FINAL FANTASY® XIV
User Agreement
Effective as of September 26, 2024
2.1 Cheating and Botting. You may not create or use any unauthorized cheats, bots, automation software, hacks, mods or any other unauthorized software or hardware designed to modify the Game and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay.
2.2 Real Money Trading Farming and Fraudulent Transactions. You may not sell, purchase, or exchange for real-world money or value any in-game currency, accounts, characters, in-game services, or in-game virtual items. You may not play the Game for the purpose of acquiring virtual items or advancement in game play on behalf of a third-party or for the purpose of selling any virtual assets to a third party for real-world money, specifically including "gold-farming" and power-leveling services. Further, fraudulent transactions such as purchase of optional item gift codes or illicitly obtained items through resales on unauthorized websites and unofficial reseller websites are prohibited.
2.3 Commercial Use. You may not exploit the Game for any commercial purpose (for example, advertising any product or service in-game, or use by the operator of a cyber café) without Square Enix's prior written consent.
2.4 Private Servers. You may not create, operate, participate in or use any unauthorized servers intended to emulate the Game.
2.5 Data Mining. You may not intercept, mine or otherwise collect information from the Game using unauthorized third-party software.
2.6 Hacking and Circumvention. You may not hack, disassemble, decompile, or otherwise modify the Game or server computer code, whether the Game code is located on a DVD, Blu-rayTM disc, your computer/console or on Square Enix's servers, except as expressly permitted by Square Enix or applicable law.
2.7 Modifying or Creating Derivative Software. You may not modify or cause to be modified any files that are a part of the Game or Service in any way not expressly authorized by Square Enix, and may not make any derivative works of the Game.
2.8 Commercial Spamming/Spimming. You may not use (or abuse) the in-game chat and message services to distribute advertisements.
2.9 Other Prohibited Activities. Any other activities that are determined Prohibited Activities (as referred to in the below section), which include but are not limited to, harassment, obstructive or offensive behavior, impersonation, etc.
3.1 Sharing Account Information. You may not share your account or login information (such as your Square Enix ID and password) with anyone except your legal guardian, your minor child, or Square Enix. You are responsible for maintaining the confidentiality of your account and login information, even from your friends and family. If you violate this provision, you may unexpectedly lose access to your account to a third party without recourse against Square Enix. Square Enix will not be obliged to credit your Square Enix Account with Crysta or other points or awards, which may have been used by a third party as a result of the violation of this clause.
3.2 Disruption. You may not in any way disrupt or interfere with the Game experience of other players, including the disruption of Square Enix's computers and servers.
3.3 Profanity and Offensive Language. You may not use profanity or any language that a reasonable person would find offensive. The Game is for players aged 13 and older. You agree to behave accordingly.
3.4 Impersonation. You may not impersonate any person or entity or fraudulently hold yourself out as a Square Enix employee, representative, or any other Square Enix-connected person or being affiliated with any such person or entity. This means you cannot log into someone else's account, or deceive or mislead other people as to your identity. For your own safety, we encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users.
3.5 Naming Right. You may not use any name or other intellectual property belonging to Square Enix or any other third party in your use of the Game (for example, naming a character after a celebrity, company, product, or superhero).
3.6 Any Illegal Activities. You may not conduct any illegal activities whatsoever in connection with the Game. This includes every illegal activity not specifically highlighted above, including without limitation gambling, defamation, harassment, and fraud.
3.7 False Account Information. You may not provide Square Enix with false information during the registration process. Any inaccurate or non-current account information may make it impossible for Square Enix to provide you with notice.
3.8 Chargebacks. You are authorizing all fees charged under this User Agreement until you properly deactivate your account. Therefore, you may not falsely notify your credit card or debit card provider that you did not authorize the automatic recurring charge. If you are using a parent's credit card, you must have their authorization for recurring billing.
3.9 Non-Commercial Spamming/Spimming. You may not use (or abuse) the in-game chat and message services to harass other players.
3.10 Fraudulently purchased goods. Square Enix reserves the right to take necessary action if it reasonably suspects fraudulent activity in association with a transaction. For example, a stolen credit card is being used, or a user attempts to use or redeem goods that were originally acquired using a stolen credit card (ex., where such user may have purchased stolen goods, such as a game time code, through unofficial channels).
4.1 FINAL FANTASY XIV Subscription Fees. In order to access SQUARE ENIX's servers to play the Game, you must agree to a recurring subscription ("Subscription") with a minimum subscription term of 30 days, and pay a recurring subscription fee ("FFXIV Subscription Fee"). Square Enix may offer different subscription plans in its sole discretion. You may also use game time cards instead of an automatically recurring Subscription. Further, Square Enix may offer you the chance to purchase additional features for your FFXIV Service Account, which we call "Add-ons" or "Options." Add-ons may be subject to either additional recurring fees or one-time fees. A "Recurring Fee" is a fee that will be charged on a recurring basis until you terminate your subscription. A "One-Time Fee" is a fee that is only charged once. All FFXIV Subscription Fee rates will be posted at https://sqex.to/ffxivnafees and any changes to Recurring Fee rates will be posted with 30 days' advance notice and notice will be provided to the Game community. Square Enix may change fee rates at any time in its sole discretion, and will use reasonable efforts to notify you at least 30 days in advance of any changes to any Recurring Fees. All FFXIV Subscription Fees are billed in advance. All FFXIV Subscription Fees are non-refundable, with the limited exception in Section 4.7 below. All customer transactions on the Square Enix Account Management System, Mog Station, and FINAL FANTASY XIV Online Store, including game subscriptions, are subject to any state or local sales tax, where applicable. Any purchases made are adjusted to include estimated sales tax based on the address registered on the account from which the purchase is made, and tax rates are subject to change according to tax law changes.
4.2 Thirty Days of Free Play Per Service Account Per Platform. For all new FFXIV Service Accounts, the first 30 days of gameplay ("Free Period") is included with your purchase of the Licensed Software in new, unopened (or uninstalled, for digital downloads) condition from an authorized vendor. After the Free Period has ended, you have no further rights to access Square Enix's servers unless you pay the subscription fee in accordance with the terms herein or Square Enix otherwise agrees to provide you with access to its servers. If you are accidently charged within the Free Period, please contact the Square Enix Support Center at https://sqex.to/ffxivnasupport for a refund upon confirmation. The 30 days of free gameplay will NOT be provided to any existing FFXIV Service Accounts that subsequently purchase the Licensed Software on the same platform. In other words, if you are creating a new FFXIV Service Account and purchase the PC version of the Licensed Software, you will receive the Free Period. If you subsequently purchase and install a second copy of the PC Version, then you will not receive another Free Period on your existing FFXIV Service Account, but you will receive the free 30 days if you create a new FFXIV Service Account. If you subsequently purchase a PlayStation version of the Licensed Software, then you will receive another Free Period on your existing FFXIV Service Account.
4.3 Recurring Subscription & Cancellation. When the Free Period ends, all players who choose to continue playing the Game must purchase a subscription to continue playing. IF YOU REGISTER A CREDIT OR DEBIT CARD TO YOUR FFXIV SERVICE ACCOUNT AND PURCHASE A RECURRING SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE CURRENT SUBSCRIPTION TERM FOR SUCCESSIVE PERIODS MATCHING THE BILLING CYCLE YOU SELECTED, AT THE THEN-CURRENT FFXIV SUBSCRIPTION FEE, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION. For example, if you select a Billing Cycle (defined below) of 90-days, your Subscription will automatically renew at the end of the 90-days for an additional 90-days and will continue renewing unless and until you cancel your Subscription. The recurring FFXIV Subscription Fee will be charged in full at the beginning of each billing cycle ("Billing Cycle"). You acknowledge that payment for your FFXIV Subscription Fee will be automatically processed (e.g., charged to your credit or debit card) until you cancel your Subscription. Billing Cycles are discussed in Section 4.4 below. Square Enix may provide prior notice of an impending charge during the login process or via email to your registered email account. Subject to the limited exception for initial charges for certain new fees explained in Section 4.3(a), all Recurring Fees will be combined in a single FFXIV Subscription Fee billed on the same date, regardless of when in the Billing Cycle any modifications were made to the FFXIV Service Account (such as adding a new Recurring Fee).
If you select a longer Billing Cycle, the FFXIV Subscription Fee charged at the beginning of each Billing Cycle will include the entire covered term (meaning, if you choose a 90-day Billing Cycle, you will pay for all 90 days at once). All charges will be automatically charged to your preselected payment method, and once you have been charged for a given Billing Cycle, that charge is non-refundable, subject to the limited exception in Section 4.7 below. You agree to pay the appropriate amount each Billing Cycle until you cancel your recurring Subscription under your FFXIV Service Account by following the procedures explained at https://sqex.to/ffxivnacancellation(“Cancellation Steps”). You may cancel your Subscription at any time by following the Cancellation Steps, in which case your Subscription will terminate at the end of the Subscription term for which you have already paid, and you will not receive a refund for any unused days of such Subscription term. If you cancelled your Subscription before the beginning of the next Billing Cycle, yet were billed for the next Billing Cycle, please contact the Square Enix Support Center at https://sqex.to/ffxivnasupport for a refund upon confirmation.
(a) | Pro Rata Billing for Recurring Fees During Billing Cycle. If you add a new Recurring Fee in the middle of a Billing Cycle, the current Billing Cycle's charge for that additional Recurring Fee will be adjusted on a pro rata basis and charged immediately, subject to our minimum transaction fee. For example, if you add an Add-on that is subject to a Recurring Fee on the 15th day of a 90-day Billing Cycle, you will be billed for the remaining 76 days in your 90-day Billing Cycle. Please note that the minimum transaction fee allowed by our billing system for credit card/debit card users at any time is currently USD$1.00 per transaction (and subject to change upon notice to you), even if the prorated charge for the Add-on would otherwise be less than USD$1.00. For example, if the prorated initial Recurring Fee is only USD$0.57 for, you will be charged USD$1.00. |
(b) | One-time Fees Billed Immediately. Any One-Time Fees that you incur will be immediately charged to your preselected payment method, and are non-refundable except as set forth in Section 4.7. |
4.4 Billing Cycles. A single Billing Cycle will apply to all Recurring Fees. When you first register to play the Game or first commit to a Subscription, you will be given an opportunity to increase the default 30-day Billing Cycle to 90 days or 180 days. If you choose to increase the length of your Billing Cycle, you will be rewarded with a reduced FFXIV Subscription Fee. Please note that you are only receiving a discounted monthly FFXIV Subscription Fee because you are agreeing to prepay for a longer period, and no refunds will be given if you choose to stop playing the Game before the prepaid period ends. You should not change the default 30-day Billing Cycle unless you are prepared to prepay for the longer Billing Cycle.
4.5 Changes to Billing Cycles. You may increase or decrease the length of subsequent Billing Cycles at any time. However, the change will not take place until the end of the current Billing Cycle. For example, if you agree to a 90-day Billing Cycle and decide 15 days later to reduce it to a 30-day Billing Cycle, the change will not occur until the 90-day Billing Cycle has ended, at which time, you will be switched to a 30-day Billing Cycle.
4.6 Failed Transactions. If Square Enix's attempt to charge/debit your preselected payment method fails, you may lose access to the Game when your Subscription expires until you resolve the issue. If you have lost access, your next Billing Cycle will begin on the date you successfully pay. Square Enix does not charge late fees or interest for access to the Game.
4.7 Refunds in Exceptional Circumstances Only. The entirety of your FFXIV Subscription Fee is applied by Square Enix to the FFXIV Service Account on the day that it is charged. All charges related to the Game are non-refundable unless third-party criminal activity is involved, as determined by Square Enix. Therefore, if you deactivate your FFXIV Service Account in the middle of a 90-day Billing Cycle, you will not receive a refund for the remainder of the Billing Cycle, but may continue to play the Game until the Billing Cycle ends.
Notwithstanding the foregoing, if Square Enix materially revises the License Agreement or this User Agreement and you reject either when they are first presented to you for acceptance, you will be required to deactivate your FFXIV Service Account and will immediately lose access to the Game. In such circumstances, upon request, and if the revision was material, Square Enix may refund you a pro rata portion of the most recently-billed FFXIV Subscription Fee. In order to combat fraud, Square Enix will only issue these extraordinary refunds to the payment method(s) used for the relevant transaction(s).
4.8 Deactivation of Subscription. You may deactivate your FFXIV Service Account and/or any individual Recurring Fees at any time. Other than the exception explained in Section 4.3(a), no further billing related to the deactivated FFXIV Service Account will occur until you reactivate by following the procedures explained at https://sqex.to/ffxivnasupport. If you believe that you have been accidently charged by Square Enix after you deactivated, please contact the Square Enix Support Center at https://sqex.to/ffxivnasupport for a refund upon confirmation.
4.9 Reactivation of FFXIV Service Account. You may reactivate your FFXIV Service Account at any time, so long as the Game is still made available by Square Enix and account-related data has not been deleted or corrupted. If you reactivate your FFXIV Service Account prior to the end of the current Billing Cycle (meaning, while you still have access), you will retain your original Billing Cycle and will not have to pay another FFXIV Subscription Fee for that period. Otherwise, your new Billing Cycle will commence on or about the first day you reactivate your FFXIV Service Account (subject to adjustment by Square Enix).
4.10 About FINAL FANTASY XIV Service Accounts. You may have a limited number of FFXIV Service Accounts attached to a single Square Enix Account.
10.1 Agreement to Arbitrate. Certain portions of this Section 10 are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Square Enix agree that we both intend this Section 10 to satisfy the "writing" requirement of the Federal Arbitration Act.
10.2 First: Try to Resolve Disputes. Except for Excluded Disputes (as defined below in Section 10.5), if any controversy, allegation, or claim arises out of or relates to the Game, the Licensed Software, this FFXIV User Agreement, or any additional terms, whether heretofore or hereafter arising (collectively, "Dispute"), or to any of Square Enix's actual or alleged intellectual property rights, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such information exists or if such information is not current, or if for any reason you do not respond to us within four (4) weeks of the date we sent the notice, then we have no further obligation under this Section 10.2. Your notice to us must be sent to: Square Enix, Inc., Attn: Legal Dept., 999 N. Pacific Coast Highway, 3rd Floor, El Segundo, CA 90245. For a period of sixty (60) days from the date of receipt of notice from the other party, Square Enix and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Square Enix to resolve the Dispute on terms with respect to which you and Square Enix, in each of our sole discretion, are not comfortable.
10.3 Second: Forums for Alternative Dispute Resolution.
(a) | Arbitration. If we cannot resolve a Dispute as set forth in Section 10.2 within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration on an individual basis in accordance with this Section 10.3. Upon expiration of the applicable sixty-day (60) period and to the fullest extent permitted by applicable law, all Disputes will be resolved solely by binding arbitration on an individual basis in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"). 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 USD or more. If the Dispute has a claimed value of not more than $250,000 USD, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA's Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000 USD, or if Square Enix elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this FFXIV User Agreement is not enforceable. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of this FFXIV User Agreement and any applicable additional terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. You can obtain AAA procedures, rules, and fee information as follows:
AAA: 800.778.7879 http://www.adr.org/ |
(b) | Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as with a court, the arbitrator must honor the terms of FFXIV User Agreement (and any applicable additional terms) and can award the prevailing party damages and other relief (including attorneys' fees). However, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. Any arbitration proceeding shall be held at a venue in Los Angeles, CA. Square Enix agrees that you may appear at any arbitration proceeding by telephone, unless the amount in controversy is $10,000 USD or more, in which case the arbitrator may require you to travel to Los Angeles at your own expense. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Square Enix to pay a greater portion or all of such fees and costs in order for this Section 10 to be enforceable, then Square Enix will have the right to elect to pay the fees and costs and proceed to arbitration. If you prevail in your claim against Square Enix, then Square Enix agrees to reimburse you for all arbitration fees and your reasonable, documented travel expenses (if any) incurred to attend arbitration hearings where your physical presence is required by the arbitrator. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator's decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act. |
10.4 Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST SQUARE ENIX, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 10.2) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, OR ELSE IT SHALL BE FOREVER BARRED.
10.5 Injunctive Relief. The foregoing provisions of this Section 10 will not apply to any legal action taken by Square Enix to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Game, the Licensed Software, this FFXIV User Agreement, any additional terms, and/or Square Enix's intellectual property rights (including such rights Square Enix may claim that may be in dispute), Square Enix's operations, and/or Square Enix's products or services (collectively, "Excluded Dispute").
10.6 Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 10.8.
10.7 No Class Action Matters. THE ARBITRATION OF DISPUTES UNDER THIS USER AGREEMENT WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceeding that involves any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section 10.3 holds that this restriction is unconscionable or unenforceable, then our agreement in Section 10.3 to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 10.8.
10.8 Federal and State Courts in Los Angeles. All Disputes shall be governed by and construed under the laws of the State of California, without regard to its conflict of laws principles. Except to the extent that arbitration is required in Section 10.3, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Los Angeles County, California. Accordingly, you and Square Enix consent to the exclusive personal jurisdiction and venue of such courts for such matters.
10.9 Limited Liability/Remedy. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX AND/OR ITS AFFILIATES SHALL NOT BE LIABLE TO YOU WHATSOEVER, 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 THIS USER AGREEMENT OR THE AGREEMENTS, YOUR USE OF THE GAME OR OTHER MATERIALS PROVIDED TO YOU BY SQUARE ENIX, REGARDLESS OF THE LEGAL THEORY. UNDER NO CIRCUMSTANCES WILL SQUARE ENIX BE LIABLE TO YOU FOR MORE THAN A REPLACEMENT COPY OF THE GAME, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY, UNLESS APPLICABLE LAW DOES NOT PERMIT SUCH A LIMITATION, IN WHICH CASE SQUARE ENIX’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10.10 Injunctive Relief. In no event will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with Square Enix or with the distribution, operation, development, or performance of the Game or any related products or services.
11.1 Indemnification. 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) incurred due to your usage of the Game, your engagement in Prohibited Activities, and/or arising out of or related to content you submit, post, link to, transmit, or make available through the Game, your violation of this User Agreement and/or the Agreements, or your violation of any rights of another User.
11.2 Limited Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SQUARE ENIX IS MAKING THE GAME AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE GAME. SQUARE ENIX DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. Notwithstanding the foregoing, Square Enix warrants to the original purchaser of the Licensed Software that the physical media containing the Licensed Software (which includes any replacement physical media provided under this Limited Warranty) will be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase (the “Warranty Period”). Square Enix’s entire liability and your exclusive remedy under this limited warranty shall be, at Square Enix’s option, repair or replacement, without charge, of the whole or affected portion of any Licensed Software that proves to be defective in material or workmanship during this Warranty Period.
11.3 User Disputes. You shall be solely responsible for resolving any and all disputes that may arise between you and other Users in connection with the Game, and for paying any and all expenses incurred by you in connection with resolving such dispute. Square Enix shall not be responsible for mediating or resolving any such disputes and shall have no liability to you or to any third party for any costs, fees, expenses, damages or other losses incurred in connection with or as a result of any such disputes.
11.4 Severability. If any sentence or any provision of this User Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this User Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
11.5 No Waiver. No waiver by Square Enix of any term, provision or condition of this User Agreement shall be deemed to be or construed as a waiver of any other term, provision or condition of this User Agreement. No Square Enix customer service representative or any other personnel of Square Enix who interacts with you is legally empowered to bind Square Enix to any amendment or waiver of the terms of this User Agreement.
11.6 Assignment. Square Enix shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this User Agreement in whole or in part to a third party at any time without notice to Users. Each User's rights are personal to such User and may not be assigned.
11.7 Governing Law and Venue. This User Agreement will be governed by the laws of the State of California, United States, without regard to its conflict of laws principles. Except to the extent that arbitration is required in Section 10.3, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute is subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, United States.
11.8 Entire Agreement. This User Agreement, together with the License Agreement, the Square Enix Account Terms of Use, the Privacy Notice, and any other terms of use relevant to your use of the Game, such as the user manual, constitutes the entire understanding and agreement between the parties with respect to your use of the Game and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. This User Agreement shall form a part of your License Agreement and is expressly incorporated into that agreement by this reference. In the event of any conflict between this User Agreement and the License Agreement, the terms of this User Agreement shall prevail; provided, however, that for all matters that are not covered in this User Agreement, the terms of the License Agreement, the Square Enix Account Terms of Use, or the Privacy Notice (as applicable) shall continue to apply.
11.9 Changes to this User Agreement. Square Enix may update this User Agreement or any of the Agreements at any time. Your continued use of the Services following any updates to the Agreements means that you accept and agree to the updates.
Square Enix further reserves the right to change the way the Game operates at any time with or without notice. For notices, Square Enix will provide notifications through any of the following methods in its sole discretion: through a patch, email, postal mail, website posting, pop-up screen or in-game notice.
If you do not agree to the updates to the Agreements, or any changes to the Services, you may terminate this User Agreement by uninstalling the Licensed Software and destroying your copy(ies).
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