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FINAL FANTASY® XIV
User Agreement (North America)
Last Updated: 12/24/2019
To review the User Agreement for European customers, please visit: https://sqex.to/oIw
Welcome to FINAL FANTASY® XIV (the "Game" or the "Service"). In order to play the Game, you ("You" or "User") must first agree to this FINAL FANTASY XIV User Agreement ("User Agreement") between you and Square Enix, Inc. ("Square Enix"). PLEASE READ THIS USER AGREEMENT CAREFULLY. If you agree by checking the box next to the statement "I accept the User Agreement" or "I accept the terms of the above agreement(s)" you declare that you have read this User Agreement, you understand the terms of this User Agreement, and you agree to be bound by this User Agreement on behalf of yourself and, if you are under the age of 18, on your behalf by your parent or legal guardian. Once you agree, you will be contractually bound to the terms below, which shall govern all aspects of your use of the Game. No one under the age of 13 may play the Game.
If you reject this User Agreement, then you will not be authorized to play the Game. In that case, you may either return the Game to the place of purchase subject to that retailer's guidelines, or you may contact Square Enix to request a full discretionary refund (which will not include shipping and handling) if all of the following conditions are met:
(1) You are unable to obtain a refund or exchange from the place of purchase; and
(2) You request the refund within thirty (30) days of purchase; and
(3) You have not already accepted this User Agreement; and
(4) You have not already entered the Registration Code accompanying your copy of the Game; and
(5) You purchased your copy of the Licensed Software in, and are currently located in, the United States or Canada.
Your special attention is directed to Section 4, which concerns the auto-renewing subscription process.
1. YOUR LIMITED LICENSE TO THE GAME AND SERVICE AND LACK OF OWNERSHIP RIGHTS
The Game includes software that is installed on your computer, as periodically updated by Square Enix ("Licensed Software"), as well as data that Square Enix maintains on its servers. Subject to your continued compliance with the conditions set forth in this User Agreement, Square Enix grants you a limited license to use the Game. In order to play the Game, in addition to this User Agreement, you must also agree to the FINAL FANTASY XIV Software License Agreement ("License Agreement"), which grants you a license to use the Licensed Software required to play the Game, the Square Enix Privacy Policy available at https://sqex.to/privacy_policy ("Privacy Policy"), and the Square Enix Account Terms of Use. The License Agreement, Privacy Policy and Square Enix Account Terms of Use are incorporated by reference into this User Agreement (collectively, the "Agreements"). The terms of this User Agreement supersede any conflicting terms in the FINAL FANTASY XIV User Manual.
All aspects of the Game (including but not limited to the Game computer code, updates, patches, expansion packs, characters, character names, character data, virtual items, character profile information, (non-personal) account information, chat transcripts, artwork, plot, dialogue, locations, sounds and music) are owned by Square Enix or its licensors. You do not have any property rights in the service account you use to play the Game ("FINAL FANTASY XIV Service Account" or "FFXIV Service Account").
YOU ACQUIRE NO OWNERSHIP OR PROPERTY RIGHTS IN ANY CHARACTER OR OTHER IN-GAME VIRTUAL GOOD, AND ARE ONLY LICENSED TO USE SUCH CHARACTERS AND ASSETS ASSOCIATED WITH YOUR FFXIV SERVICE ACCOUNT SUBJECT TO THE CONDITIONS SET FORTH IN THE AGREEMENTS. YOU AGREE THAT YOUR FFXIV SERVICE ACCOUNT AND ANY VIRTUAL GOODS AND CHARACTERS DO NOT HAVE ANY MONETARY VALUE. SQUARE ENIX MAY SUSPEND, TERMINATE, MODIFY, OR DELETE FFXIV SERVICE ACCOUNTS, CHARACTERS, VIRTUAL GOODS, OR THE SERVICE ALTOGETHER, AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE OR LIABILITY TO YOU.
2. LICENSE LIMITATIONS
The Game is a carefully controlled environment designed to provide the maximum level of enjoyment for all players. In order to preserve an enjoyable experience for all users, and to protect the intellectual property rights of Square Enix, the activities identified in this Section 2 ("License Limitations") are strictly prohibited and violate the conditions or limitations on your license to use the Game. Therefore, any use of the Game in violation of such restrictions exceeds the scope of the License granted to you and constitutes infringement of your license, and is grounds for immediate revocation of your license. Use of the Game in excess of these provisions, or use at all after your license is revoked (including loading the Game into your computer's RAM), infringes Square Enix's copyrights to the Game.
Violating these License Limitations may result in the suspension or permanent banning of your account, or such other lesser measures described in Section 3 which Square Enix may take in its sole discretion, or an action for copyright infringement or other legal claims, all of which are reserved. You agree that offering or providing banned services to other players of the Game constitutes improper interference with Square Enix's contracts with such players, and Square Enix reserves the right to take formal legal action against you if you do so, without warning.
Square Enix may update the list of License Limitations at https://sqex.to/ffxivnasupport at any time. The current License Limitations are as follows:
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 Power-Leveling. 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.
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.
3. PROHIBITED ACTIVITIES
In addition to the License Limitations, there are other activities that you are forbidden from doing in connection with the Game ("Prohibited Activities"). In its discretion, Square Enix may use a variety of methods to deal with violations of this User Agreement and the Prohibited Activities, including, but not limited to, any of the following:
In addition, Square Enix shall be entitled to terminate any FFXIV Service Account (immediately and without notice) of any User who (1) was previously suspended or terminated by Square Enix and who Square Enix believes (in its sole discretion) re-registered using different registration information in order to circumvent or bypass such suspension or termination, or (2) Square Enix believes (in its sole discretion, based upon any information available, including registration and account information) that such User is enabling or assisting another User to conduct any Prohibited Activities of any kind.
Square Enix may update the list of Prohibited Activities at https://sqex.to/ffxivnasupport at any time. The current Prohibited Activities are as follows:
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.
4. BILLING PROCEDURES AND RECURRING TRANSACTIONS
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. 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 fee that is only charged once. All 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.
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 you existing FFXIV Service Account.
4.3 Recurring Subscription. When the Free Period ends, all players who choose to continue playing the Game will automatically become subject to a recurring subscription. The recurring FFXIV Subscription Fee will be charged in full at the beginning of each billing cycle ("Billing Cycle"). 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 deactivate your FFXIV Service Account by following the procedures explained at https://sqex.to/ffxivnacancellation. If you deactivated 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 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 60 days or 90 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 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.
5. INTERRUPTION TO THE SERVICE
From time to time, in order to provide our customers with the optimal gaming experience, it is necessary for Square Enix to conduct routine maintenance on the computers and/or servers that support the Game. During these times, access to the Game or support services may be interrupted. Access may also be temporarily suspended in whole or in part, without notice, due to emergency repairs, fire, flood, explosion, war, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, or by any other causes beyond Square Enix's control, or any other reasons for which Square Enix, in its sole discretion, deems that temporary suspension is necessary. You acknowledge that disruptions of service may occur and waive any causes of action against Square Enix in any way arising from or related to any such disruptions of service.
6. INTERNET ACCESS AND EQUIPMENT
You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, or videogame consoles) and internet access necessary to play the Game, and for ensuring such equipment and services are compatible with all requirements of the Game.
7. PRIVACY AND USE OF INFORMATION
By playing the Game, you agree to Square Enix's Privacy Policy, which is incorporated into this User Agreement by reference. The Privacy Policy governs how Square Enix will use and share your information, except as modified herein. You agree that Square Enix may use the information you provide (such as IP address, e-mail address, or home address) in order to identify you and contact you to deliver notices, and may send you product-related marketing information. You acknowledge that Square Enix will be monitoring your use of the Game to help you play the Game, for our internal analysis to help us improve our games and services, to investigate disruptive activities or Prohibited Activities, and to confirm that you are abiding by the terms of this User Agreement and related agreements. In order to protect Square Enix's staff and customers, Square Enix may cooperate with federal, state and local law enforcement with or without the receipt of a formal subpoena or search warrant. You acknowledge and consent that Square Enix may provide your electronic communications and data, including e-mails and chat logs, to such government authorities, without any liability to you or any third party. You hereby provide your consent to such actions.
8. BUDDY PASSES
Certain packages of FINAL FANTASY XIV come with a special registration code ("Buddy Pass") that will allow a holder to invite a friend to try aspects of FINAL FANTASY XIV for a limited time. If you have a Buddy Pass, you may lend your Licensed Software to another person in the North American Region for this limited purpose. Section 2.1 of the License Agreement you previously entered into is hereby temporarily modified to allow for the limited and restricted use of the Licensed Software in connection with a Buddy Pass. The user of the Buddy Pass will have to agree to a series of agreements, including but not limited to, the License Agreement, the Square Enix Account Terms of Use and this User Agreement in order to install and use the Licensed Software. Access to the Game via a Buddy Pass may be terminated by Square Enix at any time, for any reason, with or without prior notice.
9. TERM AND TERMINATION
This User Agreement will begin when you first agree to it and will remain in effect until terminated. Square Enix may terminate this User Agreement at any time without notice. Square Enix reserves the right to discontinue publishing the Game in your country at any time, at which time the User Agreement will be terminated for all affected Users. As described in Section 3 (Enforcement for Violations) above, breach of this User Agreement may automatically terminate your license to use the Game. Upon any termination of this User Agreement, the License Agreement or the Square Enix Account Terms of Use, you must uninstall, delete and/or destroy all copies of the Game (including all of its component parts) in your possession. The following sections shall survive any termination of this User Agreement: 1 (excluding the terminated license grant), 2, 3, 4, 7, 9, 10 and 11.
10. DISPUTES
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. Sepulveda Blvd. 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 period and to the fullest extent permitted by applicable law, a Dispute 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 or more. If the Dispute has a claimed value of not more than $250,000, 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, 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, will apply applicable law and the provisions of this FFXIV User Agreement and any 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 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 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 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. 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. 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 HAVE NO LIABILITY 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 AGREEMENT, 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.
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. GENERAL TERMS
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 attorney's 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, or your violation of any rights of another User.
11.2 Disclaimer of Warranties. ASIDE FROM THE EXPRESS WARRANTY PROVIDED WITH THE SOFTWARE, 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.
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 Entire Agreement. This User Agreement, together with the License Agreement, the Square Enix Account Terms of Use, the Privacy Policy, 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 Policy (as applicable) shall continue to apply.
11.8 Changes to this User Agreement. Square Enix reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this User Agreement or the way that the Game operates at any time. Square Enix will notify you of such changes in one of the following ways at its sole discretion: through a patch, email, postal mail, website posting, pop-up screen or in-game notice. If you do not agree to any such change or modification, you may terminate this User Agreement by uninstalling the Licensed Software and destroying your copy(ies). Your continued use of the Game following any revision to this User Agreement will demonstrate your full acceptance of any and all such changes.
User Agreement (North America)
Last Updated: 12/24/2019
To review the User Agreement for European customers, please visit: https://sqex.to/oIw
Welcome to FINAL FANTASY® XIV (the "Game" or the "Service"). In order to play the Game, you ("You" or "User") must first agree to this FINAL FANTASY XIV User Agreement ("User Agreement") between you and Square Enix, Inc. ("Square Enix"). PLEASE READ THIS USER AGREEMENT CAREFULLY. If you agree by checking the box next to the statement "I accept the User Agreement" or "I accept the terms of the above agreement(s)" you declare that you have read this User Agreement, you understand the terms of this User Agreement, and you agree to be bound by this User Agreement on behalf of yourself and, if you are under the age of 18, on your behalf by your parent or legal guardian. Once you agree, you will be contractually bound to the terms below, which shall govern all aspects of your use of the Game. No one under the age of 13 may play the Game.
If you reject this User Agreement, then you will not be authorized to play the Game. In that case, you may either return the Game to the place of purchase subject to that retailer's guidelines, or you may contact Square Enix to request a full discretionary refund (which will not include shipping and handling) if all of the following conditions are met:
(1) You are unable to obtain a refund or exchange from the place of purchase; and
(2) You request the refund within thirty (30) days of purchase; and
(3) You have not already accepted this User Agreement; and
(4) You have not already entered the Registration Code accompanying your copy of the Game; and
(5) You purchased your copy of the Licensed Software in, and are currently located in, the United States or Canada.
Your special attention is directed to Section 4, which concerns the auto-renewing subscription process.
1. YOUR LIMITED LICENSE TO THE GAME AND SERVICE AND LACK OF OWNERSHIP RIGHTS
The Game includes software that is installed on your computer, as periodically updated by Square Enix ("Licensed Software"), as well as data that Square Enix maintains on its servers. Subject to your continued compliance with the conditions set forth in this User Agreement, Square Enix grants you a limited license to use the Game. In order to play the Game, in addition to this User Agreement, you must also agree to the FINAL FANTASY XIV Software License Agreement ("License Agreement"), which grants you a license to use the Licensed Software required to play the Game, the Square Enix Privacy Policy available at https://sqex.to/privacy_policy ("Privacy Policy"), and the Square Enix Account Terms of Use. The License Agreement, Privacy Policy and Square Enix Account Terms of Use are incorporated by reference into this User Agreement (collectively, the "Agreements"). The terms of this User Agreement supersede any conflicting terms in the FINAL FANTASY XIV User Manual.
All aspects of the Game (including but not limited to the Game computer code, updates, patches, expansion packs, characters, character names, character data, virtual items, character profile information, (non-personal) account information, chat transcripts, artwork, plot, dialogue, locations, sounds and music) are owned by Square Enix or its licensors. You do not have any property rights in the service account you use to play the Game ("FINAL FANTASY XIV Service Account" or "FFXIV Service Account").
YOU ACQUIRE NO OWNERSHIP OR PROPERTY RIGHTS IN ANY CHARACTER OR OTHER IN-GAME VIRTUAL GOOD, AND ARE ONLY LICENSED TO USE SUCH CHARACTERS AND ASSETS ASSOCIATED WITH YOUR FFXIV SERVICE ACCOUNT SUBJECT TO THE CONDITIONS SET FORTH IN THE AGREEMENTS. YOU AGREE THAT YOUR FFXIV SERVICE ACCOUNT AND ANY VIRTUAL GOODS AND CHARACTERS DO NOT HAVE ANY MONETARY VALUE. SQUARE ENIX MAY SUSPEND, TERMINATE, MODIFY, OR DELETE FFXIV SERVICE ACCOUNTS, CHARACTERS, VIRTUAL GOODS, OR THE SERVICE ALTOGETHER, AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE OR LIABILITY TO YOU.
2. LICENSE LIMITATIONS
The Game is a carefully controlled environment designed to provide the maximum level of enjoyment for all players. In order to preserve an enjoyable experience for all users, and to protect the intellectual property rights of Square Enix, the activities identified in this Section 2 ("License Limitations") are strictly prohibited and violate the conditions or limitations on your license to use the Game. Therefore, any use of the Game in violation of such restrictions exceeds the scope of the License granted to you and constitutes infringement of your license, and is grounds for immediate revocation of your license. Use of the Game in excess of these provisions, or use at all after your license is revoked (including loading the Game into your computer's RAM), infringes Square Enix's copyrights to the Game.
Violating these License Limitations may result in the suspension or permanent banning of your account, or such other lesser measures described in Section 3 which Square Enix may take in its sole discretion, or an action for copyright infringement or other legal claims, all of which are reserved. You agree that offering or providing banned services to other players of the Game constitutes improper interference with Square Enix's contracts with such players, and Square Enix reserves the right to take formal legal action against you if you do so, without warning.
Square Enix may update the list of License Limitations at https://sqex.to/ffxivnasupport at any time. The current License Limitations are as follows:
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 Power-Leveling. 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.
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.
3. PROHIBITED ACTIVITIES
In addition to the License Limitations, there are other activities that you are forbidden from doing in connection with the Game ("Prohibited Activities"). In its discretion, Square Enix may use a variety of methods to deal with violations of this User Agreement and the Prohibited Activities, including, but not limited to, any of the following:
- Issuing a warning;
- Placing a character in a "virtual jail" for a specified period of time;
- Removing or deleting ill-gotten in-game items or currency;
- Temporarily suspending an account;
- Permanently terminating an account;
- Permanently banning your IP address, residential address, or credit card number;
- Asserting a lawsuit for breach of contract, copyright infringement, or other cause of action as may be applicable; and/or
- Seeking injunctive relief in any court or jurisdiction to prevent you from continuing such activity.
In addition, Square Enix shall be entitled to terminate any FFXIV Service Account (immediately and without notice) of any User who (1) was previously suspended or terminated by Square Enix and who Square Enix believes (in its sole discretion) re-registered using different registration information in order to circumvent or bypass such suspension or termination, or (2) Square Enix believes (in its sole discretion, based upon any information available, including registration and account information) that such User is enabling or assisting another User to conduct any Prohibited Activities of any kind.
Square Enix may update the list of Prohibited Activities at https://sqex.to/ffxivnasupport at any time. The current Prohibited Activities are as follows:
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.
4. BILLING PROCEDURES AND RECURRING TRANSACTIONS
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. 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 fee that is only charged once. All 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.
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 you existing FFXIV Service Account.
4.3 Recurring Subscription. When the Free Period ends, all players who choose to continue playing the Game will automatically become subject to a recurring subscription. The recurring FFXIV Subscription Fee will be charged in full at the beginning of each billing cycle ("Billing Cycle"). 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 deactivate your FFXIV Service Account by following the procedures explained at https://sqex.to/ffxivnacancellation. If you deactivated 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 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 60 days or 90 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 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.
5. INTERRUPTION TO THE SERVICE
From time to time, in order to provide our customers with the optimal gaming experience, it is necessary for Square Enix to conduct routine maintenance on the computers and/or servers that support the Game. During these times, access to the Game or support services may be interrupted. Access may also be temporarily suspended in whole or in part, without notice, due to emergency repairs, fire, flood, explosion, war, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, or by any other causes beyond Square Enix's control, or any other reasons for which Square Enix, in its sole discretion, deems that temporary suspension is necessary. You acknowledge that disruptions of service may occur and waive any causes of action against Square Enix in any way arising from or related to any such disruptions of service.
6. INTERNET ACCESS AND EQUIPMENT
You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, or videogame consoles) and internet access necessary to play the Game, and for ensuring such equipment and services are compatible with all requirements of the Game.
7. PRIVACY AND USE OF INFORMATION
By playing the Game, you agree to Square Enix's Privacy Policy, which is incorporated into this User Agreement by reference. The Privacy Policy governs how Square Enix will use and share your information, except as modified herein. You agree that Square Enix may use the information you provide (such as IP address, e-mail address, or home address) in order to identify you and contact you to deliver notices, and may send you product-related marketing information. You acknowledge that Square Enix will be monitoring your use of the Game to help you play the Game, for our internal analysis to help us improve our games and services, to investigate disruptive activities or Prohibited Activities, and to confirm that you are abiding by the terms of this User Agreement and related agreements. In order to protect Square Enix's staff and customers, Square Enix may cooperate with federal, state and local law enforcement with or without the receipt of a formal subpoena or search warrant. You acknowledge and consent that Square Enix may provide your electronic communications and data, including e-mails and chat logs, to such government authorities, without any liability to you or any third party. You hereby provide your consent to such actions.
8. BUDDY PASSES
Certain packages of FINAL FANTASY XIV come with a special registration code ("Buddy Pass") that will allow a holder to invite a friend to try aspects of FINAL FANTASY XIV for a limited time. If you have a Buddy Pass, you may lend your Licensed Software to another person in the North American Region for this limited purpose. Section 2.1 of the License Agreement you previously entered into is hereby temporarily modified to allow for the limited and restricted use of the Licensed Software in connection with a Buddy Pass. The user of the Buddy Pass will have to agree to a series of agreements, including but not limited to, the License Agreement, the Square Enix Account Terms of Use and this User Agreement in order to install and use the Licensed Software. Access to the Game via a Buddy Pass may be terminated by Square Enix at any time, for any reason, with or without prior notice.
9. TERM AND TERMINATION
This User Agreement will begin when you first agree to it and will remain in effect until terminated. Square Enix may terminate this User Agreement at any time without notice. Square Enix reserves the right to discontinue publishing the Game in your country at any time, at which time the User Agreement will be terminated for all affected Users. As described in Section 3 (Enforcement for Violations) above, breach of this User Agreement may automatically terminate your license to use the Game. Upon any termination of this User Agreement, the License Agreement or the Square Enix Account Terms of Use, you must uninstall, delete and/or destroy all copies of the Game (including all of its component parts) in your possession. The following sections shall survive any termination of this User Agreement: 1 (excluding the terminated license grant), 2, 3, 4, 7, 9, 10 and 11.
10. DISPUTES
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. Sepulveda Blvd. 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 period and to the fullest extent permitted by applicable law, a Dispute 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 or more. If the Dispute has a claimed value of not more than $250,000, 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, 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, will apply applicable law and the provisions of this FFXIV User Agreement and any 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 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 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 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. 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. 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 HAVE NO LIABILITY 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 AGREEMENT, 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.
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. GENERAL TERMS
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 attorney's 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, or your violation of any rights of another User.
11.2 Disclaimer of Warranties. ASIDE FROM THE EXPRESS WARRANTY PROVIDED WITH THE SOFTWARE, 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.
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 Entire Agreement. This User Agreement, together with the License Agreement, the Square Enix Account Terms of Use, the Privacy Policy, 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 Policy (as applicable) shall continue to apply.
11.8 Changes to this User Agreement. Square Enix reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this User Agreement or the way that the Game operates at any time. Square Enix will notify you of such changes in one of the following ways at its sole discretion: through a patch, email, postal mail, website posting, pop-up screen or in-game notice. If you do not agree to any such change or modification, you may terminate this User Agreement by uninstalling the Licensed Software and destroying your copy(ies). Your continued use of the Game following any revision to this User Agreement will demonstrate your full acceptance of any and all such changes.