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SQUARE ENIX Security Token Terms of Use

Article 1 Purpose

    Users registered with Square Enix’s online services (“Registered Users”), including Final Fantasy XI, or Final Fantasy XIV (each a “Service”), may choose to use the security token services provided by Square Enix for account verification. A security token (“Security Token”) is a security device used to give authorized users secure access to the Website and/or Services (as defined in the Square Enix Account terms of use). A Security Token may be either a physical standalone device supplied by Square Enix (a “Physical Security Token”) or an application that runs on a multipurpose computing device such as a smartphone (a “Virtual Security Token”). This Square Enix Security Token terms of use (“Agreement”) is an agreement with respect to your acquisition and use of a Square Enix Security Token.

Article 2 Requirements

  1. You may only use the Security Token if you meet the following conditions:
    (a) You (i) have completed Square Enix’s registration procedures and have an active Square Enix account, and (ii) have registered your Security Token.
    (b) You agree to be bound by the terms and conditions of this Agreement and any other applicable guidelines, rules and policies set by Square Enix, including but not limited to, the Square Enix Account terms of use, the terms of use associated with the Virtual Security Token (if applicable), the license and user agreements for any Service and the Website, and Square Enix’s applicable terms of use and privacy policies.
    (c) You represent and warrant that all registration information you provided to Square Enix is fully accurate and that you shall maintain the accuracy of such information by submitting periodic updates as needed.
    (d) You are at least thirteen (13) years old. If you are a minor, you have obtained parental permission and your parents have agreed to be bound by the terms of this Agreement.
    (e) Square Enix has not suspended or terminated your Square Enix account, your access to the Services, or your use of the Security Token.
  2. By purchasing, obtaining, and/or using a Security Token, you signify your irrevocable acceptance of these terms and conditions and this Agreement.
  3. If there are any discrepancies between this Agreement and any other terms of use, policies, and/or guidelines, the order of precedence is as follows: (1) this Agreement, (2) any terms of use associated with a Virtual Security Token, (3) the user agreement for any Service, (4) the Square Enix account terms of use, (4) other applicable terms of use, policies, and/or guidelines.
  4. At any time, and in its sole discretion, with or without notice, Square Enix may: (a) revise this Agreement; (b) modify the functions or functionality of the Security Token; and/or (c) discontinue the use and acceptance of some or all Security Tokens. Square Enix shall post any revision to this Agreement to the Website, and the revision shall be effective immediately on such posting. You agree to review this Agreement and any other applicable terms of use, policies, and guidelines posted by Square Enix periodically to be aware of any revisions. You agree that, by continuing to use or access the Website, the Services, or the Security Token following the notice of any revision, you shall abide and be bound by any such revision. Square Enix shall not be liable for any damages or losses related to the modification, cancellation, or termination of this Agreement, the Website, the Services, and/or the Security Tokens.

Article 3 Obtaining the Security Token

  1. You may request a Physical Security Token by following the steps outlined by Square Enix. When requesting the Physical Security Token, you must provide your full and accurate name, address, shipping address, and phone number, as well as any other information requested by Square Enix at that time. You must also represent and warrant that all information you provide is truthful and accurate.
  2. Your request for a Physical Security Token is deemed accepted at the time we send a confirmation e-mail to your registered e-mail address. You may not cancel any orders once a confirmation e-mail is sent.
  3. Please be aware that delays in shipment are possible due to availability or any other reason. In the event that your Security Token is not shipped within a reasonable period, Square Enix shall attempt to notify you via e-mail and may allow you to cancel your order and/or a refund of the purchase price.
  4. Once you receive the Physical Security Token, you shall assume sole ownership of, and be solely responsible for, the Physical Security Token.
  5. You may request a Virtual Security Token from select third-party mobile application storefronts. You must comply with all third-party requirements in order to request and obtain a Virtual Security Token, as well as any terms of use associated with the Virtual Security Token, and this Agreement. Please contact the Square Enix Support Center for more information about where you may download Virtual Security Tokens.

Article 4 Shipment

  1. Once Square Enix receives an order and payment for the Security Token, Square Enix shall ship the Security Token to you via a carrier of Square Enix’s choice.
  2. In the event that the shipment cannot be delivered to the address listed on the purchase order, Square Enix shall send a notice to the registered user’s e-mail address. If Square Enix hears back from you within the period Square Enix allows for reshipments (“Reshipment Period”), we shall attempt to reship the Security Token to you. Square Enix may require you to pay an additional reshipment fee for reshipments. If Square Enix does not hear back from you during the Reshipment Period, Square Enix shall cancel your order for a Security Token. In this event, Square Enix shall issue you a refund for the Security Token subject to deduction of a fee for shipping and handling costs.
  3. Square Enix shall not be liable or deemed to be in default for any delays or failure in shipment resulting directly or indirectly from any cause of circumstances beyond the control of Square Enix, including but not limited to third party acts/omissions, acts of God, acts of public enemy, war, terrorism, accident, fires, natural disasters, electrical failures, telephone system failures, restraining orders or decrees of any court, strikes, postal delays, explosions, governmental orders, regulations, or delays caused by any shipper or any other third party.

Article 5 Returns and/or Exchanges

  1. Security Tokens are non-returnable and non-refundable.
  2. You must check that your Security Token is fully functional within fourteen (14) days of receiving the Security Token. You must promptly notify the Square Enix Support Center if:
    (a) Your password does not appear on the Security Token despite following instructions; or
    (b) You are unable to log into the Services despite registering the Security Token and using your Square Enix account user ID and the password provided by the Security Token.

Article 6 Replacement

  1. Square Enix shall either replace or repair a Physical Security Token if and only if:
    (a) the Physical Security Token malfunctions within three (3) months of delivery;
    (b) the malfunction was not caused (directly or indirectly) by the Registered User or any third party; and
    (c) the Registered User is, and at all relevant times has been, in compliance with this Agreement and all other applicable Square Enix terms of use and policies.
  2. To request that Square Enix repair or replace a Physical Security Token, the Registered User should contact the Square Enix Support Center. Square Enix shall have sole discretion to determine whether it shall repair or replace a Physical Security Token.

Article 7 Use of the Security Token

  1. In order for you to use a Security Token, you must register the Security Token through a Square Enix Account. You must register for a Square Enix Account if you have not already done so.
  2. Once you have registered your Security Token, the Security Token shall issue a one-time-only password which you must use henceforth to log in. Once you register your Security Token, you shall not be able to log into your Square Enix Account or the Services without the Security Token unless you disable your registration of the Security Token.
  3. If you have a Physical Security Token and it runs out of batteries, it shall no longer obtain a one-time password and, consequently, you may be unable to log in to your Square Enix Account and the Services. Accordingly, if you have a Physical Security Token and the Physical Security Token indicates that its batteries are running low, you should immediately disable your Security Token registration or obtain a new Security Token.
  4. In the event that your Security Token runs out of batteries, malfunctions, or becomes otherwise inaccessible or unusable, please contact the Square Enix Support Center for further assistance.
  5. You are solely responsible for the use and maintenance of your Square Enix Account ID and Security Token, and any one-time passwords issued by the Security Token.

Article 8 Prohibited Use of the Security Token

    The following acts are prohibited:
    (a) decompiling, reverse engineering, disassembling, or hacking the Security Token;
    (b) replacing the batteries of the Physical Security Token;
    (c) application of alcoholic fluids or oil (such as thinners and Bedzin), or any other liquids, to the Physical Security Token;
    (d) leaving the Security Token accessible to small children;
    (e) leaving the Physical Security Token somewhere with high temperature or humidity, or in direct sunlight;
    (f) allowing any third party to use your Security Token; and
    (g) engaging in or instigating any use of the Security Token beyond the uses of the token specifically authorized by this Agreement.

Article 9 Cancellation

    Square Enix reserves the right, in its sole discretion, to restrict, suspend or terminate your use of a Security Token, as well as access to all or any Square Enix website or service, for any reason or no reason, with or without prior notice. Square Enix shall not be responsible for any losses, damages, claims or actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of access to a Security Token, or any websites and/or services provided by Square Enix.

Article 10 DISCLAIMER OF WARRANTIES

    SQUARE ENIX HEREBY DISCLAIMS ALL WARRANTIES. SQUARE ENIX IS PROVIDING THE SECURITY TOKEN “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 SECURITY TOKEN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SECURITY TOKEN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SQUARE ENIX DOES NOT WARRANT THAT THE SECURITY TOKEN AND ITS USE WITH SQUARE ENIX WEBSITES OR SERVICES SHALL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SECURITY TOKEN AND THE WEBSITE AND/OR SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.

    Regardless of negligence or willfulness, Square Enix shall not be liable for any damages caused by a third party’s use of your Square Enix User ID and password, whether or not you use a Security Token. If you have reason to believe that your account is no longer secure, or in the event of a loss, theft, or unauthorized disclosure or use of your Square Enix User ID, password or Security Token, you must promptly notify Square Enix of the problem by contacting the Square Enix Support Center.

Article 11 LIMITED LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX AND ITS CURRENT AND FUTURE AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, “AFFILIATES”), HAVE NO LIABILITY TO YOU WHATSOEVER BEYOND A REFUND OF THE PURCHASE PRICE OF THE SECURITY TOKEN (IF ANY), AND IN NO EVENT SHALL SQUARE ENIX AND/OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SECURITY TOKEN. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

Article 12 INDEMNITY

    YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SQUARE AND ITS AFFILIATES FROM ANY CLAIM, DEMAND, OR LOSS INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, MADE OR OBTAINED BY ANY THIRD PARTY DUE TO YOUR USAGE OF THE SECURITY TOKEN, YOUR ACTUAL OR ALLEGED VIOLATION OF THIS AGREEMENT, YOUR ACTUAL OR ALLEGED VIOLATION OF APPLICABLE LAWS OR REGULATIONS, OR YOUR ACTUAL OR ALLEGED VIOLATION OF ANY RIGHTS OF ANOTHER USER OR ANY THIRD PARTY.

Article 13 Privacy Policy

    (a) In order for you to become a Registered User, receive email communications from us, participate in contests and competitions, and access certain 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 zip code and age); and (iii) profile data (such as personal interests).
    (b) You agree and consent that Square Enix may disclose your Personal Information to third parties about your credit, your accounts, and your transactions under any of the following conditions:
    (i) when it is necessary to complete a transaction initiated by you;
    (ii) to
    (iii) in order to comply with a government directive, court order, or regulatory examination;
    (iv) when you provide Square Enix with written permission; or
    (v) as otherwise permitted by applicable Square Enix privacy policies.
    (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 its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Security Token and/or any websites or services provided by Square Enix.
    (d) Your use of the Security Token is also governed by the applicable Square Enix Privacy Policies. By using the Security Token, you consent to the terms of our Privacy Policies and to Square Enix’s processing of Personal Information for the purposes contained in our Privacy Policies.

Article 14 Arbitration

    You agree to raise and resolve any and all disputes and claims with Square Enix arising out of or related to this Agreement or a Security Token through binding arbitration on an individual basis through the American Arbitration Association at a venue in Los Angeles, California. YOU AGREE THAT, BY ASSENTING TO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you prevail in your claim against Square Enix, then Square Enix shall pay all arbitration fees. Square Enix agrees that you may appear at any arbitration proceeding by telephone, unless the amount in controversy is $10,000 or more. The Federal Arbitration Act shall govern the interpretation and enforcement of this provision. If you wish to file for arbitration, then you must send, by registered mail or overnight delivery, a written notice of intent to arbitrate to Square Enix, Inc. Legal Dept., 999 N. Sepulveda Blvd., 3rd Flr, El Segundo, CA 90245.

    If the foregoing arbitration provision is found unenforceable, then any actions against Square Enix, Inc. arising out of or related to your use of a Security Token, or this Agreement, shall be heard in the courts located within the County of Los Angeles, California.

15. Choice of Law

    The Website and Services are controlled and operated by Square Enix from its offices in the State of California. Square Enix makes no representation that the Security Token, or 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 use the Security Token, or access the Website or the Services, from outside the United States, you are responsible for compliance with foreign and local laws. Your use of or access to the Security Token, the Website, or the Services should not be construed as Square Enix’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

    The validity, construction, interpretation and legal effect of this Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions.

16. Waiver

    Inaction or failure by Square Enix to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17. Severability

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

18. 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.

19. Force Majeure

    Square Enix shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Security Token, the Website, or the 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, labor disputes, strikes, restraining orders or decrees of any court, postal delays, explosions, governmental orders, or regulations.

20. Assignment

    You may not assign, license, or otherwise dispose of any rights you may have under this Agreement without Square Enix’s prior written consent.



This Agreement was last modified August 2015.
This Website is operated by: Square Enix, Inc. 999 N. Sepulveda Blvd., 3rd Floor El Segundo, California 90245



SQUARE ENIX Security Token Terms of Use

Article 1 Purpose

    Users registered with Square Enix’s online services (“Registered Users”), including Final Fantasy XI, or Final Fantasy XIV (each a “Service”), may choose to use the security token services provided by Square Enix for account verification. A security token (“Security Token”) is a security device used to give authorized users secure access to the Website and/or Services (as defined in the Square Enix Account terms of use). A Security Token may be either a physical standalone device supplied by Square Enix (a “Physical Security Token”) or an application that runs on a multipurpose computing device such as a smartphone (a “Virtual Security Token”). This Square Enix Security Token terms of use (“Agreement”) is an agreement with respect to your acquisition and use of a Square Enix Security Token.

Article 2 Requirements

  1. You may only use the Security Token if you meet the following conditions:
    (a) You (i) have completed Square Enix’s registration procedures and have an active Square Enix account, and (ii) have registered your Security Token.
    (b) You agree to be bound by the terms and conditions of this Agreement and any other applicable guidelines, rules and policies set by Square Enix, including but not limited to, the Square Enix Account terms of use, the terms of use associated with the Virtual Security Token (if applicable), the license and user agreements for any Service and the Website, and Square Enix’s applicable terms of use and privacy policies.
    (c) You represent and warrant that all registration information you provided to Square Enix is fully accurate and that you shall maintain the accuracy of such information by submitting periodic updates as needed.
    (d) You are at least thirteen (13) years old. If you are a minor, you have obtained parental permission and your parents have agreed to be bound by the terms of this Agreement.
    (e) Square Enix has not suspended or terminated your Square Enix account, your access to the Services, or your use of the Security Token.
  2. By purchasing, obtaining, and/or using a Security Token, you signify your irrevocable acceptance of these terms and conditions and this Agreement.
  3. If there are any discrepancies between this Agreement and any other terms of use, policies, and/or guidelines, the order of precedence is as follows: (1) this Agreement, (2) any terms of use associated with a Virtual Security Token, (3) the user agreement for any Service, (4) the Square Enix account terms of use, (4) other applicable terms of use, policies, and/or guidelines.
  4. At any time, and in its sole discretion, with or without notice, Square Enix may: (a) revise this Agreement; (b) modify the functions or functionality of the Security Token; and/or (c) discontinue the use and acceptance of some or all Security Tokens. Square Enix shall post any revision to this Agreement to the Website, and the revision shall be effective immediately on such posting. You agree to review this Agreement and any other applicable terms of use, policies, and guidelines posted by Square Enix periodically to be aware of any revisions. You agree that, by continuing to use or access the Website, the Services, or the Security Token following the notice of any revision, you shall abide and be bound by any such revision. Square Enix shall not be liable for any damages or losses related to the modification, cancellation, or termination of this Agreement, the Website, the Services, and/or the Security Tokens.

Article 3 Obtaining the Security Token

  1. You may request a Physical Security Token by following the steps outlined by Square Enix. When requesting the Physical Security Token, you must provide your full and accurate name, address, shipping address, and phone number, as well as any other information requested by Square Enix at that time. You must also represent and warrant that all information you provide is truthful and accurate.
  2. Your request for a Physical Security Token is deemed accepted at the time we send a confirmation e-mail to your registered e-mail address. You may not cancel any orders once a confirmation e-mail is sent.
  3. Please be aware that delays in shipment are possible due to availability or any other reason. In the event that your Security Token is not shipped within a reasonable period, Square Enix shall attempt to notify you via e-mail and may allow you to cancel your order and/or a refund of the purchase price.
  4. Once you receive the Physical Security Token, you shall assume sole ownership of, and be solely responsible for, the Physical Security Token.
  5. You may request a Virtual Security Token from select third-party mobile application storefronts. You must comply with all third-party requirements in order to request and obtain a Virtual Security Token, as well as any terms of use associated with the Virtual Security Token, and this Agreement. Please contact the Square Enix Support Center for more information about where you may download Virtual Security Tokens.

Article 4 Shipment

  1. Once Square Enix receives an order and payment for the Security Token, Square Enix shall ship the Security Token to you via a carrier of Square Enix’s choice.
  2. In the event that the shipment cannot be delivered to the address listed on the purchase order, Square Enix shall send a notice to the registered user’s e-mail address. If Square Enix hears back from you within the period Square Enix allows for reshipments (“Reshipment Period”), we shall attempt to reship the Security Token to you. Square Enix may require you to pay an additional reshipment fee for reshipments. If Square Enix does not hear back from you during the Reshipment Period, Square Enix shall cancel your order for a Security Token. In this event, Square Enix shall issue you a refund for the Security Token subject to deduction of a fee for shipping and handling costs.
  3. Square Enix shall not be liable or deemed to be in default for any delays or failure in shipment resulting directly or indirectly from any cause of circumstances beyond the control of Square Enix, including but not limited to third party acts/omissions, acts of God, acts of public enemy, war, terrorism, accident, fires, natural disasters, electrical failures, telephone system failures, restraining orders or decrees of any court, strikes, postal delays, explosions, governmental orders, regulations, or delays caused by any shipper or any other third party.

Article 5 Returns and/or Exchanges

  1. Security Tokens are non-returnable and non-refundable.
  2. You must check that your Security Token is fully functional within fourteen (14) days of receiving the Security Token. You must promptly notify the Square Enix Support Center if:
    (a) Your password does not appear on the Security Token despite following instructions; or
    (b) You are unable to log into the Services despite registering the Security Token and using your Square Enix account user ID and the password provided by the Security Token.

Article 6 Replacement

  1. Square Enix shall either replace or repair a Physical Security Token if and only if:
    (a) the Physical Security Token malfunctions within three (3) months of delivery;
    (b) the malfunction was not caused (directly or indirectly) by the Registered User or any third party; and
    (c) the Registered User is, and at all relevant times has been, in compliance with this Agreement and all other applicable Square Enix terms of use and policies.
  2. To request that Square Enix repair or replace a Physical Security Token, the Registered User should contact the Square Enix Support Center. Square Enix shall have sole discretion to determine whether it shall repair or replace a Physical Security Token.

Article 7 Use of the Security Token

  1. In order for you to use a Security Token, you must register the Security Token through a Square Enix Account. You must register for a Square Enix Account if you have not already done so.
  2. Once you have registered your Security Token, the Security Token shall issue a one-time-only password which you must use henceforth to log in. Once you register your Security Token, you shall not be able to log into your Square Enix Account or the Services without the Security Token unless you disable your registration of the Security Token.
  3. If you have a Physical Security Token and it runs out of batteries, it shall no longer obtain a one-time password and, consequently, you may be unable to log in to your Square Enix Account and the Services. Accordingly, if you have a Physical Security Token and the Physical Security Token indicates that its batteries are running low, you should immediately disable your Security Token registration or obtain a new Security Token.
  4. In the event that your Security Token runs out of batteries, malfunctions, or becomes otherwise inaccessible or unusable, please contact the Square Enix Support Center for further assistance.
  5. You are solely responsible for the use and maintenance of your Square Enix Account ID and Security Token, and any one-time passwords issued by the Security Token.

Article 8 Prohibited Use of the Security Token

    The following acts are prohibited:
    (a) decompiling, reverse engineering, disassembling, or hacking the Security Token;
    (b) replacing the batteries of the Physical Security Token;
    (c) application of alcoholic fluids or oil (such as thinners and Bedzin), or any other liquids, to the Physical Security Token;
    (d) leaving the Security Token accessible to small children;
    (e) leaving the Physical Security Token somewhere with high temperature or humidity, or in direct sunlight;
    (f) allowing any third party to use your Security Token; and
    (g) engaging in or instigating any use of the Security Token beyond the uses of the token specifically authorized by this Agreement.

Article 9 Cancellation

    Square Enix reserves the right, in its sole discretion, to restrict, suspend or terminate your use of a Security Token, as well as access to all or any Square Enix website or service, for any reason or no reason, with or without prior notice. Square Enix shall not be responsible for any losses, damages, claims or actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of access to a Security Token, or any websites and/or services provided by Square Enix.

Article 10 DISCLAIMER OF WARRANTIES

    SQUARE ENIX HEREBY DISCLAIMS ALL WARRANTIES. SQUARE ENIX IS PROVIDING THE SECURITY TOKEN “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 SECURITY TOKEN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SECURITY TOKEN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SQUARE ENIX DOES NOT WARRANT THAT THE SECURITY TOKEN AND ITS USE WITH SQUARE ENIX WEBSITES OR SERVICES SHALL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SECURITY TOKEN AND THE WEBSITE AND/OR SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.

    Regardless of negligence or willfulness, Square Enix shall not be liable for any damages caused by a third party’s use of your Square Enix User ID and password, whether or not you use a Security Token. If you have reason to believe that your account is no longer secure, or in the event of a loss, theft, or unauthorized disclosure or use of your Square Enix User ID, password or Security Token, you must promptly notify Square Enix of the problem by contacting the Square Enix Support Center.

Article 11 LIMITED LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX AND ITS CURRENT AND FUTURE AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, “AFFILIATES”), HAVE NO LIABILITY TO YOU WHATSOEVER BEYOND A REFUND OF THE PURCHASE PRICE OF THE SECURITY TOKEN (IF ANY), AND IN NO EVENT SHALL SQUARE ENIX AND/OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SECURITY TOKEN. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

Article 12 INDEMNITY

    YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SQUARE AND ITS AFFILIATES FROM ANY CLAIM, DEMAND, OR LOSS INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, MADE OR OBTAINED BY ANY THIRD PARTY DUE TO YOUR USAGE OF THE SECURITY TOKEN, YOUR ACTUAL OR ALLEGED VIOLATION OF THIS AGREEMENT, YOUR ACTUAL OR ALLEGED VIOLATION OF APPLICABLE LAWS OR REGULATIONS, OR YOUR ACTUAL OR ALLEGED VIOLATION OF ANY RIGHTS OF ANOTHER USER OR ANY THIRD PARTY.

Article 13 Privacy Policy

    (a) In order for you to become a Registered User, receive email communications from us, participate in contests and competitions, and access certain 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 zip code and age); and (iii) profile data (such as personal interests).
    (b) You agree and consent that Square Enix may disclose your Personal Information to third parties about your credit, your accounts, and your transactions under any of the following conditions:
    (i) when it is necessary to complete a transaction initiated by you;
    (ii) to
    (iii) in order to comply with a government directive, court order, or regulatory examination;
    (iv) when you provide Square Enix with written permission; or
    (v) as otherwise permitted by applicable Square Enix privacy policies.
    (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 its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Security Token and/or any websites or services provided by Square Enix.
    (d) Your use of the Security Token is also governed by the applicable Square Enix Privacy Policies. By using the Security Token, you consent to the terms of our Privacy Policies and to Square Enix’s processing of Personal Information for the purposes contained in our Privacy Policies.

Article 14 Arbitration

    You agree to raise and resolve any and all disputes and claims with Square Enix arising out of or related to this Agreement or a Security Token through binding arbitration on an individual basis through the American Arbitration Association at a venue in Los Angeles, California. YOU AGREE THAT, BY ASSENTING TO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you prevail in your claim against Square Enix, then Square Enix shall pay all arbitration fees. Square Enix agrees that you may appear at any arbitration proceeding by telephone, unless the amount in controversy is $10,000 or more. The Federal Arbitration Act shall govern the interpretation and enforcement of this provision. If you wish to file for arbitration, then you must send, by registered mail or overnight delivery, a written notice of intent to arbitrate to Square Enix, Inc. Legal Dept., 999 N. Sepulveda Blvd., 3rd Flr, El Segundo, CA 90245.

    If the foregoing arbitration provision is found unenforceable, then any actions against Square Enix, Inc. arising out of or related to your use of a Security Token, or this Agreement, shall be heard in the courts located within the County of Los Angeles, California.

15. Choice of Law

    The Website and Services are controlled and operated by Square Enix from its offices in the State of California. Square Enix makes no representation that the Security Token, or 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 use the Security Token, or access the Website or the Services, from outside the United States, you are responsible for compliance with foreign and local laws. Your use of or access to the Security Token, the Website, or the Services should not be construed as Square Enix’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

    The validity, construction, interpretation and legal effect of this Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions.

16. Waiver

    Inaction or failure by Square Enix to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17. Severability

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

18. 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.

19. Force Majeure

    Square Enix shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Security Token, the Website, or the 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, labor disputes, strikes, restraining orders or decrees of any court, postal delays, explosions, governmental orders, or regulations.

20. Assignment

    You may not assign, license, or otherwise dispose of any rights you may have under this Agreement without Square Enix’s prior written consent.



This Agreement was last modified August 2015.
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