{"service":{"name":"SQUARE ENIX","url":"https://www.square-enix-games.com/en_EU/documents/tnc","lang":"ENG","sector":"Games","hq":"Japan","hq_category":"Other","is_public":"Public","is_paid":"Optionally paid","date":"12.03.2021"},"document":{"title":"","text":"The following Square Enix Terms of Service (“Terms of Service”) explain the conditions\nthat apply when you use our various games, software, products, services, websites,\naccounts, applications, online stores, features, content, and activities (the “Services,” and\neach a “Service”). These Terms of Service govern your use of any Service that posts or\nlinks to these Terms of Service or is owned, controlled, or published by or for: Square\nEnix, Inc.; Square Enix LLC; Square Enix Limited; Crystal Dynamics, Inc.; Eidos\nInteractive Corp.; or their subsidiaries (“Square Enix,” or “we,” “our,” or “us”). In addition\nto these Terms of Service, separate guidelines, rules, or terms of service or sale\n(“Additional Terms”) may apply to your use of a particular Service. Where applicable,\nthese Additional Terms will be made available to you before you start using any Service\nfor which they are relevant. To the extent there is a conflict between these Terms of\nService and any Additional Terms, the Additional Terms will control unless expressly\nstated otherwise. Certain Services we offer are not governed by these Terms of Service,\nbut rather by separate terms of service and other policies that shall be notified to you\nwhen you access or use such Services. In the absence of any notification that such\nalternative terms apply, these Terms of Service shall govern.\nBefore using the Services, you must read and accept these Terms of Service and any\nAdditional Terms, and you acknowledge that you have read and understand the Square\nEnix Privacy Notice. If you do not agree to these Terms of Service or any Additional\nTerms, please uninstall and discontinue use of the Services.\nMANY TYPES OF DISPUTES THAT MAY ARISE IN CONNECTION WITH YOUR\nACCESS TO OR USE OF THE SERVICES MAY BE SUBJECT TO MANDATORY\nARBITRATION. PLEASE READ THE ARBITRATION PROVISIONS IN SECTION 14 OF\nTHESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.\n1. Region\nThese Terms of Service are a contract between you and the Square Enix affiliate for your\ngeographical region identified below (“Region”):\nFor the “American Region,” Square Enix means Square Enix, Inc., 999 N. Pacific\nCoast Highway, 3rd Floor, El Segundo, CA 90245, United States. You are in the\nAmerican Region if you are in: North America; South America; Central America;\nAmerican Samoa; Guam; the United States Minor Outlying Islands; or the Caribbean.\nFor the “EMEA-Asia Region,” Square Enix means Square Enix Limited (Co. No.\n01804186), 240 Blackfriars Road, London, SE1 8NW United Kingdom. You are in the\nEMEA-Asia Region if you are in Europe, the Middle East, Africa, Asia, or any other\nterritory not identified in this Section 1.\nNotwithstanding the foregoing, you may not use the Services if you are located in a\nterritory in which use of the Services is prohibited by applicable law or these Terms of\nService.\n2. Limited License\nSquare Enix and its licensors own and reserve all rights, title, and interest in the Services\nand the associated intellectual property in the Services, including audio-visual elements\nand other copyrightable materials (such as the “look and feel” of the Services);\ntrademarks, logos, trade names, service marks, and trade identities of Square Enix and\n\nour licensors; patentable subject matter; and any other forms of intellectual property.\nSubject to your continuing compliance with these Terms of Service, Square Enix grants\nyou a limited, non-exclusive, cancellable, non-assignable, non-sublicensable, and non-\ntransferable license to use the Services for your personal, non-commercial use. Square\nEnix may immediately suspend or terminate the availability of some or all of the Services\nfor any reason, in Square Enix’s sole discretion, without advance notice or liability.\n3. Use Restrictions\nIn order to use the Services, you must not do any of the following: (i) violate any\napplicable law or regulation; (ii) use the Services for commercial or political purposes; (iii)\ncopy, scrape, reproduce, redisplay, reverse engineer, decompile, hack, or modify the\nServices, including any server or network used to provide the Services (except to the\nextent enforcement of the foregoing is prohibited by applicable law); (iv) access or attempt\nto access an Account (defined below) that does not belong to you; (v) interfere with\nanother user’s use of the Services; (vi) cheat or create an unfair advantage in the\nServices or any other Square Enix games or services; (vii) create, develop, modify,\ndistribute, use, promote, advertise, sell, commercialise, or otherwise exploit any\nunauthorised software, service, tool, or scheme to cheat or create an advantage in any\noffline, online, or multiplayer modes of the Services or any Square Enix games or\nservices; (viii) interfere with any security feature of the Services; (ix) use an unauthorised\nserver to emulate or access the Services; (x) intercept, mine, or collect information from\nthe Services or its users without authorisation; (xi) violate the intellectual property rights or\nother rights of Square Enix or others; or (xii) remove any trademark, copyright, or other\nintellectual property notice. We may immediately suspend or terminate your access to the\nServices if you violate any of these restrictions, or if you otherwise violate these Terms of\nService.\n4. Use of the Services by Children\nThe Services are not directed to children under the age of thirteen (13), and Square Enix\nwill not knowingly collect personal information from anyone under the age of thirteen (13)\n(or other applicable minimum age in your place of residence) without obtaining verifiable\nexplicit parental consent as may be required by law. Children over the age of thirteen (13)\n(or other applicable minimum age in your place of residence) but under the age of\neighteen (or other applicable age of majority in your place of residence) must obtain\nconsent from their parent or guardian before using the Services. Where applicable,\ninteractive video games (“Games,” and each a “Game”) offered through the Services\ncarry a voluntary or mandatory age rating identified on the packaging and in online\ninformation. You agree not to play, or to allow others to play, a particular Game if doing so\nwould violate the applicable minimum age rating in your jurisdiction. Parents and\nguardians of children under the age of eighteen (or the applicable age of majority in your\nplace of residence) should read these Terms of Service carefully before allowing children\nto use the Services.\n5. Account Registration\nSome features of the Services may require you to register an account with Square Enix\n(“Account”). You are responsible for maintaining the security of your Account and for all\nactivity that occurs on your Account. When registering an Account, you agree to the\nfollowing: (i) you will not use a username or email address that impersonates or\n\npersonally identifies another person or entity; (ii) you will provide and maintain accurate\ninformation; and (iii) you will not sell your Account to a third party or let any other person\nuse your Account. Square Enix may suspend or terminate your Account at any time and\nfor any reason, including if Square Enix believes you have violated these Terms of\nService. Notwithstanding the foregoing, if you live in France then Square Enix will provide\nyou at least thirty (30) days’ notice before terminating your Account.\nIf you have registered an Account and wish to terminate it, please contact the applicable\ncustomer support center for your Region as provided below in Section 11. Upon\ntermination of your Account for any reason, Square Enix reserves the right to delete the\nAccount permanently.\n6. Virtual Credits\nSquare Enix may allow you to use “Virtual Credits” to redeem certain digital items and\nonline services. Virtual Credits may have different names, such as, “Crysta®,” “coins,”\n“points,” or “gold.” Virtual Credits are not currency or property and have no monetary\nvalue. Square Enix retains all ownership of Virtual Credits and has the absolute right to\nmanage and change Virtual Credits and all licenses for digital items and services\nredeemed using Virtual Credits. Your use of Virtual Credits is subject to a personal, non-\ncommercial, non-exclusive, non-assignable, non-sublicensable, non-transferable,\ncancelable license. Except where explicitly authorized by Square Enix, exchanging,\nseeking to exchange, or facilitating the exchanging of Virtual Credits or other virtual items\nfor money or any other form of property is strictly forbidden and considered a breach of\nthese Terms of Service.\nWhere permitted by Square Enix, you may add Virtual Credits to an Account by using the\napplicable payment methods for the platform you are using to access the Services.\nSquare Enix reserves the right to adjust the price for Virtual Credits at any time, in its sole\ndiscretion, without notice or reimbursement. You are responsible for the payment of any\ntaxes or other charges relating to the purchase or redemption of Virtual Credits. Except as\nwhere may be required by law, you have no right to receive a refund for unused Virtual\nCredits.\nUnless you live in the European Union, or have acquired or use the Services in a country\nlocated in the European Union, you agree not to bring a lawsuit against Square Enix or\nour affiliates, service providers, or licensors arising out of or related to your use of Virtual\nCredits, including any claim based on a theory that you own Virtual Credits or any related\ndigital items or service; any modifications in the amount of Virtual Credits necessary to\nobtain a virtual item or service; or the removal of access to any virtual item or service,\nincluding as a result of Account termination.\n7. Purchases from Square Enix\nPurchases made through the Square Enix Online Store are not governed by these Terms\nof Service, but rather by the Terms and Conditions of Sale and other policies posted on\nthe website applicable to your Region (currently https://store.na.square-enix-\ngames.com/ for the American Region and https://store.eu.square-enix-games.com/ for the\nEMEA-Asia Region). If you made a purchase on the Square Enix Online Store and have\nquestions about the terms and conditions applicable to your purchase, including whether\nyou have the right to cancel an order or request a refund, please visit the appropriate\nSquare Enix Online Store website for your Region for more information.\n\nTo the extent not governed by the aforementioned Terms and Conditions of Sale and\nother policies posted on the Square Enix Online Store website, or by other Additional\nTerms, and without affecting your rights as a consumer under local law, the following\nterms shall apply to purchases you make directly from Square Enix. If you place an order\nwith Square Enix, we may, solely in our discretion, reject your order or limit the quantity of\nproducts you may purchase. We may also require additional information from you before\naccepting your order. If we accept your order, we will email you a confirmation notice\nproviding relevant details on the purchase and a binding contract will form between you\nand us. If we are unable to accept your order because a product is not available, we may\nnotify you when it becomes available again (subject to your consent).\nFor purchases made by customers resident outside of the EU:\nPhysical products are at your risk from the time of delivery, and download products are at\nyour risk from the time the download completes. Subject to your local law, you may not\ncancel an order for a physical product after you receive an order confirmation, and may\nnot cancel a digital product after you start downloading the product.\nFor purchases made by customers resident in the EU:\nThese are the terms and conditions on which Square Enix provides products to you,\nwhether these are goods or digital content.\nOrders for goods: After placing an order for goods, you will have a period of fourteen (14)\ndays after the date that you receive the goods to cancel your order without giving any\nreason. This right will be lost if the goods are sealed audio or sealed video recordings or\nsealed computer software and these goods are unsealed after you receive them.\nOrders for digital content: After placing an order for digital content, you will have a period\nof fourteen (14) days from the date on which your order was placed to cancel your order\nwithout giving any reason. This right shall be lost if you have begun downloading or\nstreaming the digital content. If we delivered the digital content to you immediately, and\nyou agreed to this when placing your order, you will not be able to cancel.\nIf you wish to exercise your cancellation right, you can contact Square Enix\nat http://support.eu.square-enix.com to send us the model cancellation form below.\n- To Square Enix Limited, 240 Blackfriars Road, London, SE1 8NW United Kingdom: - I\nhereby give notice that I withdraw from my contract for the following:\n[INSERT ORDER ID AND NAME OF PRODUCT] - Ordered on [INSERT DATE] / received\non [INSERT DATE]\n- Name of consumer\n- Address of consumer\n- Date - Account ID\n- Email address associated with purchase/Account\nYou must send your communication within the applicable fourteen (14) day period for your\ncancellation to be effective. We will refund the applicable method you used for payment\nwithin fourteen (14) days of being notified of your wish to cancel in respect of digital\ncontent, or within fourteen (14) days from receipt of the returned products in respect of\ngoods.\nWhere you have purchased a recurring subscription to one of our Services, you agree that\nSquare Enix will process recurring payments automatically. Your subscription will continue\nto renew until you cancel your subscription. Unless stated otherwise, prices do not include\ndelivery charges and certain other applicable fees, which will be disclosed to you before\nyou place your order. Depending on the destination, products may be subject to additional\n\nimport duties, taxes, or levies, and you are responsible for the payment of all such\ncharges. If you purchase a download product, you are responsible for any costs\nassociated with downloading and accessing the product.\nNOTHING IN THESE TERMS OF SERVICE AFFECTS YOUR RIGHTS AS A\nCONSUMER UNDER LOCAL LAW, INCLUDING YOUR RIGHT IN CERTAIN\nJURISDICTIONS TO CANCEL AN ORDER OR RECEIVE A REFUND FOR A PRODUCT\nTHAT IS DEFECTIVE OR NOT AS DESCRIBED TO YOU. Where applicable, we will\nprovide you with details regarding your statutory cancellation rights, and an explanation of\nhow to exercise them, in the order confirmation.\n8. User-Generated Content\nSquare Enix may offer you the opportunity to upload, transmit, or otherwise make\navailable on the Services content you have created (“User-Generated Content”). Subject\nto your local law, you grant Square Enix the unrestricted, worldwide, irrevocable,\nperpetual, and cost-free right to use, copy, modify, distribute, disclose, sell, sublicense,\ndisplay, publicly perform, publish, broadcast, translate, make derivative works of, promote,\nand otherwise exploit your User-Generated Content without any compensation, notice, or\nattribution to you, and to allow other third parties to do the same. To the maximum extent\npermitted by your local law, you waive any moral rights you have in User-Generated\nContent.\nYou are solely liable for your User-Generated Content and submit it at your own risk.\nWhen you submit User-Generated Content, you agree that: (a) you are the sole author\nand owner of the rights to the User-Generated Content and are able to grant such rights\nwithout creating any obligation or liability to Square Enix or any third party; (b) the User-\nGenerated Content does not infringe any intellectual property right or other right (including\nrights of privacy or publicity) of any third party; (c) the User-Generated Content will not\ncause injury or harm to Square Enix or any third party; and (d) the User-Generated\nContent does not violate these Terms of Service.\nSquare Enix may—but does not have an obligation to—delete, remove, edit, or refuse to\npost User-Generated Content in our sole discretion. We do not accept any liability for\nremoving, or not removing, any User-Generated Content.\n9. Procedure for Alleging Copyright\nInfringement under the DMCA\nIf you believe that any content available on the Services violates a copyright, you may\nnotify Square Enix as set forth in the U.S. Digital Millennium Copyright Act of 1998. To do\nso, please send us a notice that includes the following information:\na legend or subject line that says “DMCA Copyright Infringement Notice”;\na description of the copyrighted work that you claim has been infringed or, if multiple\ncopyrighted works are covered by a single notification, a list of such works;\na description of where the material that you claim is infringing or is the subject of\ninfringing activity is located that is reasonably sufficient to permit us to locate the\nmaterial;\n\nyour name, address, telephone number, and email address;\na statement by you that you have a good-faith belief that use of the material in the\nmanner complained of is not authorized by the copyright owner, its agent, or the law;\na statement by you, made under penalty of perjury, that all the information in your\nnotice is accurate and that you are the copyright owner (or, if you are not the\ncopyright owner, that you are authorized to act on behalf of the owner); and\nyour electronic or physical signature.\nAll DMCA notices must be sent to:\nSquare Enix\nAttn: Legal Department\n999 N. Pacific Coast Highway., 3rd Floor\nEl Segundo, CA 90245, United States\nEmail: DMCA@us.square-enix.com.\nIf we receive a notice of copyright infringement that complies with the notice requirements\nin this Section 9, we will respond in accordance with our requirements under the U.S.\nDigital Millennium Copyright Act of 1998 (or other laws, if applicable). Please note that we\nmay share any information you provide in your notice with the allegedly infringing party.\nYou may be liable if you knowingly misrepresent that material or activity is infringing.\n10. Community Guidelines\nYou must comply with the following guidelines (“Community Guidelines”) when using our\nonline communities, uploading content on the Services (including User-Generated\nContent), or interacting with other users on the Services:\nYou must treat other people with respect. Cursing, harassing, stalking, threatening,\nand making insulting comments or personal attacks about other people is prohibited.\nYou must not use the Services to encourage hateful or illegal conduct, including\ncrimes against humanity, acts of terrorism, exploitation of children, acts of violence\nagainst women or any other person or group, attacks against another’s human\ndignity, or hatred of others based on their race, religion, national origin, gender, sex,\nsexual preferences, or disabilities.\nYou must not use the Services to distribute any content that is obscene,\npornographic, defamatory, hateful, or illegal, or that violates the intellectual property\nrights or other rights of any person or entity.\nRespect others’ privacy. You may not reveal another person’s name, address, phone\nnumber, email address, date of birth, social security number, credit card number,\nmedical information, financial information, likeness, or any other information that can\nbe used to identify another person.\nDo not impersonate another person or entity, misrepresent your identity or affiliation\nwith another person or entity, or otherwise make statements that are false, fraudulent,\nor deceptive.\nIf you discover any content or behaviour that violates this section or these Terms of\nService, or is otherwise illegal or infringing, please report it to us by contacting the\n\ncustomer service center designated for your Region in Section 11. Please note that we\nhave the right, but not the obligation, to monitor the Services, and we accept no liability for\ncontent or behaviour you encounter on the Services.\n11. Customer Service Requests\nFor questions and other customer service requests, please contact the relevant customer\nservice center below:\nFor the American Region: http://support.na.square-enix.com.\nFor the EMEA-Asia Region (other than China; Japan; Mongolia; Republic of Korea;\nTaiwan; Laos; Thailand; Hong Kong; Vietnam; the Philippines; Brunei; Malaysia;\nSingapore; Indonesia; Cambodia; or Macao) and for English language questions and\ncustomer service requests from outside the American\nRegion: http://support.eu.square-enix.com.\nFor China; Japan; Mongolia; Republic of Korea; Taiwan; Laos; Thailand; Hong Kong;\nVietnam; the Philippines; Brunei; Malaysia; Singapore; Indonesia; Cambodia; or\nMacao (aside from English language queries): http://support.jp.square-enix.com.\n12. Dealings with Third Parties\nA.     Third-Party Software and Services. The Services may give you the option to\naccess third-party websites, software, services, advertisements, or other third-party\nmaterials. We do not endorse or control such third-party materials and we are not\nresponsible for your interactions with them. When accessing any third-party materials, you\nshould carefully read any applicable terms of service and privacy policies.\nB.     Apple. If you are accessing or using an application that is operated or published by\nSquare Enix and posts or links to these Terms of Service through an Apple device running\niOS (“iOS App”), the following Additional Terms are applicable to you and are\nincorporated into these Terms of Service by this reference:\n(i) You acknowledge that these Terms of Service are concluded between you and Square\nEnix only, and that Square Enix, and not Apple, is responsible for providing the Services\nand any content thereof. (ii) You may only access an iOS App through Apple-branded\nproducts that you own or control and as permitted by the usage rules set forth in the App\nStore Terms of Service (currently available\nat http://www.apple.com/legal/itunes/uk/terms.html); provided that an iOS App may be\naccessed and used by other accounts associated with you via Family Sharing or volume\npurchasing. (iii) You acknowledge that Apple has no obligation to furnish any maintenance\nor support services to you with respect to any iOS App. To the extent that any\nmaintenance or support is required under applicable law, Square Enix, and not Apple, is\nobligated to provide such maintenance and support. (iv) In the event a warranty obligation\nis not disclaimed under these Terms of Service or Additional Terms and/or cannot be\ndisclaimed under applicable law, Square Enix, and not Apple, is responsible for providing\nsuch warranty. If an iOS App fails to conform to an applicable warranty, you may notify\nApple, and Apple will refund the purchase price for the iOS App. To the maximum extent\npermitted by applicable law, Apple will have no other warranty obligation whatsoever with\nrespect to an iOS App. (v) Notwithstanding anything to the contrary herein, you\nacknowledge that, solely as between Apple and Square Enix, Square Enix is responsible\nfor addressing any claims you may have relating to the Services, including: (a) product\n\nliability claims; (b) any claim that the Services fail to conform to any applicable legal or\nregulatory requirement; and (c) claims arising under consumer protection, privacy or\nsimilar legislation. (vi) If the Services are alleged to infringe a third party's intellectual\nproperty rights, Square Enix, and not Apple, is responsible for the investigation, defense,\nsettlement, and discharge of any such intellectual property infringement claims. (vii) You\nagree to comply with any third-party terms applicable to your use of an iOS App. (viii) You\nacknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries\nof these Terms of Service and that Apple has the right to enforce this Section 12(B)\nagainst you as a third-party beneficiary thereof.\nC.     Microsoft. If you are accessing or using the Services through a Microsoft video\ngame platform or service (e.g., Xbox One, Xbox Live) the following Additional Terms are\napplicable to you and are incorporated into these Terms of Service by this reference:\n(i) To the maximum extent allowed by applicable law, Microsoft and its affiliates: (a) have\nno warranty obligations whatsoever with respect to the Services; and (b) have no liability\nto you for any claims or damages relating to the Services. (ii) Microsoft and its affiliates\nhave no obligation to provide you with any support for the Services or with any other\nadditional services. (iii) Nothing in these Terms of Service is intended to: (a) prevent or\nlimit your access to any software product intended for use on a Microsoft video game\nplatform, including with respect to any related updates or digital content; or (b) govern or\nchange in any way your relationship with Microsoft under Microsoft’s applicable\nagreements with you, including the Xbox Live terms of use.\nD.     Sony. If you are accessing or using the Services through a PlayStation®4 or\nPlayStation®5 console, the following Additional Terms are applicable to you and are\nincorporated into these Terms of Service by this reference:\n(i) You acknowledge that these Terms of Service are a contract between you and Square\nEnix, and not an agreement between you and Sony Interactive Entertainment, Inc. or any\nof its affiliate companies (collectively “Sony”). Square Enix, and not Sony, is responsible\nfor the Services. (ii) You are granted a limited license to use the Services only on a\nsystem that you own or control or that delivers the Services to you via\nPlayStation™Network. (iii) Sony is considered a third-party beneficiary of Square Enix\nunder these Terms of Service. (iv) For users in Brazil, Canada, Mexico, or the United\nStates, the following additional terms apply:\nPurchase and use of items are subject to the Network Terms of Service and User\nAgreement. This online service has been sublicensed to you by Sony Interactive\nEntertainment America. (v) For users in Australia, Austria, Belgium, Croatia, the Czech\nRepublic, Denmark, Finland, France, Germany, Greece, India, Ireland, Israel, Italy,\nKuwait, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, Russia,\nSaudi Arabia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, the United\nArab Emirates, the United Kingdom, or Ukraine, the following additional terms apply:\nAny content purchased in an in-game store will be purchased from Sony Interactive\nEntertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network\nTerms of Service and User Agreement which is available on the PlayStation™Store.\nPlease check usage rights for each purchase as these may differ from item to item.\nUnless otherwise shown, content available in any in-game store has the same age rating\nas the game.\n13. Wireless Features\n\nThe Services may allow you to access certain features via your wireless device, such as\nthe ability to upload content to the Services, receive messages from the Services, or\ndownload applications. Please note that your carrier may charge messaging, data, and\nother fees to use such wireless features, and may also prohibit you from using certain\nfeatures of the Services.\n14. Binding Arbitration and Waiver of\nClass Actions\nUnless you live in the European Union and/or are using the Services in the European\nUnion, or except where otherwise prohibited by your local law, the following Section 14\nshall apply to any controversy, allegation, or claim between you and Square Enix that\narises out of or relates to the Terms of Use or your use of the Services (collectively, a\n“Dispute”). If you are located in the European Union, you may submit a Dispute for online\nresolution to the European Commission Online Dispute Resolution platform, information\non which is currently available at the following link: https://ec.europa.eu/info/live-work-\ntravel-eu/consumers/resolve-your-consumer-complaint_en.\nIn the event of a Dispute, the aggrieved party shall send the other party a written notice\nthat includes the name, address, and contact information of the party giving notice, as well\nas a description of the Dispute and a proposed resolution. To notify Square Enix of a\nDispute, please send a notice to the physical mailing address for your Region as set forth\nabove in Section 1, with attention to the “Legal Department.” For a period of sixty (60)\ndays following a party’s receipt of notice of a Dispute, Square Enix and you shall attempt\nto resolve the Dispute informally. If you and Square Enix cannot resolve the Dispute within\nsixty (60) days, then the aggrieved party may initiate binding arbitration as the sole means\nto resolve the Dispute. WITH ARBITRATION THERE IS NO JUDGE OR JURY, THE\nARBITRATION IS SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND JUDICIAL\nREVIEW OF THE ARBITRATION OUTCOME IS LIMITED. Any arbitration proceeding\nshall be conducted by JAMS before one neutral arbitrator pursuant to JAMS’ Streamlined\nArbitration Rules and Procedures and subject to the applicable law and venue for your\nregion as set forth in Section 18(B) of these Terms of Service. The JAMS consumer\narbitration minimum standards will apply if you are a “consumer” as defined by JAMS,\nwhich includes the right to an in-person hearing in your hometown area. Where permitted\nby the arbitrator, Square Enix agrees that you may appear at an arbitration proceeding by\ntelephone. Discovery will be permitted pursuant to the applicable arbitration rules. All\nparties to the arbitration will have the right, at their own expense, to be represented by an\nattorney or other advocate of their choosing. You and Square Enix will pay the arbitration\nfees and other costs in accordance with the applicable arbitration rules. If applicable\narbitration rules or laws require Square Enix to pay a greater portion of such fees and\ncosts in order for this Section 14 to be enforceable, then Square Enix may pay such fees\nand costs and proceed to arbitration.\nThe arbitrator’s decision must consist of a written statement stating the disposition of each\nclaim of the Dispute and must provide a statement of the essential findings and\nconclusions on which the award (if any) is based. Judgment on the arbitration decision\nand award (if any) may be entered in or by any court that has jurisdiction over the parties.\nThis Section 14 does not preclude either party from seeking remedies in small claims\ncourt for Disputes within the scope of such court’s jurisdiction.\nThis Section 14 does not apply to any legal action taken by Square Enix to seek an\ninjunction or other equitable relief in connection with any actual or potential loss, cost, or\ndamage relating to the Services. Nor does this Section 14 apply to any controversy,\nallegation, or claim regarding the processing of personal information transmitted to\n\nSquare Enix in the United States from the European Union, European Economic Area, or\nSwitzerland (for any inquiry or complaint concerning any such transfer of personal\ninformation, please follow the procedures provided in the Square Enix Privacy Notice).\nDISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT\nBE CONSOLIDATED WITH ANY OTHER ARBITRATION OR OTHER PROCEEDING\nTHAT INVOLVES ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. In the\nevent this class action waiver is held to be illegal or unenforceable then our agreement to\narbitrate will not apply and the Dispute must be brought exclusively in court on an\nindividual basis.\nIf the arbitration provisions of this Section 14 are found to be unenforceable for any\nreason, you agree that the venue for any Dispute between you and us shall be the\napplicable court in Section 18(B) (based on your Region).\n15. Disclaimer of Representations and\nWarranties\nYOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SQUARE ENIX DISCLAIMS\nAND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES,\nINCLUDING WHETHER THE SERVICES: ARE FREE FROM VIRUSES OR OTHER\nMALICIOUS CONTENT; WILL INTEROPERATE OR BE COMPATIBLE WITH ANY\nTHIRD-PARTY HARDWARE OR SOFTWARE; WILL BE ERROR FREE,\nUNINTERRUPTED OR AVAILABLE AT ALL TIMES; WILL MEET YOUR\nREQUIREMENTS; OR ARE LAWFUL IN ANY PARTICULAR JURISDICTION. TO THE\nMAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX DISCLAIMS ALL EXPRESS\nOR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY,\nFITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.\nSOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR\nOTHER WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS MAY NOT\nAPPLY TO YOU. IF YOU LIVE IN, HAVE BOUGHT, OR USE THE SERVICES IN A\nJURISDICTION THAT PROVIDES STATUTORY OR OTHER GUARANTEES UNDER\nAPPLICABLE LAW, NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT THOSE\nRIGHTS.\n16. Limitations of Liability\nTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SQUARE ENIX AND\nITS EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS,\nAGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS,\nREPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE “SQUARE ENIX PARTIES”)\nARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY\nKIND, INCLUDING DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL,\nPUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE\nTHE RESULT OF OR RELATED TO: (I) YOUR USE OF OR INABILITY TO USE THE\nSERVICES OR THE PERFORMANCE OF THE SERVICES; (II) GAMES, PRODUCTS,\nCONTENT, USER-GENERATED CONTENT, OR ANY OTHER FUNCTIONS,\nFEATURES, ELEMENTS, OR INFORMATION ON, REFERENCED AT, OR LINKED OR\nMADE ACCESSIBLE THROUGH THE SERVICES; (III) ANY ACTION TAKEN IN\nCONNECTION WITH AN INVESTIGATION BY THE SQUARE ENIX PARTIES OR LAW\nENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE\n\nSERVICES; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR\nOTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; (V)\nANY ERRORS OR OMISSIONS IN THE SERVICES’ TECHNICAL OPERATION; (VI)\nANY DAMAGE TO YOUR OR ANOTHER PERSON’S DEVICE, HARDWARE,\nSOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE\nFROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR,\nOMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,\nCOMPUTER LINE, NETWORK FAILURE, OR ANY TECHNICAL OR OTHER\nMALFUNCTION; OR (VII) YOUR INABILITY OR FAILURE TO COMPLY WITH THESE\nTERMS OF SERVICE FOR ANY REASON. TO THE FULLEST EXTENT PERMITTED BY\nAPPLICABLE LAW, IN NO EVENT WILL THE SQUARE ENIX PARTIES’ TOTAL\nLIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF\nACTION, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID SQUARE\nENIX OVER THE PRECEDING TWELVE (12) MONTHS. NOTHING IN THESE TERMS\nAFFECTS YOUR LEGAL RIGHTS IN YOUR PLACE OF RESIDENCE. IN THE EVENT\nOF A CONFLICT BETWEEN YOUR RIGHTS UNDER APPLICABLE LOCAL LAW AND\nTHESE TERMS OF SERVICE, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL\nPREVAIL.\nIf you are located in the European Union, or in another jurisdiction that does not allow the\nexclusion or limitation of incidental or consequential damages of the sort that are\ndescribed in this Section 16, then such exclusions and limitations may not apply to you.\nNothing in these Terms of Service in any way limits our liability to you for: (i) death or\npersonal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii)\nbreach of any term implied by applicable law (including the Consumer Rights Act 2015 in\nthe United Kingdom) that may not be limited or excluded; or (iv) any other liability that, by\nlaw, may not be limited or excluded. Subject to this, in no event shall we be liable to you\nfor any business losses, and any liability we do have for losses you suffer arising from any\ncontract shall not, in respect of any twelve-month period as calculated from the date of\nthat contract, exceed the charges payable by you for the relevant Service in that twelve-\nmonth period or include any losses that were reasonably foreseeable. Losses are\nconsidered foreseeable where they could have been contemplated by you and us at the\ntime we accepted your order.\n17. Waiver of Injunctive and Other\nEquitable Relief\nIF YOU CLAIM TO HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES, THEY\nWILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION\nOR OTHER EQUITABLE RELIEF. THIS MEANS THAT, IN CONNECTION WITH YOUR\nCLAIM, YOU AGREE THAT YOU WILL NOT SEEK ANY COURT OR OTHER ACTION\nTHAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION\nOF ANY PRODUCT, GAME, SERVICE, OR OTHER INTELLECTUAL PROPERTY\nOWNED, LICENSED, USED, OR CONTROLLED BY SQUARE ENIX.\n18. Additional Provisions\nA.     Updates to Terms of Service. Square Enix reserves the right to modify these\nTerms of Service at any time, including by posting updated terms on the Services (subject\nto applicable law). By continuing to use the Services after any such update you consent to\nthe changes to the Terms of Service. You may also be asked to affirmatively consent to\n\nupdates to these Terms of Service, and may be prevented from continuing to use the\nServices if you decline to accept such an update.\nB.     Applicable Law and Venue. Except as stated otherwise, these Terms of Service will\nbe governed by and resolved in accordance with the following:\nIf you are in the American Region, these Terms of Service will be governed by the\nlaws of the State of California, United States, subject to the exclusive jurisdiction of\nthe state and federal courts located in Los Angeles, California, United States.\nIf you are in the EMEA-Asia Region, these Terms of Service will be governed by\nEnglish law, except that if you live in a country of the European Union other than\nEngland (which, for the purpose of this paragraph, includes Scotland and Northern\nIreland) there may be certain mandatory applicable laws of your country that apply for\nyour benefit and protection in addition to or instead of certain provisions of English\nlaw. You agree that any dispute between you and us regarding these terms or any\ncontract will only be dealt with by the English courts, except that if you live in a\ncountry of the European Union you can choose to bring legal proceedings either in\nyour country or in England. If you live in the European Union and we bring legal\nproceedings against you, we must do so in your country. The European Online\nDispute Resolution platform, currently available at http://ec.europa.eu/consumers/odr,\nprovides information about alternative dispute resolution which may be of interest to\nyou.\nC.     Indemnity. You agree to defend, indemnify, reimburse, and hold harmless the\nSquare Enix Parties from and against any and all claims, demands, losses, liabilities, or\nexpenses (including attorneys’ fees) incurred in connection with your User-Generated\nContent, use of the Services, violation of these Terms of Service, or violation of any\nperson or entity’s intellectual property rights or other rights. We retain the exclusive right\nto assume the defense and control of any matter that is otherwise subject to\nindemnification by you under this paragraph, and you agree to cooperate with Square\nEnix in asserting any available defenses.\nD.     Export Controls. You will not export, re-export, or otherwise download or transfer\nthe Services to any country, jurisdiction, or person if doing so would violate the export\ncontrol laws of the United States or another country. You are responsible for complying\nwith all applicable trade regulations, laws, and export controls. Without limiting the\nforegoing, you represent and warrant that: (i) you are not located in a country that is\nsubject to a U.S. Government embargo, or that has been designated by the U.S.\nGovernment as a “terrorist supporting” country; and (ii) you are not listed on any U.S.\nGovernment list of prohibited or restricted parties.\nE.     Severability. If any provision of these Terms of Service is found to be invalid,\nunlawful, void, or unenforceable, then that provision will be deemed severable and its\ninvalidity will not affect the validity or enforceability of the remainder of these Terms of\nService.\nF.     Interpretation. To the extent permitted by applicable law, you waive any rights under\napplicable statutory or common law that may permit a contract to be construed against its\ndrafter. Wherever the word “including” is used in these Terms of Service it is deemed to\nmean “including, without limitation.”\nG.     Cooperation with Law Enforcement. Subject to applicable law, Square Enix\nreserves the right to involve and cooperate with law enforcement authorities in\ninvestigating any matters at any time without notice to you and with or without the receipt\nof a formal subpoena, search warrant, or other legal process. You acknowledge and agree\nthat Square Enix may provide your electronic communications and data, including emails\n\nand chat logs, to such law enforcement authorities without any liability to you or any third\nparty, unless prohibited by law.\nH.     Survival. In the event these Terms of Service are terminated then any terms that by\ntheir nature apply after such termination shall survive, including the rights and licenses\nyou grant to Square Enix, indemnities, releases, disclaimers, limitations of liability, and\nprovisions regarding jurisdiction, choice of law, no class action (if applicable in your\ncountry), and mandatory arbitration (if applicable in your country).\nI.     Assignment. Square Enix may assign its rights and obligations under these Terms of\nService, in whole or in part, to any person or entity at any time without notice to you. You\nmay not assign these Terms of Service without our prior written consent.\nJ.     No Waiver. No failure or delay by you or Square Enix in exercising any rights,\npowers, or remedies will operate as a waiver, and no waiver of any term of these Terms of\nService will be effective unless in writing and signed by the party against whom the waiver\nis sought to be enforced.\nK.     Entire Agreement. These Terms of Service, together with the Privacy Notice,\nAdditional Terms, and any other terms of use relevant to your use of the Services,\nconstitute the entire understanding and agreement between the parties with respect to\nyour use of the Services and supersede any and all prior or contemporaneous oral or\nwritten communications.\nL.     Third-Party Rights. Except as expressly indicated herein, these Terms of Service\nare not intended to confer any rights or remedies on any person other than the parties to\nthese Terms of Service, except that any Square Enix Party may enforce any right or\nremedy expressly conferred on such Square Enix Party under these Terms of Service.\nM.     Plugin Licenses / Content Protection. The Services may incorporate certain third-\nparty plug-ins and/or content protection technology, which are governed by the open\nsource licenses and other provisions ascribed to them. A list of third-party plug-ins and/or\ncontent protection technology used by the Services can be found at the following URL as\nat the date below: https://square-enix-games.com/en_GB/documents/plugin-licenses-\ncontent-protection\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":-1,"explanation":"The user is obliged to file a case before an arbitration court specified in the ToS, instead of suing the company with a traditional lawsuit."},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"General interpretation clause","legal_ground":"Article 5 Directive 93/13","code":"interpret","score":-1,"explanation":"The ToS contains clauses stating that contract must be interpreted in favor of the company's intent"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}