SQUARE ENIX EUROPE - Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING OUR PRIVACY POLICY AND COOKIES POLICY.

YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 3.2 BELOW.

Thank you for visiting our Site. These terms and conditions ("Terms") apply whenever you visit or use any website and online services (collectively, the "Site") owned and operated from time to time by or for Square Enix Limited ("Square Enix", "we", "us" or "our").

By visiting the Site and/or using any online services, products, activities and/or features available on or accessible via the Site ("Services"), you indicate that you accept and agree to be bound by these Terms, our Privacy Policy and our Cookies Policy (along with all other documents, guidelines, rules and policies referred to in them). Together, these constitute the entire agreement between you and Square Enix in relation to your use of the Site (collectively, the "Site Terms"). If you do not agree to the Site Terms, please do not use the Site.

Contents:

1. USE OF THE SERVICES

1.1 Children

1.2 Service definitions

1.3 Use of the Services

1.4 Membership and Accounts

1.5 Proprietary rights

1.6 User conduct and acceptable use

1.7 Your personal information

2. ONLINE STORE TERMS OF SALE

2.1 Introduction

2.2 Supply definitions

2.3 Territorial availability

2.4 About you

2.5 Placing an order and formation of supply contract

2.6 Delivery and Product availability

2.7 Risk and title

2.8 Pricing and payment

2.9 Cancellation and refunds

2.10 Other refund requests

2.11 Import duties and export restrictions

2.12 Written communications

3. GENERAL

3.1 Square Enix Software

3.2 Limitation of liability

3.3 Indemnity

3.4 Third-party software, links and data

3.5 Advertising and sponsorship

3.6 Competitions, prize draw and promotions

3.7 Suspension and termination

3.8 Events beyond our control

3.9 Changes to these Terms

3.10 Miscellaneous

3.11 Contact us

1 USE OF THE SERVICES

1.1 Children

We ask parents and guardians of children under the age of 18 (minors) to pay special attention to the online activities of their children and to read the Site Terms carefully. In particular, parents and guardians should specifically make children under their care aware of the rules on User conduct and acceptable use under section 1.6 of these Terms and important reminders contained in the Site Terms.

We ask parents or guardians to supervise their children's use of the Site and Services. Neither the Site nor any Service is directed to children under the age of 13, and we will not knowingly collect personally identifiable information from anyone under 13. No information should be submitted or posted to or on the Site by anyone under the age of 13. In such circumstances, where such children are nevertheless permitted to participate in a Service, we may require written permission to be given by a parent or guardian in accordance with such procedures as may be stipulated by us from time to time on the Site as a condition to such children's ability to use any Service on the Site.

Where applicable, all our Games carry a voluntary or mandatory age-rating identified on the packaging or online information for the relevant Game. You should not allow players under the minimum age requirement specified in the applicable age-rating for the Game in your jurisdiction to play the Game.

1.2 Service definitions

In these Terms (in addition to the definitions given above):

"Account" means any account for which a User has registered in order to access the Account Service;

"Account Service" means, collectively, the Services that are only available to Registered Users;

"Content" means any and all content on the Site (including text, software, applications, video, films, music, sound, audio files, get-up, graphics, icons, designs, pictures, photographs, illustrations, artwork, names, brands, logos, trade marks, data, statistics, information, messages, articles, blogs, notes, communications, ideas, advertisements, listings, links, compilations and other material, as well as their selection and arrangement);

"Game" means any version of an interactive computer game developed or published by, for or under licence from Square Enix for replay on any console, device or system from time to time;

"Member" means any User who has agreed to the Site Terms, applied to use the Member Service and had their nickname confirmed, and "Membership" shall be understood accordingly;

"Member Service" means our member site located at http://eu.square-enix.com/

"Products" means any Games, soundtracks, merchandise and/or other products or services made available for purchase from time to time via the Site (whether in physical or electronic form);

"Registered User" means any user who has applied for a Square Enix Account at https://membership.square-enix.com/register, agreed to the Square Enix Account Terms of Use and received a Square Enix Account ID;

"Store" means the Square Enix Europe Online Store; and

"User" means any user of the Site.

In these Terms, any reference to "including" or "other" or any similar words is without limitation.

1.3 Use of the Services

The Site and its Services are provided and operated by or for Square Enix Limited, a company registered in England and Wales (company number 01804186 and VAT number GB 521500600), whose registered office is at Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU, United Kingdom. The company has an issued share capital of £115,004,000 . The company's telephone number is +44 (020) 8 6363000. The Site's director of publication is Simon Protheroe. Our web hosting provider is Square Enix Limited(address Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU, United Kingdom; telephone: +44 (020) 86363000; contact: Haitham Rowley).

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or modify any Service that we provide on the Site with or without notice. At our sole discretion we may notify you at your email address as supplied to us.

We do not guarantee that the Site or any Service will be available at any particular time or for any period of time.

From time to time, we may restrict access to certain Services to Users who have registered with us.

When using the Site, you must at all times comply with the Site Terms.

You are responsible for making all arrangements necessary for you to have access to the Site and for all connection and other charges incurred in visiting and accessing the Site and the Services. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Site Terms, and that they comply with them.

1.4 Membership and Accounts

1.4.1 Registration. To access and use certain Services via the Site, you will need to register as a Member or as a Registered User. For example, you will need to register as a Member to buy Products from the Store. More than one registration may be necessary to access different Services offered via the Site. An Account allows you to create and maintain a personal profile and to participate in certain activities on the Site. Additional terms and conditions may apply from time to time in relation to certain Services via the Site.

1.4.2 Registering as a Member. To register as a Member, you will need to follow the registration procedure set out here.

1.4.3 Creating an Account. To create an Account, you will be required to register as a Registered User and to accept the Square Enix Account Terms of Use. If you do not wish to accept those terms, you will not be able to create an Account.

1.4.4 Usernames. When registering as a Member or as a Registered User you must select a unique username (known as a "nickname" where registering as a Member) and password and provide certain other requested information. You agree that you will: (a) provide accurate, current and complete information about you whenever prompted or permitted by any Site registration process ("Personal Data"); and (b) maintain and promptly update your Personal Data and keep your Personal Data accurate, current and complete.

We recommend that you choose a username which does not identify your real name. Moreover, we strongly urge you not to choose a username which could possibly be used to identify you or your real name, age, date of birth, address, post code, email address or telephone number.

You must not use your password (or, if a Registered User, your Account ID) as your username.

You cannot use a username which is already allocated to another Member or Registered User, and it is a condition of your rights to use the Services that you do not choose a username which is obscene or otherwise offensive. We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable. However, while any registration process that we may adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. We therefore reserve the right to terminate your Membership or Account and to require you to re-register with a new acceptable username at a future date if, in our discretion, we consider that your username (or its use) is offensive or otherwise breaches the Site Terms in any way.

For the sake of clarity, your username does not constitute your property and gives you no unique right to use such username. If for any reason your Membership or Account is terminated, we may issue the same username to a subsequent registered User.

1.4.5 Security. You agree to maintain the security of your username, password and other Personal Data, and not to allow anyone else to use your username or password and not to disclose any of your Personal Data to anyone else. This is as much for your own protection as for our and other Users' protection. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL USE OF, AND ALL ACTIVITY CARRIED OUT UNDER, YOUR USERNAME AND PASSWORD ON ANY SERVICE (WHETHER BY YOURSELF OR BY A THIRD PARTY WHO HAS BECOME AWARE OF YOUR USERNAME AND PASSWORD THROUGH YOUR DELIBERATE ACT OR NEGLIGENCE).

Any misuse of your registration details should be reported to Square Enix at http://support.eu.square-enix.com/?la=2 as soon as you become aware of such misuse.

1.4.6 Registration limitations. Registration does not mean that you can use your Membership or Account for all Services that we may offer via the Site. Separate registration may be required in order to access or use certain Services, each of which may be subject to: (a) eligibility criteria that you may not meet; and (b) acceptance of additional terms, conditions and restrictions, which may or may not be the same as the terms governing your Membership or Account. In particular, access to certain Services may be subject to: (i) a subscription charge or other payment; or (ii) age or other restrictions applicable to the Content as stipulated by us.

1.4.7 Profiles and communications made on the Site. You accept that your personal profile and communications with other Users via any message boards, blogs, forums, chats and any other avenues of communication on the Site are public communications, and that you have no expectation of privacy concerning any such profile and communications or your use of the Member Service, the Account Service or any other Service. You acknowledge that personal information that you choose to communicate publicly via the Site may be seen and used by others and result in unsolicited communications, and so we strongly encourage you not to disclose any personal information about yourself in your public communications via any Service.

Square Enix is not responsible for information that you choose to communicate to other Users via the Site or any Service, nor are we responsible for the actions of other Users (unless we become responsible for such actions under law). There are, however, some common-sense rules that you should always abide by when using the Services and communicating with others via the Services or when you are on the internet in general. Other Users may not be who they say they are, or who you think they are. Under no circumstances should you post or give out your real name or any other personal details that could identify who you are or where you live. Always be wary of giving out details about what you do, where you go, your place of work/education or your physical attributes.

ABOVE ALL, WE STRONGLY ADVISE YOU AGAINST MEETING ANYONE THAT YOU KNOW ONLY FROM USING A SERVICE.

NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.

You acknowledge that you acquire no right, title or interest in any characters, data, property or other matter which you may acquire, create or develop while using any Service (including any usernames, nicknames, avatars or any in-game chat logs).

1.4.8 Termination of your Membership or Account. You or we may terminate your Membership or Account at any time and for any reason, and we may at our discretion terminate your Membership or Account without any further formality if we have reason to believe that you have failed to comply with any of the Site Terms. To terminate your Membership or Account, please contact our support service at http://support.eu.square-enix.com/?la=2. We shall terminate it as soon as reasonably practical after receiving your termination request. If we terminate your Membership or Account for any breach of the Site Terms on your part, you will not be permitted to re-register as a Member or Registered User without our express permission.

1.5 Proprietary rights

1.5.1 Content. With the sole exception of User Content (as defined below), all copyright, trade marks (registered or unregistered, and including Game titles and other Product names and all associated logos and other device marks associated with such titles and names), database rights and other intellectual property rights in and to the Site and the Content are exclusively owned by Square Enix, its affiliates or its licensors. All rights are reserved.

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means (in whole or in part) without Square Enix's prior written permission. Square Enix grants you a limited licence to access and use the Site and to download or print any page of the Site to which you have properly gained lawful access solely for your personal, non-commercial reference, as long as you keep all copyright or other proprietary notices intact. All rights to use, reproduce, copy and extract any Content not expressly specified in the Site Terms are reserved by Square Enix absolutely.

Any use of the Site or the Content (other than as specifically authorised in the Site Terms or separately permitted in writing by Square Enix) is strictly prohibited. Unauthorised use may also violate applicable laws (such as copyright and trade-mark laws) and applicable communications statutes and regulations.

Any licence granted to you under the Site Terms is revocable at any time (and with or without reason), except to the extent that such licence is required by you to use any Product purchased by you via the Site. All moral rights of the respective authors of any Content are hereby asserted.

1.5.2 User Content. In these Terms "User Content" means any and all Content (including your avatar, image and likeness) that you (or any other User(s) on your behalf) post, upload, publish, display, transmit, share, store or otherwise make available (collectively, "post") on or via the Site or in connection with the use of any Service, or transmit to or share with other Users.

You are solely responsible and liable for the content, accuracy, completeness and legality of User Content. In particular, you must ensure that you have the legal right under all applicable laws to post any User Content on or through the Member Service or the Site or in connection with the use of any Service, or transmit to or share such User Content with other Users. This means you must either be the sole owner of all the intellectual property and other rights in such User Content or have the prior written agreement of any third-party owner of such rights to make use of the User Content in question for the purposes set out in these Terms. You warrant and undertake to us that: (a) you have the absolute unfettered right and title to post any User Content and to grant to us the rights and licences in respect of such User Content specified in the Site Terms; and (b) all User Content shall be lawful and shall comply with our standards (such as acceptable use policies) contained in the Site Terms or otherwise specified on the Site.

We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.

You grant us the worldwide, payment-free and transferable right and licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate, disclose, communicate, broadcast, distribute and format in any manner we choose all or any part of any User Content via the Site and within the scope of the Services. This grant of rights is for the full legal term of protection of such rights. To the fullest extent permitted by law, you further irrevocably waive, and agree not to assert against Square Enix or our sub-licensees, any so-called "moral rights" that you may have in any User Content.

Where permitted by you or required by a court or other competent authority or otherwise permitted by law, we shall be entitled to disclose your identity to any third party claiming that any User Content constitutes a violation of such third party's intellectual property rights, goodwill, reputation and/or right to privacy.

1.6 User conduct and acceptable use

1.6.1 User warranties. You warrant and undertake that no User Content does or will violate or infringe any third-party rights (including copyright, trade marks, rights of privacy or publicity or any other proprietary or personal rights) or contain defamatory or otherwise unlawful material. You accept that you are personally responsible for your use of the Site and for all of your communication and activity on the Site (including any User Content).

1.6.2 Interactive Services. In addition, you understand that we may from time to time provide interactive services to Users of the Site ("Interactive Services"), which may include:

  • chat rooms;
  • bulletin boards;
  • inter-User messaging functionality;
  • message walls;
  • on-line games;
  • inter-User game challenges; and/or
  • avatar customisation.

You accept that we are entitled (but may not be obliged) to review the Site and, without prior notice to you, to delete or remove from the Site any User Content in our reasonable discretion, including User Content that, in our reasonable judgement, violates the Site Terms, or might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.

1.6.3 Moderation. While we reserve the right to moderate the use of any Service, we may not be under any obligation to oversee, monitor or moderate any Interactive Service that we provide on the Site, nor to pre-screen or approve any Content that may be posted by Users to the Site or on any Interactive Service.

1.6.4 Complaints. WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. You may, however, make complaints by contacting our support service at http://support.eu.square-enix.com/?la=2 or by written notice to: Customer Services, Square Enix Europe, 1 Hartfield Road, Wimbledon Bridge House, London SW19 3RU, United Kingdom. Our support staff can deal with requests received in English, French, German, Italian or Spanish.

1.6.5 Minors. You are not allowed to post the image and/or likeness of any child under the age of 13. The use of any of our Interactive Services by minors is subject to the consent of their parents or guardians. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation (where provided) is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them. Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

1.6.6 Prohibited use. You must not:

  • harvest or collect email addresses or other contact information of other Users from the Site or any Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Site or any Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or any Service;
  • use automated scripts to collect information from, or otherwise to interact with, the Site or any Service;
  • post any Content that we reasonably consider to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • post any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
  • post publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, social security numbers and payment method details;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • post User Content that would constitute, encourage or provide instructions for any criminal offence, violate the rights of any person, or otherwise create liability or violate any applicable law relating to offensive or harmful content; and/or
  • post User Content that, in our reasonable judgement, is objectionable or restricts or inhibits any other person from using or enjoying the Site or any Service, or may expose us or Users to any harm or liability of any type.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable legislation. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

1.6.7 Content standards. The following standards apply to any and all material that you contribute to the Site and to any Interactive Services associated with it (collectively, and including any part(s) of the same, "Contributions"). You must comply with the spirit of the following standards, as well as the letter. Contributions must:

  • be accurate (where stating facts);
  • be genuinely held (where stating opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.
  • Contributions must not:
  • contain any material that is defamatory of any person;
  • contain any material that is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or other unlawful discrimination;
  • infringe any copyright, database right, design right, trade mark or similar intellectual property right of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us (if this is not the case); and/or
  • advocate, promote or assist any unlawful act (such as, by way of example only, copyright infringement or computer misuse).

If you encounter another User on the Site who is violating any of the Site Terms, please report the User to our support service at http://support.eu.square-enix.com/?la=2.

We shall determine, in our reasonable discretion, whether there has been a breach by you of this section 1.6. Failure to comply with this section 1.6 constitutes a material breach of the Site Terms, and you agree that such failure may result in our taking any or all of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the Site and any Services;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs and expenses on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

1.7 Your personal information

We shall process information about you in accordance with our Privacy Policy and Cookies Policy. By using the Site and Services and (where applicable) by registering as a User, you consent to such processing and you warrant the accuracy of all data provided by you.

By placing any order via the Store, you agree that we may store, process and use personal data collected from you for the purposes of processing your order. We may share this information with group companies for this purpose. We may also work with third parties that help us provide the Products to you. These third parties may include payment-method collection and payment companies and delivery companies. We do not communicate or store any payment method data, nor do we have access to any such information. For further information on how we may store, process and use your personal data, please refer to our Privacy Policy and Cookies Policy. If you wish to have access to the information that we hold concerning you, to make any changes to that information or to change your privacy preferences, please email us at privacy@square-enix.com with your request.

2 ONLINE STORE TERMS OF SALE

2.1 Introduction

The terms and conditions on which we shall supply you with any Products from the Store are set out in this section 2 (together with all other provisions of these Terms relevant to such supply and any other provisions referred to in this section 2).

Please read this section 2 carefully before you order any Products from the Store. When registering as a Member, you will be required to confirm your acceptance these Terms, which govern the supply, sale and purchase of any Products. No other terms and conditions will apply, except any mandatory provisions of applicable law. We recommend that you print a copy of these Terms for your reference.

If you refuse to accept these Terms, you will not be able to order any Products from the Store.

2.2 Supply definitions

In this section 2 (and where used elsewhere in these Terms):

"Boxed Product" means (if offered at all via the Store at our sole discretion) a copy of a computer software program contained on a physical medium (such as a CD, DVD or cartridge) packaged for physical delivery to the consumer;

"Download Product" means a computer software program to be delivered to the consumer by way of electronic software download from the Store (and not to be delivered on any physical medium);

"Merchandise Item" means an item of merchandise (such as a Game-related figurine) packaged for physical delivery to the consumer;

"Physical Products" means Boxed Products, Merchandise Items and Soundtracks;

"Soundtrack" means a Game soundtrack contained on a CD packaged for physical delivery to the consumer;

"Store Service" means a service ordered by you via the Store and agreed to be supplied by us to you under a Supply Contract (and, unless the context otherwise requires, the term "Products" includes any such Store Service and references to "delivery" include such a supply); and

"Supply Contract" means any contract between you and us for the supply of Product(s).

2.3 Territorial availability

The Store is intended for use by consumers resident in the United Kingdom, France, Germany, Austria, Switzerland, Italy, Spain, Portugal, Denmark, Norway, Sweden, Finland, Australia and New Zealand ("Serviced Countries"). The Products displayed on the Store are not available for purchase by individuals outside of the Serviced Countries. No order for the delivery of a Product will be accepted from anyone not resident in a Serviced Country. Your payment-method billing address must be in a Serviced Country, and Products will only be delivered to that payment-method billing address.

For certain Products, we may choose only to accept orders from customers resident in (and whose payment-method billing address is in) a specified country, in which case the territorial restriction will be indicated on the relevant Product page on the Store.

2.4 About you

By placing an order for any Product through the Store, you warrant that you are:

(a) legally able and free to enter into binding contracts;

(b) at least 18 years old; and

(c) a resident of a Serviced Country and accessing the Store from that country.

2.5 Placing an order and formation of Supply Contract

We reserve the right, in our sole discretion, to limit order quantity and to refuse or cancel orders above the limit we set for any Product. We will not accept orders placed in any way other than the procedure described below.

To place an order for a Product through the Store, you must first register as a Member and obtain a username and password. See section 1.4 above for further information on how to register as a Member.

Details of Products contained in promotional materials, advertising or elsewhere on the Site or other websites do not constitute offers by us to supply such Products. Before confirming your order, you will be able to verify it and to correct mistakes, if any.

Your order constitutes an offer to us to buy a Product, and we may or may not accept your order in our discretion, unless otherwise required under applicable law. Where we accept your order, we shall notify you of our acceptance by emailing you an acknowledgement of receipt and confirmation of your order ("Order Confirmation"). The Order Confirmation will be sent to you by email to your Member email address. Unless otherwise required under applicable law, the Supply Contract between you and us will only be formed when we send you the Order Confirmation.

2.6 Delivery and Product availability

In the case of Physical Products, we will endeavour to fulfil your order by the estimated delivery date detailed in the Order Confirmation, which will usually be within 30 days from the date of the Order Confirmation. Please note that delivery estimates are just that: they are not guaranteed delivery dates and should not be relied on as such. As we process your order, we shall inform you by email if any Products that you order turn out to be unavailable.

For Physical Products and Store Services, we will in each case send you an email (a "Dispatch Confirmation") to your Member email address confirming the date on which the Product has been dispatched to you (or, in the case of a Store Service, will be supplied).

For Download Products, the Order Confirmation will confirm when the Product will be available for download and activation by you from the Store. Download instructions will be contained in the Order Confirmation.

In order to access and download Download Products, you will need to have access to the internet and the Site with sufficient bandwidth to download the Products to your computer. You are responsible for all costs associated with accessing the Site and downloading Products and for making sure that your hardware meets the minimum requirements for the operation of any software Products. Please note that it may not be possible to download a Download Product if there are problems temporarily affecting the Site or the servers on which the relevant data are stored.

Some Products may be pre-ordered, but will not be dispatched, made available for download or supplied until after a scheduled release date (which we reserve the right to modify). If such release date is postponed by longer than 30 days, you will be entitled to cancel your order by giving us written notice by email or any other communication options provided on the Site.

While we will make reasonable efforts to supply you with the Products on the Order Confirmation or Dispatch Confirmation, there may be occasions where we are unable to supply such Products. This may be as a result of: (a) the Product's non-availability, even though we placed sufficient orders with our suppliers in time; (b) a pricing error on the Store, if such error entitles us under applicable law to cancel the Supply Contract and we so cancel the order without undue delay after discovering such error; or (c) other legal reasons that require us to withdraw the Products from sale. In this situation we shall contact you by email sent to your Member email address. If we are unable to agree an alternative arrangement with you, we shall cancel your order in relation to the Products that we cannot supply and repay any money that you may already have paid us in respect of those Products.

If the Site states that a Product is temporarily out of stock, the Product is not then in stock but may (at our discretion) be available for ordering. If you are able to place an order, we shall send you an Order Confirmation with the expected delivery date as soon as we have that information. If the Site states that a Product is currently unavailable, the Product is not then available for ordering, in which case we will not know when or if the Product will be in stock again. If we decline to accept your order because a Product is not available, we may (at our discretion) email you to inform you that the Product is out of stock and then, if and when the Product is back in stock, email you to notify you that the Product is available again.

Products will not be delivered to any address outside a Serviced Country. The address must be the billing address (which must be in a Serviced Country) for your payment method as indicated on your Order Confirmation.

2.7 Risk and title

Unless you validly exercise your right to cancel the relevant Supply Contract (as explained in section 2.9 below), Physical Products will be at your risk from the time of delivery and Download Products from the completion of download. Ownership of Physical Products and the right to download Download Products or to receive Store Services will only pass to you when we receive all sums payable in relation to them, including any delivery charges.

Unless otherwise specified in the Order Confirmation, Physical Products will be shipped by standard postal delivery and are not capable of being tracked.

2.8 Pricing and payment

The price of any Products will be as quoted from time to time on the Store, except in cases of obvious error.

All Product prices are inclusive of any applicable taxes (including VAT or GST). If, however, the rate of VAT or GST changes between the date of your order and the date of delivery, we shall adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT or GST takes effect.

All Product prices exclude additional transaction fees and delivery charges, which will, before you place your Order, be indicated to you on the payment page of the Store and added to the total amount due.

You may pay for Products by the methods of payment displayed on the payment page of the Store from time to time. No other methods of payment will be accepted. Payment will be in the currency indicated on the payment page of the Store.

Product prices, transaction fees and delivery charges are liable to change at any time, but such changes will not affect orders for which we have already sent you an Order Confirmation.

It is possible that, despite our reasonable efforts, some Products on the Store may be incorrectly priced. If, in such a case, the actual price of a Product is higher than that which is incorrectly displayed on the Store at the time when you place your order, we may, at our discretion (unless otherwise required by applicable law), either contact you in order to confirm whether you wish to proceed with your order at the correct higher price, or reject your order and notify you of such rejection.

If the actual price of a Product is lower than that which is incorrectly displayed on the Store at the time when you place your order, we will supply that Product to you at the correct lower price. If, for pre-ordered Products, the actual price reduces by the date on which your order is dispatched (in the case of Physical Products), made available for download (in the case of Download Products) or supplied (in the case of Store Services), you will be charged the reduced price as at such date.

You will need to supply your payment method details when you place your order. Your payment method will be charged just before your order is dispatched, made available or (as applicable) supplied. No orders will be fulfilled until your payment method supplier has authorised the use of your payment method for payment.

2.9 Cancellation and refunds

2.9.1 For customers resident in the United Kingdom, Switzerland, Italy, Spain, Portugal, Denmark, Norway, Sweden, Finland, Australia or New Zealand:

  • The information on your cancellation right set out in this section 2.9.1 is only valid if you are a resident of any such country.
  • Cooling-off period. If you are contracting with us as a consumer, then, subject to the provisions of this section 2.9.1, you may cancel any Supply Contract for a Product ordered from us at any time within the period of 14 days after: (a) in the case of a Physical Product, the date on which you received the Product; or (b) in the case a Download Product, the date on which we notify you that the Download Product is available for download from the Store; or (c) in the case of a Store Service, the date of entering into the Supply Contract with us for the provision of the Store Service. For customers resident in Norway, however, each date described in paragraphs (a) to (c) of the preceding sentence shall instead be the date on which you receive notice of your cancellation right.
  • Refunds for cancellation. If you exercise your cancellation right in accordance with this section 2.9.1, you will receive a full refund of the price paid for the Products in accordance with this paragraph. When you have validly cancelled a Supply Contract between you and us within the cooling-off period, we shall process the refund due to you as soon as possible and, in any case, within 30 days after the day on which you gave us valid notice of your cancellation (or for Norwegian customers, within 14 days after the return of the Products, whichever the earlier). In this case, we shall refund in full the price of the Product which has been previously paid, including the cost of delivering the Product to you. You shall, however, be responsible for the cost of returning the item to us. To the fullest extent permitted under law, a refund of the purchase price and our delivery cost shall be the maximum extent of our liability in respect of the cancellation of the Supply Contract in question.
  • How to cancel. To cancel an order, you must notify us of your intention to do so. (For Italian customers, such notice must be sent or confirmed within 48 hours via registered mail with a return receipt requested. For Portuguese customers, such notice must be sent within the cooling-off period via registered mail with a return receipt requested.) In the case of Physical Products supplied to you further to your order, you must return those Physical Products to us as soon as reasonably practical. The return of any Physical Products shall be solely at your own cost and risk. You are legally obliged to take reasonable care of any Physical Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
  • Excluded claims. In any event, you may not return a Product and claim a refund if: (a) the Product is a Physical Product and it is not returned to us wholly or substantially intact (and, if opened and used, used with reasonable care and supplied with the Product's packaging wholly or substantially intact); or (b) you have started downloading your Product or otherwise used an activation code required to access and use a Product; or (c) in respect of a Store Service, you have started to use that Service or we have started to provide the Service.
  • Your rights as a consumer. Details of your statutory cancellation right, and an explanation of how to exercise it, will be provided in the Order Confirmation. Nothing in these Terms affects your rights as a consumer under law.

2.9.2 For customers resident in Germany:

  • If you are a resident of Germany, please read this section 2.9.2, which sets out the details of your cancellation right. Only the German-language version of this section 2.9.2 shall be binding.
  • Cancellation right. If you are a consumer pursuant to § 13 BGB (German Civil Code), you are entitled to cancel your Supply Contract by giving us notice in text form (e.g. letter, fax, email) or if you received the Products before the end of the cancellation period by returning the Products within 14 days without providing any reasons. The cancellation period begins with the receipt of this information in text form, but not before the Supply Contract is concluded, nor (in case of the delivery of Products) before your receipt of the Products, nor (in the case of recurring deliveries of similar Products) before the receipt of the first partial delivery, and not before the fulfilment of our information obligations under Art. 246 § 2 in connection with § 1 Sub-para 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our obligations pursuant to § 312g Sub-para. 1 Sentence 1 BGB in connection with Art. 246 § 3 EGBGB. In order to adhere to the cancellation period, it is sufficient to send the notice or the Products. The notice or the Products should be sent:
    • by post to: Square Enix Support Centre, Square Enix Europe, Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU, United Kingdom; or
    • by fax to: +44 (0)20 8636 3001; or
    • by email using the link at http://support.eu.square-enix.com/de.

  • Consequences of cancellation. In the event of a valid cancellation, each party must return to the other all benefits and any further value (e.g. interest) derived by such party from the Supply Contract. If you cannot return the Products or benefits in full or in part or only in a degraded way, you will have to pay compensation for lost value. In the event of delivery of Products, you only have to pay compensation if the use or the degradation is caused by use that exceeds a review of the properties of the Products. A "review of the properties of the Products" is understood to be the testing of the Products as it would be possible and reasonable in a store. Products that can be sent via package are to be returned at our risk. You will have to pay the usual costs for the return if the Product delivered is identical to the Product ordered and if the price of the returned Product is not above 40 Euros or (in the event of a higher price) you have not yet paid in full or have not yet paid (if so agreed) a due instalment. In all other cases, the return of the Products is free for you. Products that cannot be sent via package will be collected. Claims for reimbursement must be submitted within 30 days. The period begins: (a) for you, with the dispatch of the notice or the Products; and (b) for us, with our receipt. The cancellation right will end ahead of time if the whole Supply Contract is fully fulfilled by both parties on your express request.

    End of the information on the cancellation right for German customers.

2.9.3 For customers resident in Austria:

  • If you are a resident of Austria, please read this section 2.9.3, which sets out the details of your cancellation right. Only the German-language version of this section 2.9.3 shall be binding.
  • Cancellation right. If you are a consumer pursuant to § 1 Austrian Consumer Protection Act (Konsumentenschutzgesetz), you are entitled to cancel your Supply Contract within the periods mentioned below. In order to adhere to the cancellation period, it is sufficient to dispatch a respective notice or to return the Products within the cancellation period. The notice or the Products must be sent:
    • by post to: Square Enix Support Centre, Square Enix Europe, Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU, United Kingdom; or
    • by fax to: +44 (0)20 8636 3001; or
    • by email using the link at http://support.eu.square-enix.com/de.
  • Cancellation period. The cancellation period lasts seven working days, whereby Saturdays, Sundays and Austrian public holidays shall not be deemed working days. In the case of contracts concerning the delivery of goods, the period starts with your receipt of the goods, in the case of services on the day of conclusion of the contract. Should we have failed to comply with any of our information obligations set out in § 5d para 1 and 2 Austrian Consumer Protection Act (Konsumentenschutzgesetz), the cancellation period shall be three months, provided, however, that in the case of our provision of the above information within the three-month period the cancellation period shall end seven working days after the provision.
  • Exceptions from the cancellation right. In particular, in the following cases the consumer has no cancellation right:

    • contracts about services whose execution shall start within seven days after the contract formation;

    • contracts about customised goods, goods which are tailored for the personal desires of a customer or goods which are not suitable for return;

    • contracts about audio or video recording or software, if the delivered item has been unsealed by the consumer;

    • contracts about the delivery of newspapers, periodicals and similar products, except contracts about cyclic publications.

  • Rights and obligations in the case of a recall. In the case of a cancellation you have to return the received goods immediately and have to pay reasonable consideration for the use of the goods, including compensation for depreciations connected with such use. You will have to pay the usual costs for the return. In return, and immediately after the receipt of the returned goods or, in the case of services, after receipt of your notice, we will repay the purchase price immediately.
    • End of the information on the cancellation right for Austrian customers.

2.10 Other refund requests

If you return a Product to us for any reason other than cancellation under section 2.9 above (for instance, because you consider that the Product is defective), we shall examine the returned Product and, where you are entitled to a refund, notify you of such entitlement via email within a reasonable period of time. We shall usually process any such refund due to you as soon as possible and, in any case, within 30 days after the day on which we confirmed to you via email of your entitlement to a refund. We shall refund the price of a defective Product in full, including any applicable delivery charges and any reasonable costs that you incur in returning the Product to us.

We shall usually refund any money received from you using the same method originally used by you to pay for your purchase. For Users resident in New Zealand, we will comply in all respects with our obligations under the Consumer Guarantees Act 1993.

2.11 Import charges and export restrictions

When Products are ordered from the Store for delivery outside the United Kingdom, there may be import duties, taxes or levies imposed when the delivery reaches the specified destination. We have no control over these charges and cannot predict their amount. You are responsible for the payment of any and all such charges. We recommend that you contact your local customs office for further information on what these charges may be before you place your order.

By ordering Products, you warrant and undertake that you are not located in any country, nor will you export any Products to any person or place, to which the European Union or any European Union member state has embargoed goods.

You must comply with all applicable laws and regulations of the country for which the Products are destined. We shall not be liable for any breach by you of any such laws.

2.12 Written communications

Applicable laws require that some of the information or communications that we send to you should be in writing. By registering as a Member and placing orders via the Store, you accept that communication between you and us will be mainly electronic. We shall contact you by email to the email address provided by you when you register as a Member or provide you with information by posting notices on the Store. For contractual purposes, you agree to these electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section 2.12 does not affect your rights under applicable laws.

3 GENERAL

3.1 Square Enix Software

The Store offers certain Products comprising computer software that has been developed by or under licence from Square Enix (including any software made available as part of a Store Service and any updates or other patches for any such software) ("Software").

Such Software may be supplied with a limited warranty whose terms are contained in the End User Licence Agreement accompanying such Software (or in the case of a software update or patch, the End User Licence Agreement accompanying the original software product) ("EULA"). Please refer to the terms and conditions of the relevant EULA for further details.

Your right to download, install and otherwise use any Software under licence is governed by and subject to the terms and conditions of any applicable EULA. You must accept the terms of the EULA in order to be able to install such Software and to use it lawfully. If you do not wish to be bound by the terms and conditions of the EULA, do not install the relevant Software.

In any case where you are not required to accept the provisions of a EULA, you are granted a limited, personal, non-sublicensable, non-exclusive licence to use the Software concerned solely for your private non-commercial use on a single personal computer. Such licence is non-transferable where the Software has been supplied to you as a Download. If the Software is supplied to you as part of a Physical Product, such licence is transferable with the Product. All other rights attaching to the Software are reserved absolutely by the respective licensors of the Software.

You agree not to modify, decompile, disassemble, reverse-engineer any Software unless and then only to the extent permitted by a mandatory provision of applicable law. Unauthorised use of computer software may be an infringement of copyright and be liable to civil and criminal sanctions.

Software may be subject to United Kingdom export controls, and export controls of other jurisdictions. By purchasing Software from Square Enix, you warrant that you are not located in any country, or exporting Software to any person or place, to which the European Union or any other jurisdiction has embargoed goods.

Software may include technological measures that are designed to prevent unlicensed or illegal use of the Software. You agree that we may use such measures, and that you will follow the requirements regarding such technological measures as may be described in the EULA or any other documentation accompanying the Software.

In order to be able to install your copy of the Software on another personal computer (to the extent that such transfer and reinstallation is permitted by the terms of the applicable EULA), you may be required to reactivate the Software using a software activation code that accompanied the Product when delivered to you or which is otherwise made available to you at the time of download (in the case of a Download Product). Please keep the activation code in a secure place, as we do not guarantee that we can send you a new activation code in the event it is lost and are under no obligation to provide one. Moreover, your right to install and reactivate the Software on a different computer may be subject to a maximum number of reactivations described either in the EULA or other documentation accompanying such Software.

By downloading or installing any Software, you accept: (a) the existence and use of digital rights management software ("DRM"), including the downloading of copy protection software and certain DRM data and licence information which may or may not be uninstalled if you uninstall the Software; and (b) the possibility of limits on your use of such Software to a set number of computers with a maximum number of activations per computer or in total (both such limits being set by us, which may be different for different software Products).

3.2 Limitation of liability

3.2.1 Safety information. YOU ARE STRONGLY ADVISED TO READ AND ADHERE TO THE GUIDANCE AND WARNINGS CONTAINED IN THE SAFETY INFORMATION CONCERNING THE USE OF PRODUCTS. A COPY OF THE SAFETY INFORMATION CAN BE FOUND AS PART OF THE PRODUCT DOCUMENTATION.

3.2.2 Software. For any Software purchased by you from the Store that is subject to a EULA, such EULA sets out the extent of our warranties and our entire liability with respect to such Software and the physical media (if any) on which such Software is supplied. To the extent of any inconsistency between the provisions of any such EULA and these Terms, the provisions of the EULA shall prevail.

For any Software that is not subject to a EULA, our liability to you with respect to such Software is as set out below.

3.2.3 For customers resident in the United Kingdom, France, Switzerland, Italy, Spain, Denmark, Norway, Sweden, Finland, Australia or New Zealand:

  • The limitation of liability set out in this section 3.2.3 applies only if you are a resident of any such country. Subject to section 3.2.2, unless and to the extent only that the following exclusions are incapable of exclusion by applicable law, the Site and all its features (including any Products, the Store or other Services) are used by you at your risk and are provided on an "as is" and "as available" basis without any guarantees, warranties, representations, terms or conditions of any kind (whether express or implied by legislation or operation of law).
  • To the fullest extent permitted by law:

    1. we do not guarantee nor do we make any warranties or representations that the Site, the Store or any other Service will be available at all or at any times or that it will be error-free, uninterrupted or secure;

    2. we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it;

    3. Square Enix expressly disclaims all warranties, representations, terms and conditions of any kind (express or implied), including any implied warranties, terms or conditions of merchantability, fitness for purpose, satisfactory quality, title, non-infringement of intellectual property and other third-party rights in relation to the Site or any Products or other Services or activities sold, supplied or otherwise made available on or via the Site;

    4. neither Square Enix nor any of its affiliates, licensors, suppliers, successors and assignees or its or their respective officers, employees, agents or contractors (together, the "Square Enix Parties" and each, a "Square Enix Party") shall be liable to you for any indirect, special or consequential loss that is suffered or incurred by you in connection with the performance (or non-performance) of any Supply Contract (or with your use of, or inability to use, the Site or any Services, any websites linked to it and any materials posted on it), and that falls within any of the following categories:

      1. loss of income or revenue;

      2. loss of business;

      3. loss of profits or contracts;

      4. loss of anticipated savings;

      5. loss of data;

      6. loss of goodwill; and/or

      7. wasted management or office time;

    5. no Square Enix Party shall be liable for any damage to your equipment or any computer software or system or loss of data that may result from the download, installation and/or use of any third-party material or software downloaded via or for use of the Site, nor do we endorse, warrant or guarantee any third-party product or service offered via the Site, nor will we be a party to (or in any way be responsible for monitoring) any transaction between you and third-party providers of products or services; and

    6. we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User in contravention of our content standards, whether the Service is moderated or not.

  • Despite the preceding provisions of this section 3.2:

    1. Some states or jurisdictions may not allow the exclusion or limitation of certain warranties or conditions. Where that is the case (and to such extent), the exclusions and limitations of liability in these Terms may not apply to you.

    2. Nothing in these Terms in any way limits our liability to you for: (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; (3) any deliberate repudiatory breaches of these Terms or of any Supply Contract by us; (4) any loss or damage (whether financial or otherwise) that is a direct and foreseeable result of any breach of these Terms or of any Supply Contract on our part; (5) any breach by us of any warranties, terms or conditions implied into these Terms or any Supply Contract by applicable law; and/or (6) any other liability (such as gross negligence or wilful misconduct) to the extent that such liability cannot be excluded or limited under applicable law.

    3. NOTHING IN THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER UNDER LAW. If you would like information on such rights, you should contact your local trading standards service or citizens' advice bureau.

    4. ONLY FOR CUSTOMERS RESIDENT IN FRANCE:

      Despite the above provisions, we shall guarantee any lack of conformity of the Product and any latent defect, as provided for in articles 1641 to 1649 of the French civil code.

      Article L. 211-4 of the French consumer code

      The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity that exists on delivery.

      It is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if it assumed responsibility therefor or had it carried out under its responsibility.

      Article L. 211-5 of the French consumer code

      In order to conform to the contract, the product must:

      1. be suitable for the purpose usually associated with such a product and, if applicable:

      • correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

      • have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, including advertising and labelling; or

      2. have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

      Article L. 211-12 of the French consumer code

      Action resulting from lack of conformity lapses two years after delivery of the product.

      Article 1641 of the French civil code

      A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a reduced price for it, had he known of them.

      Article 1648 of the French civil code

      The action resulting from the defects giving rise to the right to cancellation must be brought by the buyer within a period of two years following the discovery of such defect.

3.2.4 For customers resident in Germany, Austria and Portugal:

The limitation of liability set out in this section 3.2.4 applies only if you are a resident of Germany, Austria or Portugal. We shall only be fully liable for damages if they were caused by grossly negligent or intentional acts by us, our employees, agents and/or officers. In the event of simple negligence, we are fully liable for personal injuries and death. In the event of a breach of contractual obligations caused by simple negligence which the customer could trust not to be breached and which are essential to the performance under these Terms, our liability is limited to the typical foreseeable damages. The liability according to the German, Austrian or Portuguese Product Liability Act remains unaffected. In all other cases of simple negligence, liability is excluded. Where liability is excluded or limited, it shall also be limited or excluded for our employees, agents and officers.

3.3 Indemnity

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and/or (b) any illegal use of your Membership or Account by any person(s).

3.4 Third-party software, links and data

3.4.1 Third-party software. We are not responsible for any technical or other issues that may arise if you download and use any third-party software, whether made available via the Site or from an external third-party website.

3.4.2 Links. We are not responsible for any links to external third-party websites or pages of or content contained in or made available via any such third-party website (including links to personal profiles, user groups or videos on social networking or video upload sites) that may be provided on the Site by us or by you or any other User who posts any such link on the Site. Such links do not constitute endorsements by Square Enix. We have no control over the content of linked websites and make no warranties or representations about third-party websites or goods or services offered on or via third-party websites.

You may link to the home page of the Site only, as long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.

3.4.3 Third-party data. We are not responsible for any data provided by third-party data feeds available via the Site. We have no control over the content provided by such third-party data feeds and make no warranties or representations about such data or data-feed services.

3.5 Advertising and sponsorship

The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws, codes and regulations. We cannot guarantee that such advertising or sponsorship material will be free of errors or inaccuracies.

3.6 Competitions, prize draws and promotions

We may from time to time run competitions, free prize draws and/or other promotions on the Site. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

3.7 Suspension and termination

We may, at our sole discretion, suspend or terminate the provision of any part of the Site or any Service or restrict your access to it without any prior notice to you and without any further formality where (by way of example and without limitation): (a) we reasonably consider that you are misusing the Services or are otherwise acting in breach of any of the Service Terms; (b) there is a regulatory or statutory change limiting our ability to provide such part of the Site or such Service; and/or (c) any event beyond our reasonable control prevents us from continuing to provide such part of the Site or such Service (for example, without limitation, technical difficulties, capacity problems or communications failures). No such suspension or termination on ground (b) or (c) will affect any entitlement to a refund that you may have under any Supply Contract or under applicable law.

3.8 Events beyond our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Supply Contract that is caused by any event, act, omission or circumstance beyond our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any strike, lock-out or other industrial action (other than by Square Enix staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks (including the world wide web) and the acts, decrees, legislation, regulations or restrictions of any government).

Our performance of any Supply Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we shall have an extension of time for performance for the duration of that period. We shall use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Supply Contract may be performed despite the Force Majeure Event. If we are prevented from, or delayed in, performance of any Supply Contract by any Force Majeure Event for a continuous period of more than 30 days, either party may terminate such Supply Contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).

3.9 Changes to these Terms

We reserve the right to make changes to any part of the Site or any Service and/or to these Terms from time to time. We will notify you of any changes to these Terms by posting the modified Terms on the Site (including the date on which these Terms were last modified). If you use the Site after we have posted such changes, you will, by continuing to use the Site, be agreeing to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you should not continue to use the Site.

For each Supply Contract, you will be subject to the version of these Terms in force at the time when you order the relevant Products from us, unless: (a) any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you); or (b) we notify you of any changes to these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted such change, unless you notify us to the contrary in writing within seven working days after your receipt of the Products).

3.10 Miscellaneous

Notices. Except as otherwise specified in these Terms, all notices given by you to us must be given to us at the web or postal address set out in section 3.11 below. We may give notice to you at either the email or postal address that you provide to us when registering as a Member or Registered User or by posting notices on the Site. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or five days after the date of posting of any letter (whichever occurs first). In proving service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Assignability. You may not assign, sub-license or otherwise dispose of any of your rights under these Terms. Without limiting the foregoing, any Supply Contract is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of any Supply Contract (or any of your rights or obligations under it) without our prior written consent.

Entire agreement. These Terms (including all provisions incorporated by reference in these Terms) contain the entire agreement, and supersede any previous agreement (whether oral or written), between Square Enix and you in relation to the subject-matter of these Terms, including for the purposes of each Supply Contract. Nothing in these Terms shall limit or exclude any liability for fraud.

Prevalence. Except as otherwise specified in these Terms, in the event of any inconsistency between the provisions set out in these Terms and any other terms and conditions referred to in these Terms, the provisions set out in these Terms shall prevail. For this purpose, however, an omission (whether deliberate or inadvertent) shall not be understood as giving rise to an inconsistency.

No partnership etc. No partnership, joint venture, agency or employment relationship is intended or created by these Terms.

Third-party rights. These Terms are not intended to confer, and do not confer, any rights or remedies on any person other than the parties to these Terms, except that any Square Enix Party may enforce any right or remedy expressly conferred on such Square Enix Party under these Terms.

Non-waiver. Failure by either party to insist on strict performance of, or to exercise any right or remedy under, these Terms or any Supply Contract shall not constitute a waiver of that right or remedy and shall not relieve the defaulting party from compliance with such party's obligations. A waiver by either party of any default shall not constitute a waiver of any subsequent default. No waiver by either party shall be effective unless it is expressly stated to be a waiver and is notified to the other party in writing in accordance with section 3.11 below.

Severability. If any provision(s) of these Terms or of any Supply Contract is found to be invalid, unlawful or unenforceable by any court or other authority of competent jurisdiction, the remaining provisions will continue to be valid, lawful and enforceable to the fullest extent permitted by law.

Governing law and jurisdiction. Except to the extent otherwise required by applicable law (for example, to give effect to your rights as a consumer under the law of the country in which you are resident), these Terms, each Supply Contract and any related dispute or claim (contractual or non-contractual) shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the English courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.

3.11 Contact us

If you have any queries concerning any of these Terms, our Products or your order, please contact our support service:

  • at this web address http://support.eu.square-enix.com/?la=2; or
  • by post at Square Enix Support Centre, Square Enix Europe, Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU, United Kingdom.

Last modified: 20 July 2012