region,” Square Enix means Square Enix, Inc., 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, United States. You are in the American Region if you are in: North America; South America; Central America; American Samoa; Guam; the United States Minor Outlying Islands; or the Caribbean.
For the “EMEA-Asia Region,” Square Enix means Square Enix Limited (Co. No. 01804186), 240 Blackfriars Road, London, SE1 8NW United Kingdom. You are in the EMEA-Asia Region if you are in Europe, the Middle East, Africa, Asia, or any other territory not identified in this Section 1.
Notwithstanding the foregoing, you may not use the Services if you are located in a territory in which use of the Services is prohibited by applicable law or these Terms of Service.
2. Limited License
Square Enix and its licensors own and reserve all rights, title, and interest in the Services and the associated intellectual property in the Services, including audio-visual elements and other copyrightable materials (such as the “look and feel” of the Services); trademarks, logos, trade names, service marks, and trade identities of Square Enix and our licensors; patentable subject matter; and any other forms of intellectual property. Subject to your continuing compliance with these Terms of Service, Square Enix grants you a limited, non-exclusive, cancellable, non-assignable, non-sublicensable, and non-transferable license to use the Services for your personal, non-commercial use. Square Enix may immediately suspend or terminate the availability of some or all of the Services for any reason, in Square Enix’s sole discretion, without advance notice or liability.
3. Use Restrictions
In order to use the Services, you must not do any of the following: (i) violate any applicable law or regulation; (ii) use the Services for commercial or political purposes; (iii) copy, scrape, reproduce, redisplay, reverse engineer, decompile, hack, or modify the Services, including any server or network used to provide the Services (except to the extent enforcement of the foregoing is prohibited by applicable law); (iv) access or attempt to access an Account (defined below) that does not belong to you; (v) interfere with another user’s use of the Services; (vi) cheat or create an unfair advantage in the Services or any other Square Enix games or services; (vii) create, develop, modify, distribute, use, promote, advertise, sell, commercialize, or otherwise exploit any unauthorized software, service, tool, or scheme to cheat or create an advantage in any offline, online, or multiplayer modes of the Services or any Square Enix games or services; (viii) interfere with any security feature of the Services; (ix) use an unauthorized server to emulate or access the Services; (x) intercept, mine, or collect information from the Services or its users without authorization; (xi) violate the intellectual property rights or other rights of Square Enix or others; or (xii) remove any trademark, copyright, or other intellectual property notice. We may immediately suspend or terminate your access to the Services if you violate any of these restrictions, or if you otherwise violate these Terms of Service.
4. Use of the Services by Children
The Services are not directed to children under the age of thirteen (13), and Square Enix will not knowingly collect personal information from anyone under the age of thirteen (13) (or other applicable minimum age in your place of residence) without obtaining verifiable explicit parental consent as may be required by law. Children over the age of thirteen (13) (or other applicable minimum age in your place of residence) but under the age of eighteen (or other applicable age of majority in your place of residence) must obtain consent from their parent or guardian before using the Services. Where applicable, interactive video games (“Games,” and each a “Game”) offered through the Services carry a voluntary or mandatory age rating identified on the packaging and in online information. You agree not to play, or to allow others to play, a particular Game if doing so would violate the applicable minimum age rating in your jurisdiction. Parents and guardians of children under the age of eighteen (or the applicable age of majority in your place of residence) should read these Terms of Service carefully before allowing children to use the Services.
5. Account Registration
Some features of the Services may require you to register an account with Square Enix (“Account”). You are responsible for maintaining the security of your Account and for all activity that occurs on your Account. When registering an Account, you agree to the following: (i) you will not use a username or email address that impersonates or personally identifies another person or entity; (ii) you will provide and maintain accurate information; and (iii) you will not sell your Account to a third party or let any other person use your Account. Square Enix may suspend or terminate your Account at any time and for any reason, including if Square Enix believes you have violated these Terms of Service. Notwithstanding the foregoing, if you live in France then Square Enix will provide you at least thirty (30) days’ notice before terminating your Account.
If you have registered an Account and wish to terminate it, please contact the applicable customer support center for your Region as provided below in Section 11. Upon termination of your Account for any reason, Square Enix reserves the right to delete the Account permanently.
6. Virtual Credits
Square Enix may allow you to use “Virtual Credits” to redeem certain digital items and online services. Virtual Credits may have different names, such as, “Crysta®,” “coins,” “points,” or “gold.” Virtual Credits are not currency or property and have no monetary value. Square Enix retains all ownership of Virtual Credits and has the absolute right to manage and change Virtual Credits and all licenses for digital items and services redeemed using Virtual Credits. Your use of Virtual Credits is subject to a personal, non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable, cancelable license. Except where explicitly authorized by Square Enix, exchanging, seeking to exchange, or facilitating the exchanging of Virtual Credits or other virtual items for money or any other form of property is strictly forbidden and considered a breach of these Terms of Service.
Where permitted by Square Enix, you may add Virtual Credits to an Account by using the applicable payment methods for the platform you are using to access the Services. Square Enix reserves the right to adjust the price for Virtual Credits at any time, in its sole discretion, without notice or reimbursement. You are responsible for the payment of any taxes or other charges relating to the purchase or redemption of Virtual Credits. Except as where may be required by law, you have no right to receive a refund for unused Virtual Credits.
Unless you live in the European Union, or have acquired or use the Services in a country located in the European Union, you agree not to bring a lawsuit against Square Enix or our affiliates, service providers, or licensors arising out of or related to your use of Virtual Credits, including any claim based on a theory that you own Virtual Credits or any related digital items or service; any modifications in the amount of Virtual Credits necessary to obtain a virtual item or service; or the removal of access to any virtual item or service, including as a result of Account termination.
7. Purchases from Square Enix
Purchases made through the Square Enix Online Store are not governed by these Terms of Service, but rather by the Terms and Conditions of Sale and other policies posted on the website applicable to your Region (currently http://support.na.square-enix.com.
For the EMEA-Asia Region (other than China; Japan; Mongolia; Republic of Korea; Taiwan; Laos; Thailand; Hong Kong; Vietnam; the Philippines; Brunei; Malaysia; Singapore; Indonesia; Cambodia; or Macao) and for English language questions and customer service requests from outside the American Region: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
In the event of a Dispute, the aggrieved party shall send the other party a written notice that includes the name, address, and contact information of the party giving notice, as well as a description of the Dispute and a proposed resolution. To notify Square Enix of a Dispute, please send a notice to the physical mailing address for your Region as set forth above in Section 1, with attention to the “Legal Department.” For a period of sixty (60) days following a party’s receipt of notice of a Dispute, Square Enix and you shall attempt to resolve the Dispute informally. If you and Square Enix cannot resolve the Dispute within sixty (60) days, then the aggrieved party may initiate binding arbitration as the sole means to resolve the Dispute. WITH ARBITRATION THERE IS NO JUDGE OR JURY, THE ARBITRATION IS SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any arbitration proceeding shall be conducted by JAMS before one neutral arbitrator pursuant to JAMS’ Streamlined Arbitration Rules and Procedures and subject to the applicable law and venue for your region as set forth in Section 18(B) of these Terms of Service. The JAMS consumer arbitration minimum standards will apply if you are a “consumer” as defined by JAMS, which includes the right to an in-person hearing in your hometown area. Where permitted by the arbitrator, Square Enix agrees that you may appear at an arbitration proceeding by telephone. Discovery will be permitted pursuant to the applicable arbitration rules. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and Square Enix will pay the arbitration fees and other costs in accordance with the applicable arbitration rules. If applicable arbitration rules or laws require Square Enix to pay a greater portion of such fees and costs in order for this Section 14 to be enforceable, then Square Enix may pay such fees and costs and proceed to arbitration.
The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute and must provide a statement of the essential findings and conclusions on which the award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties. This Section 14 does not preclude either party from seeking remedies in small claims court for Disputes within the scope of such court’s jurisdiction.
This Section 14 does not apply to any legal action taken by Square Enix to seek an injunction or other equitable relief in connection with any actual or potential loss, cost, or damage relating to the Services. Nor does this Section 14 apply to any controversy, allegation, or claim regarding the processing of personal information transmitted to Square Enix in the United States from the European Union, European Economic Area, or Switzerland (for any inquiry or complaint concerning any such transfer of personal information, please follow the procedures provided in the Square Enix Privacy Notice).
DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION OR OTHER PROCEEDING THAT INVOLVES ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. In the event this class action waiver is held to be illegal or unenforceable then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court on an individual basis.
If the arbitration provisions of this Section 14 are found to be unenforceable for any reason, you agree that the venue for any Dispute between you and us shall be the applicable court in Section 18(B) (based on your Region).
15. Disclaimer of Representations and Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SQUARE ENIX DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES, INCLUDING WHETHER THE SERVICES: ARE FREE FROM VIRUSES OR OTHER MALICIOUS CONTENT; WILL INTEROPERATE OR BE COMPATIBLE WITH ANY THIRD-PARTY HARDWARE OR SOFTWARE; WILL BE ERROR FREE, UNINTERRUPTED OR AVAILABLE AT ALL TIMES; WILL MEET YOUR REQUIREMENTS; OR ARE LAWFUL IN ANY PARTICULAR JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. IF YOU LIVE IN, HAVE BOUGHT, OR USE THE SERVICES IN A JURISDICTION THAT PROVIDES STATUTORY OR OTHER GUARANTEES UNDER APPLICABLE LAW, NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT THOSE RIGHTS.
16. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SQUARE ENIX AND ITS EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE “SQUARE ENIX PARTIES”) ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE THE RESULT OF OR RELATED TO: (I) YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE PERFORMANCE OF THE SERVICES; (II) GAMES, PRODUCTS, CONTENT, USER-GENERATED CONTENT, OR ANY OTHER FUNCTIONS, FEATURES, ELEMENTS, OR INFORMATION ON, REFERENCED AT, OR LINKED OR MADE ACCESSIBLE THROUGH THE SERVICES; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SQUARE ENIX PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE SERVICES; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; (V) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION; (VI) ANY DAMAGE TO YOUR OR ANOTHER PERSON’S DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, NETWORK FAILURE, OR ANY TECHNICAL OR OTHER MALFUNCTION; OR (VII) YOUR INABILITY OR FAILURE TO COMPLY WITH THESE TERMS OF SERVICE FOR ANY REASON. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SQUARE ENIX PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SQUARE ENIX OVER THE PRECEDING TWELVE (12) MONTHS. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS IN YOUR PLACE OF RESIDENCE. IN THE EVENT OF A CONFLICT BETWEEN YOUR RIGHTS UNDER APPLICABLE LOCAL LAW AND THESE TERMS OF SERVICE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
If you are located in the European Union, or in another jurisdiction that does not allow the exclusion or limitation of incidental or consequential damages of the sort that are described in this Section 16, then such exclusions and limitations may not apply to you. Nothing in these Terms of Service in any way limits our liability to you for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of any term implied by applicable law (including the Consumer Rights Act 2015 in the United Kingdom) that may not be limited or excluded; or (iv) any other liability that, by law, may not be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any contract shall not, in respect of any twelve-month period as calculated from the date of that contract, exceed the charges payable by you for the relevant Service in that twelve-month period or include any losses that were reasonably foreseeable. Losses are considered foreseeable where they could have been contemplated by you and us at the time we accepted your order.
17. Waiver of Injunctive and Other Equitable Relief
IF YOU CLAIM TO HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES, THEY WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY PRODUCT, GAME, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY SQUARE ENIX.
18. Additional Provisions
A. Updates to Terms of Service. Square Enix reserves the right to modify these Terms of Service at any time, including by posting updated terms on the Services (subject to applicable law). By continuing to use the Services after any such update you consent to the changes to the Terms of Service. You may also be asked to affirmatively consent to updates to these Terms of Service, and may be prevented from continuing to use the Services if you decline to accept such an update.
B. Applicable Law and Venue. Except as stated otherwise, these Terms of Service will be governed by and resolved in accordance with the following:
If you are in the American Region, these Terms of Service will be governed by the laws of the State of California, United States, subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, United States.
If you are in the EMEA-Asia Region, these Terms of Service will be governed by English law, except that if you live in a country of the European Union other than England (which, for the purpose of this paragraph, includes Scotland and Northern Ireland) there may be certain mandatory applicable laws of your country that apply for your benefit and protection in addition to or instead of certain provisions of English law. You agree that any dispute between you and us regarding these terms or any contract will only be dealt with by the English courts, except that if you live in a country of the European Union you can choose to bring legal proceedings either in your country or in England. If you live in the European Union and we bring legal proceedings against you, we must do so in your country. The European Online Dispute Resolution platform, currently available at https://square-enix-games.com/en_US/documents/plugin-licenses-content-protection
Before using the Services, you must read and accept these Terms of Service and any Additional Terms, and you acknowledge that you have read and understand the Square Enix Privacy Notice. If you do not agree to these Terms of Service or any Additional Terms, please uninstall and discontinue use of the Services.
MANY TYPES OF DISPUTES THAT MAY ARISE IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES MAY BE SUBJECT TO MANDATORY ARBITRATION. PLEASE READ THE ARBITRATION PROVISIONS IN SECTION 14 OF THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.
1. Region
These Terms of Service are a contract between you and the Square Enix affiliate for your geographical region identified below (“Region”):
For the “American Region,” Square Enix means Square Enix, Inc., 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245, United States. You are in the American Region if you are in: North America; South America; Central America; American Samoa; Guam; the United States Minor Outlying Islands; or the Caribbean.
For the “EMEA-Asia Region,” Square Enix means Square Enix Limited (Co. No. 01804186), 240 Blackfriars Road, London, SE1 8NW United Kingdom. You are in the EMEA-Asia Region if you are in Europe, the Middle East, Africa, Asia, or any other territory not identified in this Section 1.
Notwithstanding the foregoing, you may not use the Services if you are located in a territory in which use of the Services is prohibited by applicable law or these Terms of Service.
2. Limited License
Square Enix and its licensors own and reserve all rights, title, and interest in the Services and the associated intellectual property in the Services, including audio-visual elements and other copyrightable materials (such as the “look and feel” of the Services); trademarks, logos, trade names, service marks, and trade identities of Square Enix and our licensors; patentable subject matter; and any other forms of intellectual property. Subject to your continuing compliance with these Terms of Service, Square Enix grants you a limited, non-exclusive, cancellable, non-assignable, non-sublicensable, and non-transferable license to use the Services for your personal, non-commercial use. Square Enix may immediately suspend or terminate the availability of some or all of the Services for any reason, in Square Enix’s sole discretion, without advance notice or liability.
3. Use Restrictions
In order to use the Services, you must not do any of the following: (i) violate any applicable law or regulation; (ii) use the Services for commercial or political purposes; (iii) copy, scrape, reproduce, redisplay, reverse engineer, decompile, hack, or modify the Services, including any server or network used to provide the Services (except to the extent enforcement of the foregoing is prohibited by applicable law); (iv) access or attempt to access an Account (defined below) that does not belong to you; (v) interfere with another user’s use of the Services; (vi) cheat or create an unfair advantage in the Services or any other Square Enix games or services; (vii) create, develop, modify, distribute, use, promote, advertise, sell, commercialize, or otherwise exploit any unauthorized software, service, tool, or scheme to cheat or create an advantage in any offline, online, or multiplayer modes of the Services or any Square Enix games or services; (viii) interfere with any security feature of the Services; (ix) use an unauthorized server to emulate or access the Services; (x) intercept, mine, or collect information from the Services or its users without authorization; (xi) violate the intellectual property rights or other rights of Square Enix or others; or (xii) remove any trademark, copyright, or other intellectual property notice. We may immediately suspend or terminate your access to the Services if you violate any of these restrictions, or if you otherwise violate these Terms of Service.
4. Use of the Services by Children
The Services are not directed to children under the age of thirteen (13), and Square Enix will not knowingly collect personal information from anyone under the age of thirteen (13) (or other applicable minimum age in your place of residence) without obtaining verifiable explicit parental consent as may be required by law. Children over the age of thirteen (13) (or other applicable minimum age in your place of residence) but under the age of eighteen (or other applicable age of majority in your place of residence) must obtain consent from their parent or guardian before using the Services. Where applicable, interactive video games (“Games,” and each a “Game”) offered through the Services carry a voluntary or mandatory age rating identified on the packaging and in online information. You agree not to play, or to allow others to play, a particular Game if doing so would violate the applicable minimum age rating in your jurisdiction. Parents and guardians of children under the age of eighteen (or the applicable age of majority in your place of residence) should read these Terms of Service carefully before allowing children to use the Services.
5. Account Registration
Some features of the Services may require you to register an account with Square Enix (“Account”). You are responsible for maintaining the security of your Account and for all activity that occurs on your Account. When registering an Account, you agree to the following: (i) you will not use a username or email address that impersonates or personally identifies another person or entity; (ii) you will provide and maintain accurate information; and (iii) you will not sell your Account to a third party or let any other person use your Account. Square Enix may suspend or terminate your Account at any time and for any reason, including if Square Enix believes you have violated these Terms of Service. Notwithstanding the foregoing, if you live in France then Square Enix will provide you at least thirty (30) days’ notice before terminating your Account.
If you have registered an Account and wish to terminate it, please contact the applicable customer support center for your Region as provided below in Section 11. Upon termination of your Account for any reason, Square Enix reserves the right to delete the Account permanently.
6. Virtual Credits
Square Enix may allow you to use “Virtual Credits” to redeem certain digital items and online services. Virtual Credits may have different names, such as, “Crysta®,” “coins,” “points,” or “gold.” Virtual Credits are not currency or property and have no monetary value. Square Enix retains all ownership of Virtual Credits and has the absolute right to manage and change Virtual Credits and all licenses for digital items and services redeemed using Virtual Credits. Your use of Virtual Credits is subject to a personal, non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable, cancelable license. Except where explicitly authorized by Square Enix, exchanging, seeking to exchange, or facilitating the exchanging of Virtual Credits or other virtual items for money or any other form of property is strictly forbidden and considered a breach of these Terms of Service.
Where permitted by Square Enix, you may add Virtual Credits to an Account by using the applicable payment methods for the platform you are using to access the Services. Square Enix reserves the right to adjust the price for Virtual Credits at any time, in its sole discretion, without notice or reimbursement. You are responsible for the payment of any taxes or other charges relating to the purchase or redemption of Virtual Credits. Except as where may be required by law, you have no right to receive a refund for unused Virtual Credits.
Unless you live in the European Union, or have acquired or use the Services in a country located in the European Union, you agree not to bring a lawsuit against Square Enix or our affiliates, service providers, or licensors arising out of or related to your use of Virtual Credits, including any claim based on a theory that you own Virtual Credits or any related digital items or service; any modifications in the amount of Virtual Credits necessary to obtain a virtual item or service; or the removal of access to any virtual item or service, including as a result of Account termination.
7. Purchases from Square Enix
Purchases made through the Square Enix Online Store are not governed by these Terms of Service, but rather by the Terms and Conditions of Sale and other policies posted on the website applicable to your Region (currently http://support.na.square-enix.com.
For the EMEA-Asia Region (other than China; Japan; Mongolia; Republic of Korea; Taiwan; Laos; Thailand; Hong Kong; Vietnam; the Philippines; Brunei; Malaysia; Singapore; Indonesia; Cambodia; or Macao) and for English language questions and customer service requests from outside the American Region: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
In the event of a Dispute, the aggrieved party shall send the other party a written notice that includes the name, address, and contact information of the party giving notice, as well as a description of the Dispute and a proposed resolution. To notify Square Enix of a Dispute, please send a notice to the physical mailing address for your Region as set forth above in Section 1, with attention to the “Legal Department.” For a period of sixty (60) days following a party’s receipt of notice of a Dispute, Square Enix and you shall attempt to resolve the Dispute informally. If you and Square Enix cannot resolve the Dispute within sixty (60) days, then the aggrieved party may initiate binding arbitration as the sole means to resolve the Dispute. WITH ARBITRATION THERE IS NO JUDGE OR JURY, THE ARBITRATION IS SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any arbitration proceeding shall be conducted by JAMS before one neutral arbitrator pursuant to JAMS’ Streamlined Arbitration Rules and Procedures and subject to the applicable law and venue for your region as set forth in Section 18(B) of these Terms of Service. The JAMS consumer arbitration minimum standards will apply if you are a “consumer” as defined by JAMS, which includes the right to an in-person hearing in your hometown area. Where permitted by the arbitrator, Square Enix agrees that you may appear at an arbitration proceeding by telephone. Discovery will be permitted pursuant to the applicable arbitration rules. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and Square Enix will pay the arbitration fees and other costs in accordance with the applicable arbitration rules. If applicable arbitration rules or laws require Square Enix to pay a greater portion of such fees and costs in order for this Section 14 to be enforceable, then Square Enix may pay such fees and costs and proceed to arbitration.
The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute and must provide a statement of the essential findings and conclusions on which the award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties. This Section 14 does not preclude either party from seeking remedies in small claims court for Disputes within the scope of such court’s jurisdiction.
This Section 14 does not apply to any legal action taken by Square Enix to seek an injunction or other equitable relief in connection with any actual or potential loss, cost, or damage relating to the Services. Nor does this Section 14 apply to any controversy, allegation, or claim regarding the processing of personal information transmitted to Square Enix in the United States from the European Union, European Economic Area, or Switzerland (for any inquiry or complaint concerning any such transfer of personal information, please follow the procedures provided in the Square Enix Privacy Notice).
DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION OR OTHER PROCEEDING THAT INVOLVES ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. In the event this class action waiver is held to be illegal or unenforceable then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court on an individual basis.
If the arbitration provisions of this Section 14 are found to be unenforceable for any reason, you agree that the venue for any Dispute between you and us shall be the applicable court in Section 18(B) (based on your Region).
15. Disclaimer of Representations and Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SQUARE ENIX DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES, INCLUDING WHETHER THE SERVICES: ARE FREE FROM VIRUSES OR OTHER MALICIOUS CONTENT; WILL INTEROPERATE OR BE COMPATIBLE WITH ANY THIRD-PARTY HARDWARE OR SOFTWARE; WILL BE ERROR FREE, UNINTERRUPTED OR AVAILABLE AT ALL TIMES; WILL MEET YOUR REQUIREMENTS; OR ARE LAWFUL IN ANY PARTICULAR JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. IF YOU LIVE IN, HAVE BOUGHT, OR USE THE SERVICES IN A JURISDICTION THAT PROVIDES STATUTORY OR OTHER GUARANTEES UNDER APPLICABLE LAW, NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT THOSE RIGHTS.
16. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SQUARE ENIX AND ITS EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE “SQUARE ENIX PARTIES”) ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE THE RESULT OF OR RELATED TO: (I) YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE PERFORMANCE OF THE SERVICES; (II) GAMES, PRODUCTS, CONTENT, USER-GENERATED CONTENT, OR ANY OTHER FUNCTIONS, FEATURES, ELEMENTS, OR INFORMATION ON, REFERENCED AT, OR LINKED OR MADE ACCESSIBLE THROUGH THE SERVICES; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SQUARE ENIX PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE SERVICES; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; (V) ANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION; (VI) ANY DAMAGE TO YOUR OR ANOTHER PERSON’S DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, NETWORK FAILURE, OR ANY TECHNICAL OR OTHER MALFUNCTION; OR (VII) YOUR INABILITY OR FAILURE TO COMPLY WITH THESE TERMS OF SERVICE FOR ANY REASON. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SQUARE ENIX PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SQUARE ENIX OVER THE PRECEDING TWELVE (12) MONTHS. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS IN YOUR PLACE OF RESIDENCE. IN THE EVENT OF A CONFLICT BETWEEN YOUR RIGHTS UNDER APPLICABLE LOCAL LAW AND THESE TERMS OF SERVICE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
If you are located in the European Union, or in another jurisdiction that does not allow the exclusion or limitation of incidental or consequential damages of the sort that are described in this Section 16, then such exclusions and limitations may not apply to you. Nothing in these Terms of Service in any way limits our liability to you for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of any term implied by applicable law (including the Consumer Rights Act 2015 in the United Kingdom) that may not be limited or excluded; or (iv) any other liability that, by law, may not be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any contract shall not, in respect of any twelve-month period as calculated from the date of that contract, exceed the charges payable by you for the relevant Service in that twelve-month period or include any losses that were reasonably foreseeable. Losses are considered foreseeable where they could have been contemplated by you and us at the time we accepted your order.
17. Waiver of Injunctive and Other Equitable Relief
IF YOU CLAIM TO HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES, THEY WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY PRODUCT, GAME, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY SQUARE ENIX.
18. Additional Provisions
A. Updates to Terms of Service. Square Enix reserves the right to modify these Terms of Service at any time, including by posting updated terms on the Services (subject to applicable law). By continuing to use the Services after any such update you consent to the changes to the Terms of Service. You may also be asked to affirmatively consent to updates to these Terms of Service, and may be prevented from continuing to use the Services if you decline to accept such an update.
B. Applicable Law and Venue. Except as stated otherwise, these Terms of Service will be governed by and resolved in accordance with the following:
If you are in the American Region, these Terms of Service will be governed by the laws of the State of California, United States, subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, United States.
If you are in the EMEA-Asia Region, these Terms of Service will be governed by English law, except that if you live in a country of the European Union other than England (which, for the purpose of this paragraph, includes Scotland and Northern Ireland) there may be certain mandatory applicable laws of your country that apply for your benefit and protection in addition to or instead of certain provisions of English law. You agree that any dispute between you and us regarding these terms or any contract will only be dealt with by the English courts, except that if you live in a country of the European Union you can choose to bring legal proceedings either in your country or in England. If you live in the European Union and we bring legal proceedings against you, we must do so in your country. The European Online Dispute Resolution platform, currently available at https://square-enix-games.com/en_US/documents/plugin-licenses-content-protection