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2. LICENSE LIMITATIONS
2. LICENSE LIMITATIONS
The Game is a carefully controlled environment designed to provide the maximum level of enjoyment for all players. In order to preserve an enjoyable experience for all users, and to protect the intellectual property rights of Square Enix, the activities identified in this Section 2 ("License Limitations") are strictly prohibited and violate the conditions or limitations on your license to use the Game. Therefore, any use of the Game in violation of such restrictions exceeds the scope of the License granted to you and constitutes infringement of your license, and is grounds for immediate revocation of your license. Use of the Game in excess of these provisions, or use at all after your license is revoked (including loading the Game into your computer's RAM), infringes Square Enix's copyrights to the Game.
The Game is a carefully controlled environment designed to provide the maximum level of enjoyment for all players. In order to preserve an enjoyable experience for all users, and to protect the intellectual property rights of SQUARE ENIX, the activities identified in this Clause 2 (“License Limitations”) are strictly prohibited and violate the conditions or limitations on your license to use the Game. Therefore, any use of the Game in violation of such restrictions exceeds the scope of the license granted to you and constitutes infringement of your license and is grounds for immediate revocation of your license. Use of the Game in excess of these provisions, or use at all after your license is revoked (including loading the Game into your computer’s RAM), infringes SQUARE ENIX’s copyrights and other intellectual property rights subsisting in and relating to the Game.
Violating these License Limitations may result in the suspension or permanent banning of your account, or such other lesser measures described in Section 3 which Square Enix may take in its sole discretion, or an action for copyright infringement or other legal claims, all of which are reserved. You agree that offering or providing banned services to other players of the Game constitutes improper interference with Square Enix's contracts with such players, and Square Enix reserves the right to take formal legal action against you if you do so, without warning.
Violating these License Limitations may result in the suspension or permanent banning of your FINAL FANTASY XIV Service Account, or such other lesser measures described in Clause 3 which SQUARE ENIX may take in its sole discretion, or an action for copyright infringement or other legal claims, all of which are reserved. You agree that offering or providing banned services to other players of the Game constitutes improper interference with SQUARE ENIX’s contracts with such players, and SQUARE ENIX reserves the right to take formal legal action against you if you do so, without warning.
Square Enix may update the list of License Limitations at http://sqex.to/ffxiv.na.support at any time. The current License Limitations are as follows:
SQUARE ENIX may update the list of License Limitations at http://support.eu.square-enix.com/rule.php?id=5383&la=2 at any time. The current License Limitations are as follows:
2.1 Cheating and Botting. You may not create or use any unauthorized cheats, bots, automation software, hacks, mods or any other unauthorized software or hardware designed to modify the Game and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay.
2.1 Cheating and Botting. You may not create or use any cheats, bots, automation software, hacks, mods or any other unauthorised software designed to modify the Game and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay.
2.2 Real Money Trading, Farming and Power-Leveling. You may not sell, purchase or exchange for real-world money or value any in-game currency, accounts, characters, in-game services, or in-game virtual items. You may not play the Game for the purpose of acquiring virtual items or advancement in game play on behalf of a third-party or for the purpose of selling any virtual assets to a third party for real-world money, specifically including "gold-farming" and power-leveling services.
2.2 Real Money Trading, Farming and Power-Leveling. You may not sell, rent, hire, charge, mortgage, purchase or exchange for real-world money or value any in-game currency, accounts, characters, in-game services, or in-game virtual items. You may not play the Game for the purpose of acquiring virtual items or advancement in game play on behalf of a third-party or for the purpose of selling any virtual assets to a third party for real-world money, specifically including gold-farming and power-leveling services.
2.3 Commercial Use. You may not exploit the Game for any commercial purpose (for example, advertising any product or service in-game, or use by the operator of a cyber café) without Square Enix's prior written consent.
2.3 Commercial Use. You may not exploit the Game for any commercial purpose (for example, advertising any product or service in-game, or use by the operator of a cyber café) without SQUARE ENIX’s prior written consent.
2.4 Private Servers. You may not create, operate, participate in or use any unauthorized servers intended to emulate the Game.
2.4 Private Servers. You may not create, operate, participate in or use any unauthorised servers intended to emulate the Game.
2.5 Data Mining. You may not intercept, mine or otherwise collect information from the Game using unauthorized third party software.
2.5 Data Mining. You may not intercept, mine or otherwise collect information from the Game using unauthorised third party software.
2.6 Hacking and Circumvention. You may not hack, disassemble, decompile, or otherwise modify the Game or server computer code, whether the Game code is located on a DVD, Blu-rayTM disc, your computer/console or on Square Enix's servers, except as expressly permitted by Square Enix or applicable law.
2.6 Hacking and Circumvention. You may not hack, disassemble, decompile, or otherwise modify the Game or server computer code, whether the Game code is located on a DVD, Blu-rayTM disc, your computer/console or on SQUARE ENIX’s servers, except as expressly permitted by SQUARE ENIX or applicable law.
2.7 Modifying or Creating Derivative Software. You may not modify or cause to be modified any files that are a part of the Game or Service in any way not expressly authorized by Square Enix, and may not make any derivative works of the Game.
2.7 Modifying or Creating Derivative Software. You may not modify or cause to be modified any files that are a part of the Game or Service in any way not expressly authorised by SQUARE ENIX, and may not make any derivative works of the Game.
2.8 Commercial Spamming/Spimming. You may not use (or abuse) the in-game chat and message services to distribute advertisements.
2.8 Spamming/Spimming. You may not use (or abuse) the in-game chat and/or message services to distribute advertisements or to otherwise harass players.
2.9 Non-transferable. You agree that your FINAL FANTASY XIV Service Account is non-transferable and, therefore, may not be transferred to or used by anyone other than you.
3. PROHIBITED ACTIVITIES
Nothing in this Clause 2 will affect your statutory rights as a consumer, which may vary from jurisdiction to jurisdiction.
In addition to the License Limitations, there are other activities that you are forbidden from doing in connection with the Game ("Prohibited Activities"). In its discretion, Square Enix may use a variety of methods to deal with violations of this User Agreement and the Prohibited Activities, including, but not limited to, any of the following:
Issuing a warning;
Placing a character in a "virtual jail" for a specified period of time;
Removing or deleting ill-gotten in-game items or currency;
Temporarily suspending an account;
Permanently terminating an account;
Permanently banning your IP address, residential address, or credit card number;
Asserting a lawsuit for breach of contract, copyright infringement, or other cause of action as may be applicable; and/or
Seeking injunctive relief in any court or jurisdiction to prevent you from continuing such activity.
In addition, Square Enix shall be entitled to terminate any FFXIV Service Account (immediately and without notice) of any User who (1) was previously suspended or terminated by Square Enix and who Square Enix believes (in its sole discretion) re-registered using different registration information in order to circumvent or bypass such suspension or termination, or (2) Square Enix believes (in its sole discretion, based upon any information available, including registration and account information) that such User is enabling or assisting another User to conduct any Prohibited Activities of any kind.
Square Enix may update the list of Prohibited Activities at http://sqex.to/ffxiv.na.support at any time. The current Prohibited Activities are as follows:
3.1 Sharing Account Information. You may not share your account or login information (such as your Square Enix ID and password) with anyone except your legal guardian, your minor child, or Square Enix. You are responsible for maintaining the confidentiality of your account and login information, even from your friends and family. If you violate this provision, you may unexpectedly lose access to your account to a third party without recourse against Square Enix. Square Enix will not be obliged to credit your Square Enix Account with Crysta or other points or awards, which may have been used by a third party as a result of the violation of this clause.
3.2 Disruption. You may not in any way disrupt or interfere with the Game experience of other players, including the disruption of Square Enix's computers and servers.
3.3 Profanity and Offensive Language. You may not use profanity or any language that a reasonable person would find offensive. The Game is for players aged 13 and older. You agree to behave accordingly.
3.4 Impersonation. You may not impersonate any person or entity or fraudulently hold yourself out as a Square Enix employee, representative, or any other Square Enix-connected person or being affiliated with any such person or entity. This means you cannot log into someone else's account, or deceive or mislead other people as to your identity. For your own safety, we encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users.
3.5 Naming Right. You may not use any name or other intellectual property belonging to Square Enix or any other third party in your use of the Game (for example, naming a character after a celebrity, company, product, or superhero).
3.6 Any Illegal Activities. You may not conduct any illegal activities whatsoever in connection with the Game. This includes every illegal activity not specifically highlighted above, including without limitation gambling, defamation, harassment, and fraud.
3.7 False Account Information. You may not provide Square Enix with false information during the registration process. Any inaccurate or non-current account information may make it impossible for Square Enix to provide you with notice.
3.8 Chargebacks. You are authorizing all fees charged under this User Agreement until you properly deactivate your account. Therefore, you may not falsely notify your credit card or debit card provider that you did not authorize the automatic recurring charge. If you are using a parent's credit card, you must have their authorization for recurring billing.
3.9 Non-Commercial Spamming/Spimming. You may not use (or abuse) the in-game chat and message services to harass other players.
4. BILLING PROCEDURES AND RECURRING TRANSACTIONS
4.1 FINAL FANTASY XIV Subscription Fees. In order to access SQUARE ENIX's servers to play the Game, you must agree to a recurring subscription ("Subscription") with a minimum subscription term of 30 days, and pay a recurring subscription fee ("FFXIV Subscription Fee"). Square Enix may offer different subscription plans in its sole discretion. Further, Square Enix may offer you the chance to purchase additional features for your FFXIV Service Account, which we call "Add-ons" or "Options." Add-ons may be subject to either additional recurring fees or one-time fees. A "Recurring Fee" is a fee that will be charged on a recurring basis until you terminate your subscription. A "One-Time Fee" is fee that is only charged once. All fee rates will be posted at http://sqex.to/ffxiv.na.fees and any changes to Recurring Fee rates will be posted with 30 days' advance notice and notice will be provided to the Game community. Square Enix may change fee rates at any time in its sole discretion, and will use reasonable efforts to notify you at least 30 days in advance of any changes to any Recurring Fees. All FFXIV Subscription Fees are billed in advance. All FFXIV Subscription Fees are non-refundable, with the limited exception in Section 4.7 below.
4.2 Thirty Days of Free Play Per Service Account Per Platform. For all new FFXIV Service Accounts, the first 30 days of gameplay ("Free Period") is included with your purchase of the Licensed Software in new, unopened (or uninstalled, for digital downloads) condition from an authorized vendor. After the Free Period has ended, you have no further rights to access Square Enix's servers unless you pay the subscription fee in accordance with the terms herein or Square Enix otherwise agrees to provide you with access to its servers. If you are accidently charged within the Free Period, please contact the Square Enix Support Center at http://sqex.to/ffxiv.na.support for a refund upon confirmation. The 30 days of free gameplay will NOT be provided to any existing FFXIV Service Accounts that subsequently purchase the Licensed Software on the same platform. In other words, if you are creating a new FFXIV Service Account and purchase the PC version of the Licensed Software, you will receive the Free Period. If you subsequently purchase and install a second copy of the PC Version, then you will not receive another Free Period on your existing FFXIV Service Account, but you will receive the free 30 days if you create a new FFXIV Service Account. If you subsequently purchase a PlayStation version of the Licensed Software, then you will receive another Free Period on you existing FFXIV Service Account.
4.3 Recurring Subscription. When the Free Period ends, all players who choose to continue playing the Game will automatically become subject to a recurring subscription. The recurring FFXIV Subscription Fee will be charged in full at the beginning of each billing cycle ("Billing Cycle"). Billing Cycles are discussed in Section 4.4 below. Square Enix may provide prior notice of an impending charge during the login process or via email to your registered email account. Subject to the limited exception for initial charges for certain new fees explained in Section 4.3(a), all Recurring Fees will be combined in a single FFXIV Subscription Fee billed on the same date, regardless of when in the Billing Cycle any modifications were made to the FFXIV Service Account (such as adding a new Recurring Fee).
If you select a longer Billing Cycle, the FFXIV Subscription Fee charged at the beginning of each Billing Cycle will include the entire covered term (meaning, if you choose a 90-day Billing Cycle, you will pay for all 90 days at once). All charges will be automatically charged to your preselected payment method, and once you have been charged for a given Billing Cycle, that charge is non-refundable, subject to the limited exception in Section 4.7 below. You agree to pay the appropriate amount each Billing Cycle until you deactivate your FFXIV Service Account by following the procedures explained at http://sqex.to/ffxiv.na.cancel. If you deactivated before the beginning of the next Billing Cycle, yet were billed for the next Billing Cycle, please contact the Square Enix Support Center at http://sqex.to/ffxiv.na.support for a refund upon confirmation.
(a) Pro Rata Billing for Recurring Fees During Billing Cycle. If you add a new Recurring Fee in the middle of a Billing Cycle, the current Billing Cycle's charge for that additional Recurring Fee will be adjusted on a pro rata basis and charged immediately, subject to our minimum transaction fee. For example, if you add an Add-on that is subject to a Recurring Fee on the 15th day of a 90-day Billing Cycle, you will be billed for the remaining 76 days in your 90-day Billing Cycle. Please note that the minimum transaction fee allowed by our billing system for credit card/debit card users at any time is currently USD$1.00 per transaction (and subject to change upon notice to you), even if the prorated charge for would otherwise be less than USD$1.00. For example, if the prorated initial Recurring Fee is only USD$0.57 for, you will be charged USD$1.00.
(b) One-time Fees Billed Immediately. Any One-Time Fees that you incur will be immediately charged to your preselected payment method, and are non-refundable except as set forth in Section 4.7.
4.4 Billing Cycles. A single Billing Cycle will apply to all Recurring Fees. When you first register to play the Game or first commit to a Subscription, you will be given an opportunity to increase the default 30-day Billing Cycle to 60 days or 90 days. If you choose to increase the length of your Billing Cycle, you will be rewarded with a reduced FFXIV Subscription Fee. Please note that you are only receiving a discounted monthly FFXIV Subscription Fee because you are agreeing to prepay for a longer period, and no refunds will be given if you choose to stop playing the Game before the prepaid period ends. You should not change the default 30-day Billing Cycle unless you are prepared to prepay for the longer Billing Cycle.
4.5 Changes to Billing Cycles. You may increase or decrease the length of subsequent Billing Cycles at any time. However, the change will not take place until the end of the current Billing Cycle. For example, if you agree to a 90-day Billing Cycle and decide 15 days later to reduce it to a 30-day Billing Cycle, the change will not occur until the 90-day Billing Cycle has ended, at which time, you will be switched to a 30-day Billing Cycle.
4.6 Failed Transactions. If Square Enix's attempt to charge/debit your preselected payment method fails, you may lose access to the Game when your Subscription expires until you resolve the issue. If you have lost access, your next Billing Cycle will begin on the date you successfully pay. Square Enix does not charge late fees or interest for access to the Game.
4.7 Refunds in Exceptional Circumstances Only. The entirety of your FFXIV Subscription Fee is applied by Square Enix to the FFXIV Service Account on the day that it is charged. All charges related to the Game are non-refundable unless third-party criminal activity is involved, as determined by Square Enix. Therefore, if you deactivate your FFXIV Service Account in the middle of a 90-day Billing Cycle, you will not receive a refund for the remainder of the Billing Cycle, but may continue to play the Game until the Billing Cycle ends.
Notwithstanding the foregoing, if Square Enix revises the License Agreement or this User Agreement and you reject either when they are first presented to you for acceptance, you will be required to deactivate your FFXIV Service Account and will immediately lose access to the Game. In such circumstances, upon request, and if the revision was material, Square Enix may refund you a pro rata portion of the most recently-billed FFXIV Subscription Fee. In order to combat fraud, Square Enix will only issue these extraordinary refunds to the payment method(s) used for the relevant transaction(s).
4.8 Deactivation of Subscription. You may deactivate your FFXIV Service Account and/or any individual Recurring Fees at any time. Other than the exception explained in Section 4.3(a), no further billing related to the deactivated FFXIV Service Account will occur until you reactivate by following the procedures explained at http://sqex.to/ffxiv.na.support. If you believe that you have been accidently charged by Square Enix after you deactivated, please contact the Square Enix Support Center at http://sqex.to/ffxiv.na.support for a refund upon confirmation.
4.9 Reactivation of FFXIV Service Account. You may reactivate your FFXIV Service Account at any time, so long as the Game is still made available by Square Enix and account-related data has not been deleted or corrupted. If you reactivate your FFXIV Service Account prior to the end of the current Billing Cycle (meaning, while you still have access), you will retain your original Billing Cycle and will not have to pay another FFXIV Subscription Fee for that period. Otherwise, your new Billing Cycle will commence on or about the first day you reactivate your FFXIV Service Account (subject to adjustment by Square Enix).
4.10 About FINAL FANTASY XIV Service Accounts. You may have a limited number of FFXIV Service Accounts attached to a single Square Enix Account.
5. INTERRUPTION TO THE SERVICE
From time to time, in order to provide our customers with the optimal gaming experience, it is necessary for Square Enix to conduct routine maintenance on the computers and/or servers that support the Game. During these times, access to the Game or support services may be interrupted. Access may also be temporarily suspended in whole or in part, without notice, due to emergency repairs, fire, flood, explosion, war, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, or by any other causes beyond Square Enix's control, or any other reasons for which Square Enix, in its sole discretion, deems that temporary suspension is necessary. You acknowledge that disruptions of service may occur and waive any causes of action against Square Enix in any way arising from or related to any such disruptions of service.
6. INTERNET ACCESS AND EQUIPMENT
You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, or videogame consoles) and internet access necessary to play the Game, and for ensuring such equipment and services are compatible with all requirements of the Game.
7. PRIVACY AND USE OF INFORMATION
By playing the Game, you agree to Square Enix's Privacy Policy, which is incorporated into this User Agreement by reference. The Privacy Policy governs how Square Enix will use and share your information, except as modified herein. You agree that Square Enix may use the information you provide (such as IP address, e-mail address, or home address) in order to identify you and contact you to deliver notices, and may send you product-related marketing information. You acknowledge that Square Enix will be monitoring your use of the Game to help you play the Game, for our internal analysis to help us improve our games and services, to investigate disruptive activities or Prohibited Activities, and to confirm that you are abiding by the terms of this User Agreement and related agreements. In order to protect Square Enix's staff and customers, Square Enix may cooperate with federal, state and local law enforcement with or without the receipt of a formal subpoena or search warrant. You acknowledge and consent that Square Enix may provide your electronic communications and data, including e-mails and chat logs, to such government authorities, without any liability to you or any third party. You hereby provide your consent to such actions.
8. BUDDY PASSES
Certain packages of FINAL FANTASY XIV come with a special registration code ("Buddy Pass") that will allow a holder to invite a friend to try aspects of FINAL FANTASY XIV for a limited time. If you have a Buddy Pass, you may lend your Licensed Software to another person in the North American Region for this limited purpose. Section 2.1 of the License Agreement you previously entered into is hereby temporarily modified to allow for the limited and restricted use of the Licensed Software in connection with a Buddy Pass. The user of the Buddy Pass will have to agree to a series of agreements, including but not limited to, the License Agreement, the Square Enix Account Terms of Use and this User Agreement in order to install and use the Licensed Software. Access to the Game via a Buddy Pass may be terminated by Square Enix at any time, for any reason, with or without prior notice.
9. TERM AND TERMINATION
3. PROHIBITED ACTIVITIES
This User Agreement will begin when you first agree to it and will remain in effect until terminated. Square Enix may terminate this User Agreement at any time without notice. Square Enix reserves the right to discontinue publishing the Game in your country at any time, at which time the User Agreement will be terminated for all affected Users. As described in Section 3 (Enforcement for Violations) above, breach of this User Agreement may automatically terminate your license to use the Game. Upon any termination of this User Agreement, the License Agreement or the Square Enix Account Terms of Use, you must uninstall, delete and/or destroy all copies of the Game (including all of its component parts) in your possession. The following sections shall survive any termination of this User Agreement: 1 (excluding the terminated license grant), 2, 3, 4, 7, 9, 10 and 11.
In addition to the License Limitations, there are other activities (set out below) that you are forbidden from doing in connection with the Game (“Prohibited Activities”). Without prejudice to your statutory rights as a consumer which are not affected and in its discretion, SQUARE ENIX may use a variety of methods to deal with violations of this User Agreement and the Prohibited Activities, including, but not limited to, any of the following:
• Issuing a warning;
• Placing a character in a “virtual jail” for a specified period of time;
• Removing or deleting ill-gotten in-game items or currency;
• Temporarily suspending a FINAL FANTASY XIV Service Account;
• Permanently terminating a FINAL FANTASY XIV Service Account;
• Permanently banning your IP address or residential address, or requesting our payment processing agent to permanently ban your credit card number;
• Asserting a lawsuit for breach of contract, copyright infringement, or other cause of action as may be applicable; and/or
• Seeking injunctive relief in any court or jurisdiction to prevent you from continuing such activity.
In addition and without prejudice to your statutory rights as a consumer, SQUARE ENIX shall be entitled to terminate any FINAL FANTASY XIV Service Account (immediately and without notice) of any User who (1) was previously suspended or terminated by SQUARE ENIX and who SQUARE ENIX can show re-registered using different registration information in order to circumvent or bypass such suspension or termination, or (2) SQUARE ENIX believes (in its sole discretion, based upon any information available, including without limitation registration and account information) that such User is enabling or assisting another User to conduct any Prohibited Activities of any kind.
SQUARE ENIX may update the list of Prohibited Activities at http://support.eu.square-enix.com/rule.php?id=5383&la=2 at any time. The current Prohibited Activities are as follows:
3.1 Sharing Account Information. You may not share your account or log-in information (such as your SQUARE ENIX ID and password) with anyone except your legal guardian, your minor child, or SQUARE ENIX. You are responsible for maintaining the confidentiality of your account and log-in information, even from your friends and family. If you violate this provision, you may unexpectedly lose access to your account and SQUARE ENIX will not have any liability to you for any loss, damage, expense or otherwise arising as a result of such violation. In particular, SQUARE ENIX will not be obliged to credit your account with the amount of any Crysta or other points or awards, which may have been used by a third party as a result of the violation
3.2 Disruption. You may not in any way disrupt or interfere with the Game experience of other players, including without limitation the disruption of SQUARE ENIX’s computers and servers.
3.3 Profanity and Offensive Language. You may not use profanity or any language that a reasonable person would find offensive. The Game is for players aged 16 and older except players who are resident in Germany, Australia or New Zealand where the Game is for players aged 12 and older. You agree to behave accordingly.
3.4 Impersonation. You may not impersonate any person or entity or fraudulently hold yourself out as a SQUARE ENIX employee, representative, or any other SQUARE ENIX-connected person or being affiliated with any such person or entity. This means you cannot login to someone else’s account or deceive or mislead other people as to your identity. We encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users for your own safety.
3.5 Naming Right. You may not use any name or other intellectual property belonging to SQUARE ENIX or any other third party in your use of the Game (for example, naming a character after a celebrity, company, product or superhero).
3.6 Any Illegal Activities. You may not conduct any illegal activities whatsoever in connection with the Game. This includes every illegal activity not specifically highlighted above, including without limitation gambling, defamation, harassment and/or fraud.
3.7 False Account Information. You may not provide SQUARE ENIX with false information during the registration process.
3.8 Chargebacks. You are authorizing all fees charged under this User Agreement until you properly deactivate your account. Therefore, you may not falsely notify your credit card or debit card provider that you did not authorize the automatic recurring charge. If you are using a parent or legal guardian’s credit card, you must have their authorization for recurring billing.
10. DISPUTES
4. BILLING PROCEDURES, CANCELLATION RIGHTS AND RECURRING TRANSACTIONS
10.1 Agreement to Arbitrate. Certain portions of this Section 10 are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Square Enix agree that we both intend this Section 10 to satisfy the "writing" requirement of the Federal Arbitration Act.
4.1 FINAL FANTASY XIV Subscription Fees. In order to access SQUARE ENIX’s servers to play the Game, you must agree to a recurring subscription package (“Subscription”) with a minimum subscription period of 30 days and pay a recurring subscription fee (“FINAL FANTASY XIV Subscription Fee”), which includes the fees for one or more playable character(s) (“Playable Character(s)”) plus two free non-playable characters (“Retainer Character(s)”). You may activate a limited number of Playable Characters determined by your chosen Subscription (which may be amended from time to time in SQUARE ENIX’s absolute discretion). A list of current Subscription options can be found here http://eu.finalfantasyxiv.com/lodestone/. SQUARE ENIX may amend the number of free Retainer Characters provided to you in its sole and absolute discretion without notice.
10.2 First: Try to Resolve Disputes. Except for Excluded Disputes (as defined below in Section 10.5), if any controversy, allegation, or claim arises out of or relates to the Game, the Licensed Software, this FFXIV User Agreement, or any additional terms, whether heretofore or hereafter arising (collectively, "Dispute"), or to any of Square Enix's actual or alleged intellectual property rights, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such information exists or if such information is not current, or if for any reason you do not respond to us within four (4) weeks of the date we sent the notice, then we have no further obligation under this Section 10.2. Your notice to us must be sent to: Square Enix, Inc., Attn: Legal Dept., 999 N. Sepulveda Blvd. 3rd Floor, El Segundo, CA 90245. For a period of sixty (60) days from the date of receipt of notice from the other party, Square Enix and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Square Enix to resolve the Dispute on terms with respect to which you and Square Enix, in each of our sole discretion, are not comfortable.
FINAL FANTASY XIV Subscription Fee rates will be posted at http://sqex.to/ffxivfees_eu , and any changes to those rates will be posted with 30 days’ advance notice and notice will be provided to the Game community and by email to User’s registered email addresses. All FINAL FANTASY XIV Subscription Fees are billed in advance. All FINAL FANTASY XIV Subscription Fees are non-refundable, with the limited exception in Clause 4.8 below or any other circumstance expressly provided in this User Agreement where a full or partial refund may be provided for.
10.3 Second: Forums for Alternative Dispute Resolution.
4.2 Additional Purchases. Users may purchase additional Retainer Characters and/or other in-game items (together the “Additional Purchases”) during and/or after expiry of the Free Period (see below) for a one-time and/or recurring fee (as applicable). Note: Any Additional Purchases made during the Free Period will require a valid Subscription for continued use after expiry of the Free Period., Any fee for Additional Purchases shall be incorporated into your FINAL FANTASY XIV Subscription Fee after expiry of the Free Period. Certain in-game items may only be associated with one Playable or Retainer Character (“Character”). A list of current in-game items available to purchase can be found here http://sqex.to/Msp. SQUARE ENIX may amend the availability and pricing of any Additional Purchases within the Game at any time in its sole and absolute discretion without notice.
(a) Arbitration. If we cannot resolve a Dispute as set forth in Section 10.2 within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration on an individual basis in accordance with this Section 10.3. Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration on an individual basis in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"). If you prevail in your claim against Square Enix, then Square Enix shall pay all arbitration fees. Square Enix agrees that you may appear at any arbitration proceeding by telephone, unless the amount in controversy is $10,000 or more. If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA's Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Square Enix elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member
4.3 Thirty Days of Free Play Included with New Purchase of Licensed Software. The first 30 days of gameplay (“Free Period”) is included with your purchase of the Licensed Software in new, unopened condition from an authorised vendor when it is registered to your FINAL FANTASY XIV Service Account for the first time. You may input your credit or debit card details or select the Crysta or Time Card payment option (if available in your territory) at any time in order to continue playing the Game beyond the Free Period. You are only entitled to one Free Period per purchase of Licensed Software per platform registered to your FINAL FANTASY XIV Service Account and this entitlement to a free Period is not transferable to any subsequent owner of the media on which the Licensed Software is contained. For clarity, if you register two different platform versions of the Game to your FINAL FANTASY XIV Service Account for the first time, you will receive 60 days of total Free Period. No later than day 25 of the 30 day Free Period you will be sent a reminder notice by email to your registered email address and as an in-Game notice that the Free Period is about to expire and reminding you to register your subscription if you wish to pay and play after the Free Period has expired (the “Reminder Notice”). After the Free Period has ended, your right to continue to play the Game will automatically cease unless you have taken out a recurring Subscription as required under Clause 4.1. If you entered your payment details prior to or during a Free Period and do not wish to continue to play the Game after the Free Period has expired, no Subscription charges will be made to the credit or debit card that you provided and you will no longer have access to the Game PROVIDED THAT you deactivate your FINAL FANTASY XIV Service Account before 12pm GMT on day 30 of the Free Period in accordance with the deactivation procedure set out in Clause 4.9 of this User Agreement. It is your responsibility to cancel your Subscription in accordance with the preceding sentence. No further notices or reminders will be issued. If you are accidently charged within the Free Period for a Subscription, please contact the Square Enix Support Centre at http://support.eu.square-enix.com/rule.php?id=5383&la=2 for a refund upon confirmation. Please note that if you elect to continue your Subscription after the Free Period ends, this charge would properly apply for your next Billing Cycle and a refund will likely be unnecessary. Note: Fees for Additional Items are expressly excluded from the Free Period and shall apply as stated at the point of purchase.
4.4 Recurring Subscription. When the Free Period ends, the recurring FINAL FANTASY XIV Subscription Fee will be charged in full at the beginning of each chosen billing cycle using the payment method that you have chosen to pay for your Subscription (“Billing Cycle”). Billing Cycles are discussed in Clause 4.5 below. Square Enix will provide prior notice of an impending charge during the login process or via email to your registered email account. Subject to the limited exception for initial charges for certain new Subscription Fees explained in Section 4.4(a), all recurring Fees will be combined in a single FINAL FANTASY XIV Subscription Fee billed on the same date in advance, no matter when in the Billing Cycle any particular option (for example, one time password tokens or World Transfer requests) was added to the account.
If you select a longer Billing Cycle, the FINAL FANTASY XIV Subscription Fee charged at the beginning of each Billing Cycle will include the entire covered term (meaning, if you choose a 90-day Billing Cycle, you will pay for all 90 days at once). All charges will be automatically charged to your pre-selected payment method, and once you have been charged for a given Billing Cycle that charge is non-refundable, Subject To the limited exception in Clause 4.8 below and Subject To your statutory rights as a consumer within the jurisdiction where the purchase was made. You agree to pay the appropriate amount each Billing Cycle until you deactivate your FINAL FANTASY XIV Service Account here http://sqex.to/Msp (You must be logged in to your Square Enix Account) or by following the procedures explained at http://support.eu.square-enix.com/rule.php?id=5383&la=2. If you deactivated before the beginning of the next Billing Cycle, yet were billed for the next Billing Cycle, please contact the Square Enix Support Centre at http://support.eu.square-enix.com/contacttop.php?id=903&la=2 for a refund upon confirmation.
(a) Pro-Rated Billing for upgrading Subscription.
You may upgrade your Subscription at any point during a Billing Cycle subject to payment of any additional FINAL FANTASY XIV Subscription Fees. If you upgrade to a higher priced Subscription in the middle of a Billing Cycle, the additional FINAL FANTASY XIV Subscription Fee for that Subscription will be adjusted on a pro-rated basis and charged immediately, subject to our minimum transaction fee. (For example, if you upgrade a Subscription on the 15th day of a 90 day Billing Cycle, you will be billed for the remaining 76 days in your 90-day Billing Cycle.) However, the minimum transaction fee allowed by our billing system at any time when adding a new Subscription is currently €1/£0.70 and subject to change upon prior notice to you even if the pro-rated charge would otherwise be less than €1/£0.70. (For example, if the pro-rated FINAL FANTASY XIV Subscription Fee is only €0.50/£0.50 you will still be charged €1/£0.70.) Please be aware of this minimum transaction fee if you decide to upgrade a Subscription less than 30 days before the end of your Billing Cycle. NOTE: there will be no minimum transaction fee charged if you pay for Subscriptions using Crysta or a Time Card (if available in your territory).
(b) Downgrading Subscription. You may downgrade to a lower priced Subscription at any time. However, the change will not take place until the end of the current Billing Cycle.
(c) Time Cards.
Within certain territories you may be able to purchase a time card for a fixed fee which will grant you access to the Game for a designated period of time as indicated on the time card (“Time Card”) and subject to any specific terms and conditions attached to the Time Card. Any period of game time associated with a Time Card shall only be added to your FINAL FANTASY XIV Service Account at the end of any existing Billing Cycle. Upon expiry of the Time Card, you will need to setup a new Subscription or add an additional Time Card to your FINAL FANTASY XIV Service Account for continued access to the Game.
(d) World Transfers.
You may request to transfer your in-game Playable Character from one world within the Game to another world for a fee and subject to the conditions and restrictions as updated by SQUARE ENIX from time to time found here; http://eu.finalfantasyxiv.com/lodestone/. Note: Any Retainer Characters associated with a Playable Character will be automatically transferred to the destination World upon successful transfer of the Playable Character.
(e) Gift Codes.
You may purchase and/or redeem a gift code in order to gift and/or receive certain Additional Purchases subject to the conditions and restrictions as updated by SQUARE ENIX from time to time found here; http://sqex.to/giftcodeterms
4.5 Billing Cycles. A single Billing Cycle will apply to all recurring Fees. When you first register to play the Game or first commit to a Subscription, you will be given an opportunity to increase the default 30-day Billing Cycle to 90 days or 180 days. If you choose to increase the length of your Billing Cycle, you will be rewarded with a reduced FINAL FANTASY XIV Subscription Fee. Please note that you are only receiving a discounted monthly FINAL FANTASY XIV Subscription Fee because you are agreeing to pre-pay for a longer period, and without prejudice to your statutory rights as a consumer which are not affected no refunds will be given if you choose to stop playing the Game before the pre-paid period ends. You should not change the default 30-day Billing Cycle unless you are prepared to pre-pay for the longer Billing Cycle. Please note that Billing Cycles are equivalent to the length of your recurring Subscription term, or “Period Length,” a term that appears throughout your user manual.
4.6 Changes to Billing Cycles. You may increase or decrease the length of subsequent Billing Cycles at any time. However, the change will not take place until the end of the current Billing Cycle. For example, if you agree to a 90-day Billing Cycle and decide 15 days later to reduce it to a 30-day Billing Cycle, the change will not occur until the 90-day Billing Cycle has ended, at which time, you will be switched to a 30-day Billing Cycle.
4.7 Failed Transactions. If SQUARE ENIX’s attempt to charge/debit your pre-selected payment method fails, you may lose access to the Game when your Subscription expires until you resolve the issue. If you have lost access, your next Billing Cycle will begin on the date you successfully pay. SQUARE ENIX does not charge late fees or interest for access to the Game. SQUARE ENIX will not be liable for any loss of game play/character history/Crysta/Time Card or other in-game assets lost as a result of any suspension or loss of access by any user to the Game pursuant to this Clause 4.7 and without prejudice to your statutory rights as a consumer.
4.8 Pro-Rated Refunds in Exceptional Circumstances Only. The entirety of your FINAL FANTASY XIV Subscription Fee and/or fee for any Additional Items purchased is applied by SQUARE ENIX to the FINAL FANTASY XIV Service Account on the day that it is charged. Without prejudice to your statutory rights as a consumer which are not affected, all charges related to the Game are non-refundable unless third-party criminal activity is involved, as determined by SQUARE ENIX or a refund is required as a result of any law or regulation in the relevant jurisdiction where the FINAL FANTASY XIV Subscription Fee has been paid. Therefore, if you deactivate your FINAL FANTASY XIV Service Account in the middle of a 90-day Billing Cycle, you will not receive a refund for the remainder of the Billing Cycle, but may continue to play the Game until the Billing Cycle ends.
Notwithstanding the foregoing, if SQUARE ENIX revises the License Agreement or this User Agreement and you reject either when they are first presented to you for acceptance, you will be required to deactivate your FINAL FANTASY XIV Service Account and will immediately lose access to the Game. In such circumstances, upon request, SQUARE ENIX shall refund you a portion of the most recently-billed FINAL FANTASY XIV Subscription Fee.
4.9 Deactivation of Subscription. You may deactivate your FINAL FANTASY XIV Service Account at any time here http://sqex.to/Msp (You must be logged in to your Square Enix Account) or by following the procedures explained http://support.eu.square-enix.com/rule.php?id=5383&la=2. Other than the exception explained in Clause 4.4(a), no further billing related to the deactivated FINAL FANTASY XIV Service Account will occur until you reactivate by following the procedures explained at http://support.eu.square-enix.com/rule.php?id=5383&la=2 If you believe that you have been accidently charged by SQUARE ENIX after you deactivated, please contact the SQUARE ENIX Support Centre at http://support.eu.square-enix.com/contacttop.php?id=903&la=2 for a refund upon confirmation.
4.10 Reactivation of FINAL FANTASY XIV Service Account. You may reactivate your FINAL FANTASY XIV Service Account at any time, so long as the Game is still made available by SQUARE ENIX and account-related data has not been deleted or corrupted. If you reactivate your FINAL FANTASY XIV Service Account prior to the end of the current Billing Cycle (meaning, while you still have access), you will retain your original Billing Cycle and will not have to pay another FINAL FANTASY XIV Subscription Fee for that period. Otherwise, your new Billing Cycle will commence on or about the first day you reactivate your FINAL FANTASY XIV Service Account (subject to adjustment by SQUARE ENIX).
4.11 About FINAL FANTASY XIV Service Accounts. You may have no more than eight FINAL FANTASY XIV Service Accounts attached to a single SQUARE ENIX Account.
4.12 Cancellation Rights. If you are contracting with us as a consumer, subject to the provisions of this Clause 4.12 you may cancel your Subscription within 14 days of the date of first agreeing to take out a Subscription, by following the procedures explained at http://support.eu.square-enix.com/rule.php?id=5383&la=2. Where you exercise your cancellation right in accordance with this Clause 4.12 you will receive a full refund of the FINAL FANTASY XIV Subscription Fee for the Billing Cycle you agreed to take out at the beginning of the Subscription. A refund of the relevant FINAL FANTASY XIV Subscription Fee shall be the maximum extent of our liability in respect of the cancellation of the Subscription in question.
IMPORTANT NOTICE: TO BENEFIT FROM THIS CANCELLATION RIGHT YOU MUST NOT PLAY THE GAME OTHER THAN FOR THE DURATION OF ANY FREE PERIOD IN ANY WAY. YOUR CANCELLATION RIGHTS UNDER THIS CLAUSE 4.12 SHALL NOT APPLY WHERE YOU HAVE COMMENCED OR (FOLLOWING THE FREE PERIOD) CONTINUED TO PLAY THE GAME OR USE ANY PART OF OUR SERVICES FOR ANY PART OF THE PERIOD LENGTH IN THE BILLING CYCLE CONCERNED.
4.13 Refund Requests. To request a refund in accordance with your statutory rights as a consumer, please contact FINAL FANTASY XIV Customer Services here http://support.eu.square-enix.com/contacttop.php?id=903&la=2. If a third party obtains access to a FINAL FANTASY XIV Service Account by use of a User’s SQUARE ENIX ID and password, the User must notify SQUARE ENIX immediate