Article 1 Purpose
Article 2 Requirements
- You may only use the Security Token if you meet the following conditions:
|(a)||You, whether an individual or legal entity, (i) have completed SQUARE ENIX's registration procedures and have a SQUARE ENIX Account, and (ii) have registered your Security Token;|
|(c)||You represent and warrant that all registration information is truthful and accurate and that you will maintain the accuracy of such information;|
|(d)||You are at least thirteen (13) years old. If you are a minor, you have obtained parental permission.|
- By purchasing and/or using the Security Token, you signify YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Article 3 Obtaining the Security Token
- You may order (or reserve) the Security Token by following the steps outlined by SQUARE ENIX. When ordering the Security Token, you must provide your name, address, shipping address and phone number. Also, you must represent and warrant that all information provided is truthful and accurate.
- Your order for the 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.
- Please be aware that a delay in shipment is possible due to availability or any other reason. In the event that your Security Token is not shipped within a reasonable period, SQUARE ENIX will notify you via e-mail and allow for a cancellation or a refund of the purchase price.
- Once the Security Token is shipped to and received by you, you will assume sole ownership of, and be solely responsible for, the Security Token.
Article 4 Payment
Article 5 Shipment
- Once an order and payment for the Security Token is received, it will be shipped via a carrier of SQUARE ENIX's choice.
- In the event that the shipment cannot be delivered to the address listed on the purchase order, SQUARE ENIX will send a notice to the Registered User's e-mail. If we hear back within the period allowed for reshipments ("Reshipment Period"), we will reship the Security Token. An additional reshipment fee may be charged. If we do not hear back within the allotted Reshipment Period, the order for the Security Token will be deemed cancelled. A refund for the Security Token will be made subject to a deduction of a shipment cost.
- SQUARE ENIX will 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, or regulations.
Article 6 Returns and/or Exchanges
- The Security Tokens are non-returnable and non-refundable.
- You must check that your Security Token is fully functional within 14 days of receiving the Security Token. If you run into the following situations, please notify SQUARE ENIX Support Center:
a. Your password does not appear on the Security Token despite following instructions;
b. You are unable to log into PlayOnline despite registering the Security Token and using your SQUARE ENIX Account User ID and the password provided by the Security Token.
Article 7 Replacement
Square Enix will either replace or repair a Security Token if all of the following conditions are met: (1) The Security Token malfunctions within three months of delivery; (2) the malfunction was not caused (directly or indirectly) by the Registered User; and (3) the Registered User is, and at all relevant times has been, in compliance with this Agreement. Square Enix will have sole discretion in determining whether a Security Token will be repaired or replaced. To request a repair or replacement Security Token, the Registered User should contact the SQUARE ENIX Support Center.
Article 8 Use of the Security Token
- In order to use your Security Token with PlayOnline, you must register your Security Token through your SQUARE ENIX Account. Please register and create a SQUARE ENIX Account if you do not have done so already: http://account.square-enix.com/regist/;
- Once your Security Token is registered, the Security Token will issue a one-time-only password which you must use henceforth to log in. Unless you disable your registration of the Security Token, you will not be able to log in using your PlayOnline ID and PlayOnline password anymore;
- If your Security Token runs out of batteries, it will no longer be able to obtain a one-time password and, consequently, you will be unable to log in. Accordingly, if your Security Token shows low batteries, please disable your Security Token registration or obtain a new Security Token. In the event that the Security Token runs out of batteries, please contact the SQUARE ENIX Support Center for further assistance.
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 9 Prohibited Use of the Security Token
The following acts are prohibited:
|- ||Decompiling, reverse engineering, or disassembling the Security Token;|
|- ||Replacing batteries for the Security Token (The Security Token is freshly formatted and cannot be used once the batteries are replaced.);|
|- ||Application of alcoholic fluids or oil (such as thinners and Bedzin) on the Security Token;|
|- ||Leaving the Security Token in places easily reachable by small children;|
|- ||Leaving the Security Token somewhere with high temperature or humidity, or in direct sunlight;|
|- ||Engaging in or instigating any use beyond the scope of what Security Tokens are normally used for.|
Article 10 Cancellation
SQUARE ENIX reserves the right, in its sole discretion, to restrict, suspend or terminate your use of the Security Token, as well as access to all or any part of PlayOnline or any other website/services provided by SQUARE ENIX, for any or no reason, with or without prior notice. SQUARE ENIX will 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 the website and/or services provided by SQUARE ENIX.
Article 11 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 WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SECURITY TOKEN AND THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Regardless of negligence or willfulness, SQUARE ENIX will not be liable for any damages caused by a third party's use of your 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 User ID, password or Security Token, you must promptly notify SQUARE ENIX of the problem by contacting the SQUARE ENIX Support Center.
Article 12 LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX AND/OR ITS AFFILIATES HAVE NO LIABILITY TO YOU WHATSOEVER BEYOND A REFUND OF THE PURCHASE PRICE OF THE SECURITY TOKEN, AND IN NO EVENT WILL SQUARE ENIX AND/OR ANY OF ITS PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES 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 WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Article 13 INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SQUARE ENIX AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AND AGENTS 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 VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER.
|(a)||Personal Information Collected: In order for you to become a Registered User, 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 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 for completing a transaction initiated by you;|
|(ii)||To verify the existence and conditions of the account or purchase order;|
|(iii)||In order to comply with a government agency directive, court order, or regulatory examination; or|
|(iv)||When you provide SQUARE ENIX with written permission.|
|(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 website or the services provided by SQUARE ENIX.|
This Agreement and the use of the Security Token are controlled and operated by SQUARE ENIX from its offices in the State of California. 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 States, 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 purposefully availing itself of the benefits or privileges of doing business in any state or jurisdiction other than California.
The validity, construction, interpretation and legal effect of this Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California.
This Agreement was last modified December 2009.
This Website is operated by: SQUARE ENIX, Inc. 999 N. Sepulveda Blvd., 3rd Floor El Segundo, California 90245