Terms and Conditions
TERMS AND CONDITIONS OF WEBSITE USE (“Terms and Conditions”)
This page (together with the documents referred to in it) tells you the terms of use on which you may make use of our websites (each a "Website" or "Site" as defined further below) and online services available thereon or accessible therefrom, whether as a guest or a User (as defined below). Please read these Terms and Conditions carefully. By viewing or using our Website or any Service, you indicate that you accept (1) these Terms and Conditions and (2) the terms of our Privacy Policy (which can be found here) and that you agree to abide by them and grant the usage and other rights to us specified in them (collectively, the "Service Terms"). If you do not agree to these Service Terms, please refrain from using our Site.
- Definitions
- Accessing our Website
- The Community
- Proprietary Rights
- User Conduct
- Information about you and your visits to our websites
- Children
- Square Enix Software
- Square Enix’ Liability
- User Liability and Indemnity
- Third Party Software, Links and Data
- Advertising and Sponsorship
- Competitions, Prize Draw and Chargeable Content
- Changes to these Terms and Conditions
- Suspension and Termination
- Governing Law and Jurisdiction
- General
- Contact
1. DEFINITIONS
In these Terms and Conditions the following terms shall have the meanings set out below:
"Account" means a Community, store or other account for which a user of our Websites has registered in order to buy goods or services offered on our Websites or to otherwise access other features or Services available on Websites;."Square Enix", "we" and "us" and "our" means Square Enix Interactive Limited (a limited liability company registered in England and Wales under company number 01804186 whose registered office is at Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU, which is also our main trading address.
"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.
"Service" means all offers, games, activities and services including Interactive Services provided to visitors to and Users of our Website."Trade Marks" means any of the registered or unregistered trade marks owned by Square Enix or any affiliate or licensor of Square Enix) including the game titles and all associated logos and other device marks associated with the titles of any Games;
"User" has the registered holder of an Account;
"Website" or "Site" means the website (including each of its constituent web pages) with its home page at eidos.com and any other website owned and operated by us or any of our affiliates from time to time.
2. ACCESSING OUR WEBSITES
Access to any of our Websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Websites without notice (see below). We do not guarantee any Website or any Service will be available at any particular time or times or for any periods of time and we shall not be liable if for any reason any of our Sites is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Sites, or an entire Site, to Users who have registered with us.
It is a condition of your right to use our Sites that you are in compliance at all times with the provisions of these Terms of Use.
You are responsible for making all arrangements necessary for you to have access to our Sites and for all connection and other charges incurred in visiting and accessing the features of the Sites. You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of the Service Terms, and that they comply with them.
3. ACCOUNTS
Registration
In order to purchase goods and access and use certain other Services and features available from our Websites you will need to register for an Account. More than one Account registration may be necessary to access different Services or to purchase goods or Services offered by us and our affiliates. Your Account allows you to create and maintain a personal profile and participate in certain activities on Websites operated by us and our affiliates. Additional Terms of Sale are applicable to the sale and purchase of goods and other services via the Website. To create an Account, you must select a username and password and provide certain other requested information. In consideration of your ability to use your Account to access various Services and other features on our Websites, you agree to (a) provide accurate, current and complete information about you as may be prompted by the process or creating or using your Account ("User Data"); (b) maintain the security of your username and password; (c) maintain and promptly update the User Data, and any other information you provide to Square Enix, to keep it accurate, current and complete; (d) be fully responsible for all use of your Account and for any actions that take place using your Account; and (e) indemnify and hold Square Enix harmless for any improper or illegal use of your Account by any persons.
Usernames
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, your address, your age, postal/zip code, email address or telephone number. You cannot use a username which is already allocated to another User and it is a condition of your rights to use the Service that you do not choose a username which is obscene or otherwise offensive. We may but are not obliged to filter certain words and phrases which we consider unacceptable. However, whilst any registration process 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 Account (or otherwise require you to re-register with a new acceptable username) at a future date if, in our discretion, we consider your username or the use of it is offensive or otherwise breaches these Service Terms in any way. For the sake of clarity, your username does not constitute your property and gives you no unique usage rights of such username. If for any reason your Account is cancelled, we may issue the same username to a subsequent User.
Security
You agree not to allow anyone else to use your username and not to disclose your password to anyone else. This is as much for your own protection as ours and other users. However, you accept that you are solely responsible and liable for the activity carried out under your username on any Service and so if you do enable anyone else to use your user name and/or password not only do you do so at your own risk but you will also be in breach of these Service Terms. We may terminate your Account immediately for any breach of these Service Terms and in such event you will not be permitted to re-register without the express permission of Square Enix.
Account Limitations
Registration for an Account does not mean you can use your Account for all Services which we may from time to time offer via the Website nor will it necessarily give you the right to access and play all Games which are made available via the Service or any Service or website operated by Square Enix or any of its affiliates. Separate registration for certain Services may be required in order to download and/or play certain Games or access or use certain Services, each of which may be subject to eligibility criteria which you may not meet and acceptance of additional terms, conditions and restrictions which may or may not be the same as these Service Terms. In particular, access to certain Services may be subject to:
(a) a subscription charge or other payment; or (b) age or other restrictions applicable to the content as stipulated by us.
Profiles and Communications made using your Account
You acknowledge and agree that your personal profile and communications with other Users via the message boards, blogs, forums, chats and any other avenues of communication on our Websites are public and not private communications, and that you have no expectation of privacy concerning any such profile and communications or your use of the Community or any other Service. You acknowledge that personal information that you communicate via our Websites may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications via any Service.
We therefore strongly recommend that before you complete your personal profile that you think very carefully about what personal information you wish to make available for other users to see.
Square Enix is not responsible for information that you choose to communicate to other Users via our Websites or other Services, nor are we responsible for the actions of other Users. There are, however, come common sense rules which you should always abide by when using the Services and making communications 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. Unfortunately we cannot rule out that there are dangerous people using the Services. Under no circumstances should you post or give out your real name, address, telephone or mobile number or any other personal details or information which could identify who you are or where you live. Similarly even giving out your email address may be a bad idea if it contains part or all of your personal name. Always be wary of giving out details about what you do, where you go, what School or College you attend or your physical attributes.
ABOVE ALL WE WOULD 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 THE SERVICE WHILST UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN KNOW HOW TO ENSURE THEY DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.
You agree that you acquire no right, title or interest in any character, data, property or other matter which you may acquire, create or develop while using a Service (including, but not limited your username, avatars, game statistics, player results and league tables). Without prejudice to the foregoing, you irrevocably consent to our use and reproduction of your on the Service.
Termination of Account
Square Enix and you both have the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Square Enix. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms and Conditions or Square Enix’ enforcement or application of these Terms and Conditions; (2) the Content available through our Website or any change in Content provided through our Website; or (3) your ability to access and/or use our Websites.
You can cancel your Account by delivering notice to Square Enix’ Customer Service Department to [email protected]
4. PROPRIETARY RIGHTS
Content
With the exception of User Content only, all copyright, trade marks, database rights and other intellectual property rights in our Site including brands, trade marks, get-up, designs, text, graphics, articles, blogs, icons, compilations, data, statistics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Content"), is the exclusive property of Square Enix or its licensors, and is protected by copyrights, trade marks and other intellectual property rights, with all rights 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' prior written permission. Square Enix grants you a limited licence to access and use our Website and to download or print one copy of any page of the Site to which you have properly gained access solely for your personal, non-commercial reference, provided that you keep all copyright or other proprietary notices intact. All rights to use, reproduce, copy and extract any Content not expressly specified in these Terms and Conditions are reserved by Square Enix absolutely.
Any use of our Website or the Content other than as specifically authorised in these Terms and Conditions or separately permitted in writing by Square Enix is strictly prohibited and will terminate the licence granted herein automatically. All unauthorised use may also violate applicable laws including copyright and trade mark laws and applicable communications regulations and statutes.
Any licence granted under these Service Terms to you is revocable at any time without notice and with or without reason.
All moral rights of the respective authors of any Content are hereby asserted.
User Content
In these Service Terms "User Content" means all and any photos (including your avatar, image and likeness), data, statistics, information, communications, blogs, ideas, compilation, software, messages, notes, text, articles, music, audio files, videos, films, advertisements, listings, links to third party websites and other content that you upload, publish or display (collectively "post") on or through our Websites or in connection with the use of any Service, or transmit to or share with other Users.
You bear the sole risk associated with the accuracy, completeness and legality of User Content you post. In particular, you must ensure that you have the legal right under all applicable laws to post any User Content on or through the Community or our Website 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 you must 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 and Conditions. You represent and warrant to us that 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 these Service Terms. You further warrant and represent that all User Content posted to our Site shall be lawful and that it shall comply with our standards including acceptable use policies contained in these Terms and Conditions or otherwise specified on our Site and you will indemnify us for any loss, damage, cost or expense suffered or incurred by us as a result of a breach of this warranty and representation.
We are under no obligation to keep secure or to store for any period of time any User Content and shall have no liability to you for any loss, damage, 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 irrevocably grant us the irrevocable, world-wide, payment-free, 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 and for all commercial and other purposes all or any part of any User Content you post on the Website including on any Service. To the fullest extent permitted by applicable law, you further irrevocably waive and agree not to assert against Square Enix or any third party sub-licensed by Square Enix any so-called "moral rights" you may have in such User Content.
We also have the right to disclose your identity to any third party who is claiming that any material posted by you to our Site constitutes a violation of their intellectual property rights, goodwill or reputation or of their right to privacy.
You are solely responsible and liable for, the content and accuracy of any User Content posted by you or any other user of our Site.
5. USER CONDUCT AND ACCEPTABLE USE
User Warranties
You represent, warrant and agree that no materials of any kind submitted through your Account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trade mark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
You agree that you will be personally responsible for your use of our Website and for all of your communication and activity on our Website, including any User Content you contribute, and that you will indemnify and hold harmless Square Enix, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on our Website, including any User Content that you contribute.Interactive Services
In addition, you understand that we may from time to time provide interactive services to Users of the Community and other guests or Users of our Website ("Interactive Services"), including, without limitation:
- Chat rooms
- Bulletin boards
- Inter-user Messaging functionality
- Message Walls
- On-line games
- Inter-user game challenges
- Avatar Customisation
You understand and agree that we may, but are not obligated to, review our Website and may, without prior notice to you, delete or remove from our Website any User Content in our sole discretion, for any reason or no reason, including User Content that in the sole judgment of Square Enix violates these Terms and Conditions, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
Moderation
Whilst we reserve the right to moderate the use of any Service, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Site or pre-screen or approve any User Content which may be posted to our Site or on any Interactive Service, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User or guests of our Website in contravention of our content standards, whether the Service is moderated or not.
WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER SUBJECT MATTER THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO, OR DELAY IN, REMOVING ANY SUCH CONTENT OR MATTER. HOWEVER, YOU MAY MAKE COMPLAINTS BY SENDING AN EMAIL OR WRITTEN NOTICE TO THE FOLLOWING ADDRESS:[email protected]Customer Services, Square Enix Europe, Wimbledon Bridge House, London Sw19 3RUThe use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. 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.
Prohibited Use
You agree not to use our Websites or any Service to:
- harvest or collect email addresses or other contact information of other Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or our Websites in any unlawful manner or in any other manner that could damage, disable, overburden or impair our Website;
- use automated scripts to collect information from or otherwise interact with the Service or our Websites;
- upload, post, transmit, share, store or otherwise make available any content that we deem 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;
- register for more than one Account (unless required by us), register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on our Website any private information of any third party, including, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available 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;
- upload, post, transmit, share, store or otherwise make available User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's Account without our authorisation, or create an Account using a false identity; or
- upload, post, transmit, share, store or otherwise make available User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose us or our users to any harm or liability of any type.
You must not misuse our Sites 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 our Sites, the server on which our Site is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 our site will cease immediately.
We will 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 our Sites or to your downloading of any material posted on it, or on any website linked to it.
Content Standards
These content standards apply to any and all material which you contribute to our Sites (Contributions), and to any Interactive Services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
- Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which 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.
- Infringe any copyright, database right or trade mark 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.
- 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 our Websites who is violating any of these Terms and Conditions, please report them by clicking on the following link [email protected]
We will determine, in our sole discretion, whether there has been a breach by you of this Paragraph 5. Where a breach of this paragraph 5 has occurred, we may take such action as we deem appropriate. Our decision is final.
Failure to comply with this paragraph 5 constitutes a material breach of the Service Terms upon which you are permitted to use our Site, and any Interactive Services and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our Site and any Interactive Services.
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- issue of a warning to you.
- legal proceedings against you for reimbursement of all costs and damage on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- further legal action against you.
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this paragraph 5. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
6. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
We process information about you in accordance with our Privacy Policy. By using our Website and Services and, where applicable, by registering to as a User of the Community on our Website, you consent to such processing and you warrant that all data provided by you is accurate.
7. CHILDREN
We ask parents and legal guardians of children under the age of 18 (minors) to pay special attention to the online activities of their children and to carefully read the Service Terms. In particular, parents and guardians should specifically make children under their care aware of the User Conduct and Acceptable Use rules under paragraph 5 of these Terms and Conditions and important reminders contained in the Service Terms. It is the responsibility of the parent or guardian to supervise the usage of minors of our Website and Services.Neither our Website 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 nor posted to or on the Website 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 legal guardian in accordance with such procedures as may be stipulated by us from time to time on our Website as a condition to such children being able to participate in any Service using our Website. Where applicable, all our games carry a voluntary or mandatory age-rating identified on the packaging 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.8. SQUARE ENIX SOFTWARE
Square Enix SoftwareOur Websites may offer Users the ability to download to your personal computer games and software updates or other patches for such games which have been developed by or under licence from Square Enix ("Square Enix Software").
Your rights to download, install and otherwise use such Square Enix Software will be governed by and subject to your acceptance of the terms and conditions of the end user licence agreement accompanying such Square Enix Software (or in the case of a software patch, the end user licence agreement accompanying the original software product) ("EULA"). In any case where you are not required to accept the terms of a EULA as aforesaid the following terms and conditions of this paragraph 8 shall apply. You are granted a limited, personal, non-transferable, non-sublicenseable, non-exclusive licence to use such Square Enix Software for your sole, private non-commercial use on a single personal computer. All other rights attaching thereto are reserved absolutely by the respective licensors of the Square Enix Software. You agree not to modify, decompile, disassemble, reverse engineer such Square Enix 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.
All Square Enix Software downloaded by you from the Website is provided “as is” without any warranty, guarantee or representation of any kind. It is used by you at your sole risk. To the maximum extent permitted by applicable law, neither we nor any of our licensors shall have any liability to you of any kind or nature, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss, damage, cost or expense (including but not limited to damage to any equipment, computer hardware, software or any special, incidental, punitive and consequential loss) suffered or incurred by you as result of your downloading, installing and/or using any Square Enix Software.
Square Enix Software may be subject to United Kingdom export controls, and export controls of other jurisdictions. By downloading Square Enix Software from Square Enix, you warrant that you are not located in any country, or exporting Square Enix Software to any person or place, to which the European Union, or any other jurisdiction has embargoed goods.
9. SQUARE ENIX’S LIABILITY
We do not guarantee nor do we make any representations or warranties that the Websites or any Service will be available at all or at any times or that it will be error-free, uninterrupted or secure.
Unless and to the extent only that the following exclusions are incapable of exclusion by applicable law, the Website and all its features (including any goods or Services) are provided on an “as is” and “as available” basis without warranties, terms, conditions or representations of any kind, whether express or implied by statute or operation of law.
To the maximum extent permitted by applicable law, Square Enix expressly disclaims all warranties, representations, terms and conditions of any kind, express or implied, including but not limited to any implied warranties, terms or conditions of merchantability, fitness for purpose, satisfactory quality, title, non-infringement of intellectual property and other third party rights with respect to the Websites or any goods, Services or other activities sold, supplied or otherwise made available on or from the Websites.
To the maximum extent permitted by applicable law, in no event shall Square Enix or any of its subsidiaries of affiliates or successors and assigns (together the "Square Enix Parties" and each an "Square Enix Party") be liable for any direct, indirect, or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Sites or any Services, any websites linked to it and any materials posted on it, including without limitation any liability for (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill, wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Any third party material or software downloaded through or for use of our Sites is undertaken at your sole risk and Square Enix shall not 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 such third party material or software. We do not endorse, warrant or guarantee any third party product or service offered through our Website and will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services.
Some states or jurisdictions may not allow the limitation or exclusion of certain warranties or conditions and where that is the case and to such extent the exclusions and limitations in these Terms and Conditions may not apply to you. Your statutory rights as a consumer are not affected.Notwithstanding the foregoing, nothing contained in these Terms and Conditions limits our liability to you for fraudulent misrepresentations, death or personal injury caused by our negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
10. USER LIABILITY AND INDEMNITY
You agree to defend, indemnify and hold harmless Square Enix and any of our subsidiaries, licensors, affiliates, employees, officers or directors, contractors, vendors, and content providers from all expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, our Websites and/or a breach of any of these Terms and Conditions and/or in connection with the posting by you of any content on or via our Websites.
11. THIRD PARTY SOFTWARE, LINKS AND DATA
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 our Sites or from an external third party website.
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 without limitation links to personal profiles, user groups or videos on social networking or video upload sites) that may be provided on our Website by us or by you or any other user who posts any such link on our 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 at third party websites.
You may link to the home page of our Sites only, provided 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. Our Sites must not be framed on any other website, nor may you create a link to any part of our Sites 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 and Conditions.
Third Party Data
We are not responsible for any data provided by third party data feeds provided via our Websites. 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.
12. ADVERTISING AND SPONSORSHIP
Our Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Websites complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material.
13. COMPETITIONS, PRIZE DRAWS AND CHARGEABLE CONTENT
We may from time to time run competitions, free prize draws and/or other promotions on our Websites. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
14. CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to make changes to any part of our Websites at any time without prior notice to you. Due to our policy of updating and improving our Website, it may therefore be necessary to change these Terms and Conditions. If we do change the terms of these Terms and Conditions, we will update the date at the top of this page. If you use our Websites after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use our Website.
15. SUSPENSION AND TERMINATION
We have sole discretion over whether or not there has been may terminate the provision of any of our Websites or restrict your access to it without any prior notice to you where (by way of example and without limitation): there is a regulatory or statutory change limiting our ability to provide any of our Websites; any event beyond our reasonable control prevents us from continuing to provide any Website (for example, without limitation, technical difficulties, capacity problems and communications failures); or we consider in our reasonable discretion that you are abusing the services provided by any of our Websites or are otherwise acting in breach of these Terms and Conditions and we have notified you of the abuse or breach.
16. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales and you irrevocably agree that the courts of England and Wales and shall (subject to the paragraph below) have jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions. We shall retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence.
17. GENERAL
You agree that these Terms and Conditions are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms and Conditions. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions without our agreement. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived.
18. CONTACT
If you have any queries concerning any part of these Terms and Conditions please contact us:by email, using the address below:
[email protected]by post, using the address below
Customer Services, Square Enix Europe, Wimbledon Bridge House, London Sw19 3RU
