PRIVACY NOTICE
Square Enix Limited collects personal information when you use any of our websites. In particular, we may use your information to administer your account, to provide the services requested, to monitor your usage of our services, to maintain records and, if you agree, to send you marketing information. We will not share your information for marketing purposes with third parties without your permission. For further details on how we use your information and how to contact us about such use, please see our Privacy Policy.

Please tick the check box below to indicate your consent that we may process your information in accordance with our Privacy Policy.


PLEASE READ THIS AGREEMENT CAREFULLY INCLUDING THE PRIVACY POLICY REFERRED TO IN CLAUSE 1 BELOW

YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN CLAUSE 3 (l) AND CLAUSE 9 BELOW

This is an agreement (“Agreement”) with respect to your use of this website https://secure.square-enix.com/account ("Website") and its online services (including without limitation online and multiplayer functionality within any game published by a member of the SQUARE ENIX GROUP). This Website is provided and operated by Square Enix Limited a company registered in England and Wales with company number 01804186, VAT registration number GB 521500600 and registered office address 240 Blackfriars Road, London SE1 8NW, England. ("SQUARE ENIX" or "we" or "us"). Certain areas of this Website are provided and operated by affiliates of Square Enix, including but not limited to Square Enix Co. Ltd., and Square Enix, Inc (collectively "SQUARE ENIX GROUP"). By using the online services provided by SQUARE ENIX on the Website including without limitation the Crysta system ("Services"), you agree to be bound by this Agreement, whether or not you register as a user ("Registered User"). As used in this Agreement, "you" and "your" refer to you and “Registered User” refers to you if you have satisfied all requirements to become a Registered User. In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services (collectively, the "Guidelines"). All such guidelines or rules are hereby incorporated by reference into the Agreement. By continuing to access or use this Website, or any Service on this Website, you signify YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. Your authorisation to access the Website and the Services is conditional on your continued compliance with this Agreement and any access in violation of this Agreement is unauthorised.

Terms & Conditions

1. Registered Users
Use of the Website or Services is limited to those satisfying the following conditions:

(a)	You, whether an individual or legal entity, have completed SQUARE ENIX 's registration procedures and agree to be bound by the terms and conditions of this Agreement and any other guidelines, rules, and policies set by SQUARE ENIX that you are required to accept when using the Website including without limitation our privacy policy located at (http://eu.square-enix.com/en/documents/privacy) (“Privacy Policy”). You are required to accept the terms of the Privacy Policy in order to use the Website and/or the Services. If you do not accept the terms of the Privacy Policy or the terms of this Agreement, please discontinue your use of the Website and/or any Services immediately. If there are any discrepancies between this Agreement and any other guidelines, this Agreement, which incorporates the Privacy Policy, will precede any other guidelines;
(b)	You represent and warrant that all registration information is truthful and accurate and that you will maintain the accuracy of such information;
(c)	You are at least thirteen (13) years old. If you are a minor (i.e., under 18 years of age), you have obtained your parent’s permission to use the Services and your parent or guardian has also reviewed and agreed to this Agreement;
(d)	You are not barred from receiving the Services under the laws of the United Kingdom or any other applicable jurisdiction (such as the jurisdiction in which you live or, if you are a business entity, the jurisdiction in which your business is incorporated or organized or conducts business);
(e)	You understand and agree that you are responsible for having all telephone, modem, internet connection, intranet connection, extranet connection, other equipment and/or software necessary to access the Website and Services and for the costs of such equipment, telephone connections, software and the use thereof, including without limitation any applicable taxes;
(f)	You represent and warrant that you will not use the Website or Services in any manner that is in violation of this Agreement or of any applicable law or regulation; and
(g)	You agree that your Square Enix Account is non-transferable and, therefore, may not be transferred to or used by anyone other than you.

2. Square Enix ID and Password

(a)	The Registered User will be solely responsible for the use and maintenance of his or her Square Enix ID and password, which will provide the Registered User with access to a Square Enix Account. The Registered User agrees to keep the Square Enix Account information updated, current and secure. Changes to account information may be made here. You may not sub-license, transfer, sell or assign your Square Enix ID or password to a third party, or allow a third party to use your Square Enix ID or Square Enix Account in any manner. Any use of the Registered User's Square Enix ID and password, even in the event that a third party uses such Square Enix ID and password, will be considered made by the Registered User and he/she will be liable for all charges and costs incurred. Regardless of the Registered User's lack of negligence or wilfulness, SQUARE ENIX will not be liable for any damages caused by a third party's use of the Registered User's Square Enix ID and password. If the Registered User has reason to believe that his or her Square Enix Account is no longer secure, or in the event of a loss, theft, or unauthorised disclosure or use of his or her Square Enix ID or password stored on the Services, the Registered User must promptly notify SQUARE ENIX of the problem at https://support.eu.square-enix.com/main.php?la=2&id=612.
(b)	Security Token Registered Users may choose to use the security token services provided by SQUARE ENIX for their account verification. A security token is a security device used to give authorised users secure access to the Website and/or Services ("Security Token"). If a Registered User chooses to use the security token services, such use will be governed by this Agreement and included in the Services provided by SQUARE ENIX for such Registered User.
(c)	Use of Security Tokens In the event that you use a Security Token along with your Square Enix ID in order to access and use SQUARE ENIX's services, including but not limited to, PlayOnline®, CIS® and FINAL FANTASY® XIV, the following conditions apply: (i) you agree to the Terms and Conditions set by this Agreement and any other applicable Agreement or guidelines provided; (ii) you agree that if there are any discrepancies in the scope of SQUARE ENIX's liability between the Terms and Conditions set by any other agreement or guidelines and this Agreement, Article 8 DISCLAIMER OF WARRANTIES and Article 9 LIMITED LIABILITY of this Agreement shall take precedence.

3. Crysta® System
The following policies govern the Crysta System offered by SQUARE ENIX to its users in the European Union. If you live outside of the European Union, the Crysta System may be available to you pursuant to the policies of Square Enix Co., Ltd. or Square Enix Inc, depending on where you are located.

(a)	Introduction to Crysta and the Crysta System The “Crysta System” refers to an Internet-based system operated by SQUARE ENIX for the licensing, distribution, storage and redemption of Crysta. “Crysta” are virtual credits that may be redeemed by Registered Users for certain products and online services offered by SQUARE ENIX direct or by outlets approved by Square Enix in its sole discretion. Registered Users are not required to use Crysta to access any of SQUARE ENIX’s products and online services. It is a Registered User’s choice whether or not they wish to use Crysta. Access to and use of Crysta issued by Square Enix Limited is currently limited to Registered Users located in the European Union.
(b)	Crysta are Merely Licensed Virtual Goods and Have No Monetary Value Crysta represent a limited, revocable license to obtain certain services and/or goods offered by SQUARE ENIX. Crysta have no monetary value and Registered Users do not have any personal property rights in Crysta. Therefore, Crysta may not be traded for cash, currency or any form of property, licence or rights except for the products and services that SQUARE ENIX chooses to offer Registered Users in its sole discretion. Registered Users may not transfer Crysta to any other person or entity or receive Crysta from any other person or entity for any reason. Please note that SQUARE ENIX may utilize technology to determine whether a Registered User has attempted to transfer a Square Enix ID to another person in order to attempt an unauthorised transfer of Crysta, and You hereby consent in advance to our doing so. For further information on the use of tracking technology and how we store and process such data, please refer to our Privacy Policy at http://eu.square-enix.com/en/documents/privacy.
(c)	Adding Crysta to a Square Enix Account Registered Users may add Crysta to their Square Enix Account by using a Square Enix approved payment method and each Crysta will be considered delivered to the Registered User on the day that the Crysta are credited to the Square Enix Account. Registered Users must be authorised to use the payment method chosen and in the case of minors using a credit or debit card of a parent or guardian, must have express permission to use such payment method. The current prices for Crysta will be available at http://eu.square-enix.com/en/seaccount/crysta/charge and the prices quoted will be inclusive of VAT or any other sales tax payable in the relevant territory (in the European Union) where the Crysta are purchased Registered Users are responsible for the payment of any charges (excluding VAT/sales taxes, which are included in the purchase price of Crysta) in relation to the purchase or redemption of Crysta.
(d)	Crysta Gift Cards SQUARE ENIX may distribute Crysta gift cards or “points” cards in certain territories. A Registered User may redeem a Crysta gift card or “points” card only in exchange for Crysta. Once the unique code on a Crysta gift card is inputted into the Crysta System and the appropriate amount of Crysta has been added to a Square Enix Account, the Registered User has received all value represented by the gift card (i.e., the Registered User has a license to use a certain number of Crysta) and the Crysta gift card has no remaining value.
(e)	Square Enix Account Limits In order to protect Registered Users’ security and to deter fraud, SQUARE ENIX may impose limits on the amount of Crysta that each Registered User may license per transaction and per month. SQUARE ENIX may also limit the maximum amount of Crysta that each Registered User may hold in a Square Enix Account at any one time. Registered Users may not set up multiple Square Enix Accounts in order to evade these limitations. Doing so may be grounds for termination.
(f)	Usage of Crysta Registered Users may redeem Crysta for certain products and/or online services offered directly to the public by SQUARE ENIX. SQUARE ENIX reserves the right to adjust the amount of Crysta due for each product and online service at any time, in its sole discretion. Once redeemed, Crysta will be deducted from a Registered User’s Square Enix Account balance and cannot be used again. Registered Users will have the opportunity to identify and correct any input errors prior to placing an order for Crysta and before the transaction has been completed. Without prejudice to a Registered User’s statutory rights, which shall remain unaffected, a Registered User has no right to reverse a transaction once it is completed. However, if SQUARE ENIX determines that an incorrect price (in Crysta) is identified for a product or online service, it reserves the right to reverse and/or nullify any such transaction.
(g)	Rights of Withdrawal and No Cash Refunds You have the right to withdraw from any transaction made on-line for the purchase of Crysta within any statutory time limits established by law within the relevant jurisdiction where the purchase was made and before SQUARE ENIX credits Crysta to your Square Enix Account. By completing an online transaction in order to add Crysta to your Account you consent to SQUARE ENIX immediately adding the Crysta to your Square Enix Account for your immediate use and understand and accept that once SQUARE ENIX has added the ordered Crysta to your Square Enix Account you can no longer cancel the order, without prejudice to your statutory rights as a consumer to a refund in the case of defective or misdescribed products being added. Registered Users have no right to receive a cash refund for unused Crysta. SQUARE ENIX will make available products and online services at various price points so that Registered Users will have an opportunity to use any remaining Crysta balances while the Crysta System is available. Notwithstanding the foregoing, Square Enix will re-credit your account in the event that Crysta is lost due to any Crysta System malfunction. To request a refund in accordance with your statutory rights as a consumer, please contact http://support.eu.square-enix.com/contacttop.php?id=612&la=2 If a third party obtains access to a Square Enix Account by use of a Registered User’s Square Enix ID and password, the Registered User must notify SQUARE ENIX immediately in order to be eligible for any possible remedial action by SQUARE ENIX. SQUARE ENIX will promptly investigate any claim of a compromised Square Enix Account and, in its sole discretion, may add some Crysta to the balance if the third party depleted the Square Enix Account without authorisation. SQUARE ENIX will not add Crysta if the Registered User did not take appropriate steps to protect a Square Enix ID and password from third parties, including members of the household.
(h)	Expiration of Crysta and Termination of the Crysta System Crysta purchased by Registered Users, if unused, will expire twenty four (24) months after the date the relevant Crysta was credited to the Registered User’s account. Registered Users will be provided with reasonable notice by email to the email address you provided to SQUARE ENIX on registration for your Square Enix Account that such unused Crysta is about to expire so that they are given the opportunity to use any unused Crysta before the actual expiry date, Notwithstanding the foregoing, Crysta that is given to Registered Users for free as a result of promotion, gift, award or other offer by SEE (“Gift Crysta”) may expire at whatever date is given by SEE in connection with the relevant promotion, gift, award or offer and such expiry date shall be at least fourteen (14) days from the date that the Gift Crysta is given to Registered Users.
(i)	Improper Acquisition/Usage of Crysta Registered Users agree that SQUARE ENIX has the absolute right to manage and regulate the Crysta System in its sole discretion. If SQUARE ENIX can show any fraudulent, abusive or unlawful activity with respect to a Registered User’s Crysta balance, then SQUARE ENIX may reduce or liquidate the Registered User’s Crysta balance, or deactivate, suspend or terminate access thereto. If SQUARE ENIX accidently credits a Crysta balance inappropriately, SQUARE ENIX reserves the right to remove the Crysta from the Square Enix Account at any time. If a Registered User believes that SQUARE ENIX has accidently deducted Crysta from a Square Enix Account, or has not properly credited a Square Enix Account, the Registered User must notify SQUARE ENIX as soon as practical so that an investigation may occur. If a Registered User notifies SQUARE ENIX that the Registered User contests a decision by SQUARE ENIX regarding a Square Enix Account, SQUARE ENIX will use reasonable efforts to investigate Crysta balances that are reduced and Square Enix Accounts that are suspended or terminated.
(j)	Termination of Square Enix Account If a Registered User (a) is banned for violation of the Agreement or (b) voluntarily terminates the Registered User’s Square Enix Account, SQUARE ENIX reserves the right to delete the Square Enix Account and all Crysta permanently, without liability to the Registered User except as required by law.
(k)	Changes to the Crysta System SQUARE ENIX reserves the right to change the way that the Crysta System operates, or to terminate the Crysta System altogether, at any time, in its sole discretion. In the event that Square Enix chooses to terminate the Crysta System, you shall be given reasonable notice by email to the email address you provided to SQUARE ENIX on registration for your Square Enix Account to redeem any unused Crysta held by you in your Square Enix Account for products and/or services offered by Square Enix. The foregoing rights will be subject to and do not affect your statutory rights as a consumer.
(l)	Crysta and Virtual Goods Waiver BY ACCEPTANCE OF THIS AGREEMENT OR USE OF THE CRYSTA SYSTEM, REGISTERED USERS AGREE TO THE EXTENT PERMITTED BY LAW NOT TO ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SQUARE ENIX, ITS AFFILIATES, ITS BACK-END SERVICE PROVIDER, OR THEIR EMPLOYEES, ARISING OUT OF OR RELATED TO CRYSTA OR THE CRYSTA SYSTEM, OR WHICH IS BASED ON A THEORY THAT REGISTERED USERS "OWN" CRYSTA OR ANY VIRTUAL GOODS IN ANY GAME OR SERVICE OFFERED BY SQUARE ENIX OR ITS AFFILIATES.
(m)	Square Enix Limited will be the sole issuing authority for Crysta in the European Union and Crysta purchased from Square Enix Limited may only be redeemed by Registered Users for the purchase of products and/or online services offered by Square Enix Limited at the following url http://eu.square-enix.com/en/.
(n)	If you want to make a complaint about any aspect of the Crysta service please write to Square Enix Limited at its registered office address (Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU, England) marked for the attention of the Legal Department.
(o)	If you require any technical or customer support assistance when purchasing Crysta or using the Crysta service please contact http://support.eu.square-enix.com/contacttop.php?id=612&la=2.

4. Cancellations or Termination
Upon termination by you or upon notice of termination by SQUARE ENIX you must immediately cease all use of the Service.

(a)

Cancellation by You You may cancel your registration to the Services at any time by providing the necessary information to Square Enix and following the procedures here. Upon SQUARE ENIX's receipt of your cancellation request, including the necessary and complete information required by SQUARE ENIX, your Square Enix Account will be terminated within a reasonable period of time. Upon cancellation of your Registration, any information in your Square Enix Account will be deleted and may not be recoverable. However, SQUARE ENIX reserves the right to maintain your account information for our records for a reasonable period of time.

(b)

Termination by SQUARE ENIX SQUARE ENIX reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, or to terminate your registration for any or no reason Without Prejudice to your statutory rights as a consumer. Registered Users may automatically lose access to their Square Enix Account without prior notification if SQUARE ENIX determines the Registered User has (i) been inactive for over one (1) year, their Crysta account is at a zero balance and deactivation is permitted by law; (ii) failed to pay applicable fees or charges; or (iii) engaged in any of the "Prohibited Uses" outlined below. In such a case (iii), SQUARE ENIX may also deny a Registered User future use of the Website or Services in its sole discretion and Square Enix is not obliged to accept any claim for repayment or refund of all or any proportion of fees previously paid or any claim for redemption for cash of Crysta as a result of any such termination. The foregoing rights will be subject to and do not affect your statutory rights as a consumer.

5. Prohibited Uses
The following acts or content are prohibited. If you engage in any such acts or post or link to any such content, or if you violate any other SQUARE ENIX agreements that you have accepted, or third-party payment method agreements related to the Crysta System on terms that you have accepted, SQUARE ENIX may terminate your Square Enix Account and usage of the Website and/or Services without notice SQUARE ENIX may also take lesser measures in its sole discretion and subject to your statutory rights as a consumer.
You agree NOT to use the Website or Services to:

i.	Upload, post, link to, email or otherwise transmit any content that: (1) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (2) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure Agreements); (3) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or, (4) contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;.
ii.	Harm SQUARE ENIX or a third party in any way;
iii.	Impersonate any actual person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv.	Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
v.	Interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services;
vi.	Intentionally or unintentionally violate any applicable local, state, national or international law;
vii.	"Stalk" or otherwise harass, or collect or store personal data about other users;
viii.	Cause an unreasonable or disproportionately large load on the Website infrastructure, or access the Website by any means other than through the interface that is provided by SQUARE ENIX;
ix.	Attempt to access any area of the Website or Services to which access is not authorised (SQUARE ENIX can detect the unauthorised use of the systems through live log file analysis and will ban any future use by offenders);
x.	Use, transfer, distribute or dispose of any information contained in the Website or Services in any manner that does or could compete with the business of SQUARE ENIX;
xi.	Engage in or instigate any illegal activities;
xii.	Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or Content (as defined below);
xiii.	Use any network monitoring or discovery software to determine the Website architecture or to extract information about usage or users;
xiv.	Use any robot, spider, other automatic device, or manual process to monitor or copy the Website or Content without SQUARE ENIX's prior written permission;
xv.	Copy, modify, reproduce, republish, distribute, display, translate, or transmit for commercial, non-profit or public purposes all or any portion of the Website except when, and to the extent that, SQUARE ENIX provides written permission;
xvi.	Use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of any part of the European Union;
xvii.	USE ANY OF THE MARKS (E.G., SQUARE ENIX'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS, OR THOSE OF SQUARE ENIX'S LICENSORS) WITHOUT SQUARE ENIX'S PRIOR WRITTEN CONSENT NOR USE SUCH MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THE MARKS.

SQUARE ENIX cannot and does not assure that other users or Registered Users are or will be complying with this Agreement and/or any other guidelines and is not responsible for any damages and/or losses caused by other users or Registered Users.

6. Modifications
Subject Always to your right to receive a refund for any unused Crysta credited to your Square Enix Account on the happening of any of the events set out in this Clause 6 SQUARE ENIX, in its sole discretion and without notice, may (a) revise this Agreement; (b) modify the Website and/or the Services, or (c) discontinue the Website and/or Services at any time. SQUARE ENIX will post any revision to this Agreement to the Website, and the revision will be effective immediately on such posting. You agree to review this Agreement and other online guidelines posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following the notice of any revision, you will abide by any such revision. SQUARE ENIX will not be liable for any damages or losses related to the modification, cancellation or termination of this Agreement, the Website and/or the Services other than to credit the Registered User’s Square Enix Account with the value of any unused Crysta.

7. Privacy Policy

(a)	Your use of the Website or Services is also governed by our Privacy Policy (http://eu.square-enix.com/en/documents/privacy). By using the Website or Services, you consent to the terms of our Privacy Policy and to SQUARE ENIX's processing of Personal Information for the purposes contained in our Privacy Policy.
(b)	Personal Information Collected. In order for you to become a Registered User of the Website, receive email communications from us, participate in contests and competitions, and access certain paid services, we require you to provide us with certain information that personally identifies you ("Personal Information"). Personal Information includes the following categories of information: (i) contact data (such as your name, postal mailing address, e-mail address); (ii) demographic data (such as your post code and age); and (iii) profile data (such as personal interests). If you communicate with us by e-mail, post messages to any of our user groups, bulletin boards, forums, or blogs, or otherwise complete online forms, surveys, or contest entries, any information you provide (including your preferences, biographical information, photo, artwork, and other materials) may be collected as Personal Information.
(c)	To ensure that SQUARE ENIX provides a high quality experience for you and for other users of the Website and the Services, you agree that SQUARE ENIX and representatives may access your Square Enix Account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorised uses of the Website or the Services. You further consent to SQUARE ENIX's usage of your Square Enix ID, usernames, handle name and/or character in press releases, promotional and marketing materials, and/or on our Website.

8. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT SQUARE ENIX AND ITS AFFILIATES HEREBY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR TERMS EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE CONCERNING THE WEBSITE AND SERVICES PROVIDED BY SQUARE ENIX GROUP. SQUARE ENIX IS MAKING THIS WEBSITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, OR TERMS EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING SQUARE ENIX DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SQUARE ENIX FURTHER DOES NOT WARRANT THAT THE WEBSITE AND/OR SERVICES WILL OPERATE ON ALL TYPES OF COMPUTER.

9. LIMITED LIABILITY
IN RESPECT OF EACH SERVICE OR OTHER ITEM OF GOODS PURCHASED BY YOU VIA THE WEBSITE, YOU CAN RECOVER FROM SQUARE ENIX ITS PARENT, SUBISIDARY AND AFFILIATED COMPANIES (“SQUARE ENIX PARTIES”) ONLY DAMAGES WHICH ARE A FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT BY SQUARE ENIX UP TO AN AMOUNT EQUAL TO THE MAXIMUM AMOUNT PAID BY YOU IN ANY BILLING CYCLE (AS SUCH TERM IS DEFINED IN THE USER AGREEMENT FOR THE RELEVANT GAME) FOR THE INDIVIDUAL SERVICE OR GOODS PURCHASED IN EACH CASE . THE SQUARE ENIX PARTIES ARE NOT RESPONSIBLE FOR INDIRECT OR SO-CALLED “CONSEQUENTIAL” LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND US INCLUDING BUT NOT LIMITED TO: (A) LOSS OF INCOME OR REVENUE (B) LOSS OF BUSINESS (C) LOSS OF PROFITS OR CONTRACTS (D) LOSS OF ANTICIPATED SAVINGS (E) LOSS OF OPPORTUNITY (F) LOSS OF DATA
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS CLAUSE 9 OR ANYHWERE IN THIS USER AGREEMENT NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT SQUARE ENIX’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THAT PARTY’S NEGLIGENCE OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR RESTRICTED BY LAW.

SOME JURISDICTIONS DO NOT PERMIT THE WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY SET FORTH IN CLAUSE 8 AND THIS CLAUSE 9. NOTHING IN CLAUSE 8 AND THIS CLAUSE 9 SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

10. INDEMNITY
YOU AGREE TO PAY AND REIMBURSE US IN FULL FOR THE AMOUNT OF ALL COSTS, FEES, EXPENSES, DAMAGES, PENALTIES, LIABILITIES AND OTHER LOSSES WHICH SQUARE ENIX AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS AND EMPLOYEESINCUR OR SUFFER DUE TO YOUR USAGE OF THE WEBSITE OR SERVICES IN BREACH OF THIS AGREEMENT, AND/OR ARISING OUT OF CONTENT YOU SUBMIT, POST, LINK TO, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICES IN BREACH OF THIS AGREEMENT, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER.

11. Compliance with Intellectual Property Laws
In addition to the prohibited uses set forth in this Agreement, when accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Submissions (as defined below) you provide or transmit, or that is provided or transmitted using your Square Enix ID.

(a)

Copyright The content on the Website, except User Submissions (as defined in Section 12), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SQUARE ENIX, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SQUARE ENIX reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or any of its Content.

(b)

Copyright Infringement If you are a copyright owner or an agent of a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification by providing SQUARE ENIX's Copyright Agent with the following information in writing : i. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it to SQUARE ENIX's designated Agent for Notice of claims of copyright or other intellectual property infringement, who can be reached by post at:

Copyright Agent
Square Enix Limited
c/o Legal and Business Affairs
240 Blackfriars Road
London SE1 8NW

You acknowledge that if you fail to comply with all of the requirements of this Clause your copyright infringement notice to us may not be valid.

For clarity, only copyright infringement notices should go to SQUARE ENIX's Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service through https://support.eu.square-enix.com/main.php?la=2&id=612.

12. User Submissions
The Website permits the submission of material you post to the public areas of the Website and Services, including, for example, your username, reviews, stories, comments and links to other websites ("User Submissions”). You understand that whether or not such User Submissions are published, SQUARE ENIX does not guarantee any confidentiality with respect to any submissions.

You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise SQUARE ENIX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to SQUARE ENIX, you hereby grant SQUARE ENIX a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and SQUARE ENIX's (and its successors’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement.

In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SQUARE ENIX all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SQUARE ENIX or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

SQUARE ENIX does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SQUARE ENIX expressly disclaims any and all liability in connection with User Submissions. SQUARE ENIX does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SQUARE ENIX will use commercially reasonable efforts to remove all allegedly infringing Content and User Submissions in accordance with the procedures set forth in the Digital Millennium Copyright Act.

SQUARE ENIX reserves the right to remove Content and User Submissions without prior notice and in its sole discretion. SQUARE ENIX may terminate your access to the Website if you are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. SQUARE ENIX also reserves the right to decide in its sole discretion whether Content or User Submissions are appropriate and in compliance with this Agreement.

For violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SQUARE ENIX may remove such User Submissions and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

You understand that when using the SQUARE ENIX Website, you will be exposed to User Submissions from a variety of sources, and that SQUARE ENIX is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SQUARE ENIX with respect thereto, and agree to indemnify and hold SQUARE ENIX, its owners, employees, affiliates, licensors, and employees of SQUARE ENIX, it affiliates and licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

SQUARE ENIX takes no responsibility and assumes no liability for any User Submissions posted, stored or uploaded by you or any third party to the Website, or for any loss or damage thereto, and you are solely responsible for creating backup copies of and replacing any User Submissions you post or store on the Website at your sole cost and expense.

13. Use of Downloadable Content
SQUARE ENIX may make certain content or software available to you from the Website. If you download content, applications, or software from the Website, the downloaded data, including all files and images contained in or generated by the software, and accompanying data (collectively "Downloadable Content") are owned by SQUARE ENIX and licensed to you by SQUARE ENIX for your personal, non-commercial, home use only. SQUARE ENIX, does not transfer to you either the title or the intellectual property rights to the Downloadable Content, and SQUARE ENIX retains full and complete title to the Downloadable Content as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Downloadable Content to a human-perceivable form. All trademarks and logos are owned by SQUARE ENIX or its licensors and you may not copy or use them in any manner except as otherwise permitted by law.

14. Links and Affiliated Sites
This Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. SQUARE ENIX will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials. SQUARE ENIX has no control over, and no liability for, any third party websites or materials. SQUARE ENIX works with many partners and affiliates whose websites may be linked with the Website. SQUARE ENIX makes no representations or guarantees about the accuracy, currency, content, or quality of the information provided by such websites, and SQUARE ENIX assumes no responsibility for unintended, objectionable, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Website, you may have access to content items that are owned by third parties. You acknowledge and agree that SQUARE ENIX makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that unless expressly provided otherwise, these Terms of Use will govern your use of any and all third party content located on the Website.

15. Disputes Among Registered Users
You are solely responsible for any disputes between you and other Registered Users. SQUARE ENIX reserves the right, but has no obligation, to monitor or resolve disputes between Registered Users.

16. Choice of Law and Forum
This Website is controlled and operated by SQUARE ENIX from its offices in London, England. SQUARE ENIX makes no representation that any of the materials or Services to which you have been given access are available or appropriate for use in other locations. If you choose to access the Website from outside the United Kingdom, you are responsible for compliance with foreign and local laws. Your use of or access to the Website should not be construed as SQUARE ENIX's purposefully availing itself of the benefits or privilege of doing business in any jurisdiction other than England and Wales.

This Agreement and any related dispute or claim (contractual or non-contractual) shall be governed by, and construed in accordance with, English law. Each party irrevocably submits for all purposes in connection with the Agreement (including any such dispute or claim) to the exclusive jurisdiction of the English courts, except that nothing in the Agreement shall limit Square Enix’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not), to the extent permitted by the law of such other jurisdiction.

17. Waiver
SQUARE ENIX does not represent that materials in the Website or Services are appropriate or available for use in countries outside the United Kingdom. If you choose to access the Website from outside the United Kingdom, you are responsible for compliance with foreign and local laws. Further, certain areas of the Website or Services are subject to age restrictions. You agree to comply with any age restrictions.

Inaction or failure by SQUARE ENIX to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

18. Severability
If any provision of this Agreement will be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of this Agreement will be affected as a result thereof, and accordingly, the remaining provisions of this Agreement will remain in full force and effect as though such void, invalid or inoperative provision had not been contained herein.

19. Entirety
This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement.

20. Force Majeure
SQUARE ENIX will not be liable or deemed to be in default for any delays or failure in performance or interruption of the Website or Services resulting directly or indirectly from any cause of circumstances beyond the control of SQUARE ENIX, including but not limited to acts of God, acts of public enemy, war, terrorism, accident, fires, natural disaster, electrical failures, telephone system failures, restraining orders or decrees of any court, strikes, postal delays, explosions, governmental orders, or regulations.

21. Rights of Third Parties
A person that is not party to the Agreement has no rights to enforce any provision of the Agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

22. Assignment
You may not assign, charge, license or otherwise dispose of any rights you may have under this Agreement without our prior written consent.

This Agreement was last modified on 16 December 2014.

This Website is operated by:
Square Enix Limited, incorporated in England and Wales
Company Number 01804186
240 Blackfriars Road
London SE1 8NW
England