I called my bank asked them if a "Product was not as described." aka playable, could I get a charge back they said yes, I told them the situation, they looked some stuff up online about it and they gave me my charge back. The lady even went on to say it is not uncommon at the launches of games like this to get charge backs for interupted services, and that it is perfectly legal because the game is "Not as described".
In addition, in order to avoid server congestion related issues from multiple characters concentrating in the starting areas, we may implement restrictions on logins and/or the creation of new characters for a period of time after the servers open to the public.
I am sorry but SE does not have the legal right to restrict, block, or moderate player access to the servers when said server is online and functional.
We are now paying for FULL access, this is the kind of thing class action lawsuits are filed and won over.
Imagine what would happen if we decided to lock them out of billing our credit cards during during periods of high congestion?
In fact this exact issue was decided in court before in favor of the players when blizzard did it and those in that lawsuit got 3-6 months of free UNRESTRICTED access as settlement.
if they didnt do this we owuldnt be playing anyways no one would cause the servers would implode
In addition, in order to avoid server congestion related issues from multiple characters concentrating in the starting areas, we may implement restrictions on logins and/or the creation of new characters for a period of time after the servers open to the public.
I am sorry but SE does not have the legal right to restrict, block, or moderate player access to the servers when said server is online and functional.
We are now paying for FULL access, this is the kind of thing class action lawsuits are filed and won over.
Imagine what would happen if we decided to lock them out of billing our credit cards during during periods of high congestion?
In fact this exact issue was decided in court before in favor of the players when blizzard did it and those in that lawsuit got 3-6 months of free UNRESTRICTED access as settlement.
Nope - read your EULA. They own the game - you don't. They can do whatever they want and you just get a license to play it. They can literally do whatever they want.
firstly your all talking shit, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/31837/10-1125-consumer-rights-in-digital-products.pdf > is the UK white paper on guidelines to digital rights, in effect you've purchased a product (the game) they have supplied , you have paid your subs which then gives you access for period of time agreed upon by payment, if for the whole duration of period they do NOT allow you access to game (this means on any server at any time) then you have right to refund thats about it.
So until 720 of continious blocks occur on EVERY SERVER then you whistle.
nb this only covers UK law generally but still applies as a consumer in the EU (the us im not sure about)
Thanks point 1
point 2 .. I can do nothing but laught my cheesy nuts off at the amount of players i see in this post who just 72-144 hours ago on this very forum said something like
"dont worry its only open beta these problems are to be expected " or
"it will be sorted by release day they are doing this to check the load"
and here we are 24hours after release with the same problem
when are you fanboys going to complain with your wallets and get refunds and not play the game, or you just going to bitch and moan on a faceless forum but then log in when alt-tabbing
How many have even bothered to claim a refund but are sat here pretending they have this or that right.
simply put boys n' girls
put up or shut up.
The problem is your buying the software for your computer and limited software on there servers. You not really paying for access during your free trail. It is simpler to dispute the charge as you do have the right with visa, mastercard or discover.
for those interested heres the user agreement theres a second agreement for accesing there servers i believe
Rule & Policies
FINAL FANTASY® XIV User Agreement
LastUpdated: 8/24/2013
NOTE: The FINAL FANTASY XIV User Agreement will come into effect on August 24, 2013
Welcome to FINAL FANTASY® XIV (the “Game”or the “Service”). In order to play the Game, you (“You”or “User”) must first agree to this FINAL FANTASY XIV UserAgreement (“User Agreement”) between you and Square Enix, Inc. (“SquareEnix”). PLEASE READ THIS USER AGREEMENT CAREFULLY. If you agree by checking the box next to the statement “I accept the User Agreement”or “I accept the terms of the above agreement(s)” you declare that youhave read this User Agreement, you understand the terms of this User Agreement,and you agree to be bound by this User Agreement on behalf of yourself and, ifyou are under the age of 18, on your behalf by your parent or legal guardian. Onceyou agree, you will be contractually bound to the terms below, which shallgovern all aspects of your use of the Game. No one under the age of 13may play the Game.
If you reject this User Agreement, thenyou will not be authorized to play the Game. In that case, you may eitherreturn the Game to the place of purchase subject to that retailer’s guidelines,or you may contact Square Enix to request a full discretionary refund (whichwill not include shipping and handling) if all of the following conditions aremet:
(1) Youare unable to obtain a refund or exchange from the place of purchase; and
(2) Yourequest the refund within thirty (30) days of purchase; and
(3) Youhave not already accepted this User Agreement; and
(4) Youhave not already entered the Registration Code accompanying your copy of theGame; and
(5) Youpurchased your copy of the Licensed Software in, and are currently located in,the United States or Canada.
Your special attention is directed toSection 4, which concerns the auto-renewing subscription process.
1. YOUR LIMITED LICENSE TO THE GAME AND SERVICE AND LACK OF OWNERSHIPRIGHTS
The Game includes software that isinstalled on your computer, as periodically updated by Square Enix (“LicensedSoftware”), as well as data that Square Enix maintains on itsservers. Subject to your continued compliance with the conditions setforth in this User Agreement, Square Enix grants you a limited license to usethe Game. In order to play the Game, in addition to this User Agreement,you must also agree to the FINAL FANTASY XIV Software License Agreement (“LicenseAgreement”), which grants you a license to use the Licensed Softwarerequired to play the Game, the Square Enix Privacy Policy available at http://na.square-enix.com/privacypolicy (“PrivacyPolicy”), and the Square Enix Account Terms of Use. The LicenseAgreement, Privacy Policy and Square Enix Account Terms of Use are incorporatedby reference into this User Agreement (collectively, the “Agreements”). The terms of this User Agreement supersede any conflicting terms in theFINAL FANTASY XIV User Manual.
All aspects of the Game(including but not limited to the Game computer code, updates, patches,expansion packs, characters, character names, character data, virtual items,character profile information, (non-personal) account information, chattranscripts, artwork, plot, dialogue, locations, sounds and music) are owned bySquare Enix or its licensors. You do not have any property rights in the serviceaccount you use to play the Game (“FINAL FANTASY XIV Service Account”or “FFXIV Service Account”).
YOU ACQUIRE NO OWNERSHIP OR PROPERTYRIGHTS IN ANY CHARACTER OR OTHER IN-GAME VIRTUAL GOOD, AND ARE ONLY LICENSED TOUSE SUCH CHARACTERS AND ASSETS ASSOCIATED WITH YOUR FFXIV SERVICE ACCOUNTSUBJECT TO THE CONDITIONS SET FORTH IN THE AGREEMENTS. YOU AGREE THATYOUR FFXIV SERVICE ACCOUNT AND ANY VIRTUAL GOODS AND CHARACTERS DO NOT HAVE ANYMONETARY VALUE. SQUARE ENIX MAY SUSPEND, TERMINATE, MODIFY, OR DELETE FFXIVSERVICE ACCOUNTS, CHARACTERS, VIRTUAL GOODS, OR THE SERVICE ALTOGETHER, AT ANYTIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE OR LIABILITY TOYOU.
2. LICENSE LIMITATIONS
The Game is a carefully controlledenvironment designed to provide the maximum level of enjoyment for allplayers. In order to preserve an enjoyable experience for all users, andto protect the intellectual property rights of Square Enix, the activitiesidentified in this Section 2 (“License Limitations”) are strictlyprohibited and violate the conditions or limitations on your license to use theGame. Therefore, any use of the Game in violation of such restrictionsexceeds the scope of the License granted to you and constitutes infringement ofyour license, and is grounds for immediate revocation of your license. Useof the Game in excess of these provisions, or use at all after your license isrevoked (including loading the Game into your computer’s RAM), infringes SquareEnix’s copyrights to the Game.
Violating these License Limitations mayresult in the suspension or permanent banning of your account, or such other lessermeasures described in Section 3 which Square Enix may take in its solediscretion, or an action for copyright infringement or other legal claims, allof which are reserved. You agree that offering or providing bannedservices to other players of the Game constitutes improper interference with SquareEnix’s contracts with such players, and Square Enix reserves the right to takeformal legal action against you if you do so, without warning.
Square Enix may update the list ofLicense Limitations at http://sqex.to/ffxiv.na.support atany time. The current License Limitations are as follows:
2.1 Cheatingand Botting. You may not create or use any unauthorized cheats,bots, automation software, hacks, mods or any other unauthorized software orhardware designed to modify the Game and gameplay. In addition, you may nottake advantage of game system bugs and exploits during gameplay.
2.2 Real Money Trading, Farming and Power-Leveling. Youmay 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. Youmay not play the Game for the purpose of acquiring virtual items or advancementin game play on behalf of a third-party or for the purpose of selling anyvirtual assets to a third party for real-world money, specifically including “gold-farming”and power-leveling services.
2.3 CommercialUse. 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 cybercafé) without Square Enix’s prior written consent.
2.4 PrivateServers. You may not create, operate, participate inor use any unauthorized servers intended to emulate the Game.
2.5 DataMining. You may not intercept, mine or otherwisecollect information from the Game using unauthorized third party software.
2.6 Hackingand Circumvention. You may not hack, disassemble,decompile, or otherwise modify the Game or server computer code, whether theGame code is located on a DVD, Blu-rayTMdisc, your computer/console or on Square Enix’s servers, except as expressly permittedby Square Enix or applicable law.
2.7 Modifying or Creating DerivativeSoftware. You may not modify or cause to be modifiedany files that are a part of the Game or Service in any way not expresslyauthorized 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 distributeadvertisements.
3. PROHIBITED ACTIVITIES
In addition to the License Limitations,there are other activities that you are forbidden from doing in connection withthe Game (“Prohibited Activities”). In its discretion, SquareEnix may use a variety of methods to deal with violations of this UserAgreement and the Prohibited Activities, including, but not limited to, any ofthe following:
· Issuinga warning;
· Placinga character in a “virtual jail” for a specified period of time;
· Removingor deleting ill-gotten in-game items or currency;
· Temporarilysuspending an account;
· Permanentlyterminating an account;
· Permanentlybanning your IP address, residential address, or credit card number;
· Assertinga lawsuit for breach of contract, copyright infringement, or other cause ofaction as may be applicable; and/or
· Seekinginjunctive relief in any court or jurisdiction to prevent you from continuingsuch activity.
In addition, Square Enix shall beentitled to terminate any FFXIV Service Account (immediately and withoutnotice) of any User who (1) was previously suspended or terminated by SquareEnix and who Square Enix believes (in its sole discretion) re-registered usingdifferent registration information in order to circumvent or bypass suchsuspension or termination, or (2) Square Enix believes (in its sole discretion,based upon any information available, including registration and accountinformation) that such User is enabling or assisting another User to conductany Prohibited Activities of any kind.
SquareEnix may update the list of Prohibited Activities at http://sqex.to/ffxiv.na.support atany 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 EnixID and password) with anyone except your legal guardian, your minor child, or SquareEnix. You are responsible for maintaining the confidentiality of youraccount and login information, even from your friends and family. If youviolate this provision, you may unexpectedly lose access to your account to athird party without recourse against Square Enix. Square Enix will not beobliged to credit your Square Enix Account with Crysta or other points orawards, which may have been used by a third party as a result of the violationof this clause.
3.2 Disruption. You may not in any way disrupt or interfere with the Game experience of otherplayers, 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 findoffensive. The Game is for players aged 13 and older. You agree tobehave accordingly.
3.4 Impersonation. You may not impersonate any person or entity or fraudulently hold yourself outas a Square Enix employee, representative, or any other Square Enix-connectedperson or being affiliated with any such person or entity. This means youcannot log into someone else’s account, or deceive or mislead other people asto your identity. For your own safety, we encourage users to safeguardtheir privacy, remain anonymous, and never give out personal information toother users.
3.5 Naming Right. You may not use any name or other intellectual property belonging to SquareEnix or any other third party in your use of the Game (for example, naming acharacter after a celebrity, company, product, or superhero).
3.6 Any Illegal Activities. You may not conduct any illegal activities whatsoever in connection with theGame. This includes every illegal activity not specifically highlightedabove, including without limitation gambling, defamation, harassment, and fraud.
3.7 False Account Information. You may not provide Square Enix with false information during the registrationprocess. Any inaccurate or non-current account information may make itimpossible for Square Enix to provide you with notice.
3.8 Chargebacks. You are authorizing all fees charged under this User Agreement until youproperly deactivate your account. Therefore, you may not falsely notifyyour credit card or debit card provider that you did not authorize theautomatic recurring charge. If you are using a parent’s credit card, youmust have their authorization for recurring billing.
3.9 Non-Commercial Spamming/Spimming. Youmay not use (or abuse) the in-game chat and message services to harass otherplayers.
4. BILLING PROCEDURES AND RECURRING TRANSACTIONS
4.1 FINAL FANTASY XIV Subscription Fees. In order to access SQUAREENIX’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 subscriptionfee (“FFXIV Subscription Fee”). Square Enix may offerdifferent subscription plans in its sole discretion. Further, Square Enix mayoffer you the chance to purchase additional features for your FFXIV ServiceAccount, which we call “Add-ons” or “Options.” Add-ons may be subject to either additional recurring feesor one-time fees. A “Recurring Fee” is a fee that will becharged on a recurring basis until you terminate your subscription. A “One-TimeFee” is fee that is only charged once. All fee rates will be posted at http://sqex.to/ffxiv.na.fees andany changes to Recurring Fee rates will be posted with 30 days’ advance noticeand notice will be provided to the Game community. Square Enix maychange fee rates at any time in its sole discretion, and will use reasonable effortsto notify you at least 30 days in advance of any changes to any Recurring Fees.All FFXIV Subscription Fees are billed in advance. All FFXIVSubscription Fees are non-refundable, with the limited exception in Section 4.7below.
4.2 Thirty Days of Free Play PerService Account Per Platform. For all new FFXIV Service Accounts,the first 30 days of gameplay (“Free Period”) is included withyour purchase of the Licensed Software in new, unopened (or uninstalled,for digital downloads) condition from an authorized vendor. After theFree Period has ended, you have no further rights to access Square Enix’sservers unless you pay the subscription fee in accordance with the terms hereinor Square Enix otherwise agrees to provide you with access to its servers. If you are accidently charged within the Free Period, please contact the SquareEnix Support Center at http://sqex.to/ffxiv.na.support for a refund upon confirmation. The 30 days of free gameplay will NOT beprovided to any existing FFXIV Service Accounts that subsequently purchase theLicensed Software on the same platform. In other words, if you are creating anew FFXIV Service Account and purchase the PC version of the Licensed Software,you will receive the Free Period. If you subsequently purchase and install asecond copy of the PC Version, then you will not receive another FreePeriod on your existing FFXIV Service Account, but you will receive the free 30days if you create a new FFXIV Service Account. If you subsequentlypurchase a PlayStation version of the Licensed Software, then you willreceive 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 Gamewill automatically become subject to a recurring subscription. Therecurring FFXIV Subscription Fee will be charged in full at thebeginning of each billing cycle (“Billing Cycle”). BillingCycles are discussed in Section 4.4 below. Square Enix may provide priornotice of an impending charge during the login process or via email to yourregistered email account. Subject to the limited exception for initial chargesfor certain new fees explained in Section 4.3(a), all Recurring Fees will becombined in a single FFXIV Subscription Fee billed on the same date, regardlessof when in the Billing Cycle any modifications were made to the FFXIV ServiceAccount (such as adding a new Recurring Fee).
Ifyou select a longer Billing Cycle, the FFXIV Subscription Fee charged at thebeginning 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 atonce). All charges will be automatically charged to your preselectedpayment method, and once you have been charged for a given Billing Cycle, thatcharge isnon-refundable, subject to the limited exception inSection 4.7 below. You agree to pay the appropriate amount each BillingCycle until you deactivate your FFXIV Service Account by following theprocedures explained at http://sqex.to/ffxiv.na.cancel. If you deactivated before the beginning of the next Billing Cycle, yet werebilled for the next Billing Cycle, please contact the Square Enix SupportCenter at http://sqex.to/ffxiv.na.support fora refund upon confirmation.
(a) ProRata Billing for Recurring Fees During Billing Cycle. If you add a new Recurring Fee in the middle of a Billing Cycle, the currentBilling Cycle’s charge for that additional Recurring Fee will be adjusted on a prorata 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 15thday of a 90-day Billing Cycle, you will be billed for the remaining 76 days inyour 90-day Billing Cycle. Please note that the minimum transactionfee allowed by our billing system for credit card/debit card users at any timeis currently USD$1.00 per transaction (and subject to change upon notice toyou), 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$0.57for, you will be charged USD$1.00.
(b) One-timeFees Billed Immediately. Any One-Time Fees that you incur willbe immediately charged to your preselected payment method, and arenon-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 firstregister to play the Game or first commit to a Subscription, you will be givenan opportunity to increase the default 30-day Billing Cycle to 60 days or 90days. If you choose to increase the length of your Billing Cycle, youwill be rewarded with a reduced FFXIV Subscription Fee. Please notethat you are only receiving a discounted monthly FFXIV Subscription Fee becauseyou are agreeing to prepay for a longer period, and no refunds will begiven 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 preparedto prepay for the longer Billing Cycle.
4.5 Changes to Billing Cycles. You may increase or decrease the length of subsequent Billing Cycles at anytime. However, the change will not take place until the end of thecurrent Billing Cycle. For example, if you agree to a 90-day BillingCycle and decide 15 days later to reduce it to a 30-day Billing Cycle, thechange 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 youresolve the issue. If you have lost access, your next Billing Cycle willbegin on the date you successfully pay. Square Enix does not charge latefees or interest for access to the Game.
4.7 Refunds in Exceptional CircumstancesOnly. The entirety of your FFXIV Subscription Fee is applied by Square Enix to the FFXIVService Account on the day that it is charged. All charges related to theGame are non-refundable unless third-party criminal activity is involved, asdetermined by Square Enix. Therefore, if you deactivate your FFXIVService Account in the middle of a 90-day Billing Cycle, you will not receive arefund for the remainder of the Billing Cycle, but may continue to play theGame until the Billing Cycle ends.
Notwithstandingthe foregoing, if Square Enix revises the License Agreement or this UserAgreement and you reject either when they are first presented to you foracceptance, you will be required to deactivate your FFXIV Service Account andwill immediately lose access to the Game. In such circumstances, uponrequest, and if the revision was material, Square Enix may refund you a prorata portion of the most recently-billed FFXIV Subscription Fee. In orderto combat fraud, Square Enix will only issue these extraordinary refunds to thepayment method(s) used for the relevant transaction(s).
4.8 Deactivation of Subscription. You may deactivate your FFXIV Service Account and/or any individual RecurringFees at any time. Other than the exception explained in Section 4.3(a), nofurther billing related to the deactivated FFXIV Service Account will occuruntil you reactivate by following the procedures explained at http://sqex.to/ffxiv.na.support. Ifyou believe that you have been accidently charged by Square Enix after youdeactivated, please contact the Square Enix Support Center at http://sqex.to/ffxiv.na.support fora refund upon confirmation.
4.9 Reactivationof FFXIV Service Account. You may reactivate your FFXIVService Account at any time, so long as the Game is still made available by SquareEnix and account-related data has not been deleted or corrupted. If youreactivate your FFXIV Service Account prior to the end of the current BillingCycle (meaning, while you still have access), you will retain youroriginal Billing Cycle and will not have to pay another FFXIV Subscription Feefor that period. Otherwise, your new Billing Cycle will commence on orabout the first day you reactivate your FFXIV Service Account (subject toadjustment by Square Enix).
4.10 AboutFINAL FANTASY XIV Service Accounts. You mayhave a limited number of FFXIV Service Accounts attached to a single SquareEnix Account.
5. INTERRUPTION TO THE SERVICE
Fromtime to time, in order to provide our customers with the optimal gamingexperience, it is necessary for Square Enix to conduct routine maintenance onthe computers and/or servers that support the Game. During these times,access to the Game or support services may be interrupted. Access mayalso betemporarily suspended in whole or in part, without notice, due to emergencyrepairs, fire, flood, explosion, war, strike, embargo, governmental action orfailure to act, the act of any civil or military authority, act of God, or byany other causes beyond Square Enix’s control, orany other reasons for which Square Enix, in its sole discretion, deemsthat temporary suspension is necessary. Youacknowledge that disruptions of service may occur and waive any causes ofaction against Square Enix in any way arising from or related to any suchdisruptions of service.
6. INTERNET ACCESS AND EQUIPMENT
Youare solely responsible for obtaining and maintaining, at your own expense, allequipment (such as modems, computers, or videogame consoles) and internetaccess necessary to play the Game, and for ensuring such equipment and servicesare compatible with all requirements of the Game.
7. PRIVACY AND USE OF INFORMATION
By playing the Game, you agree to SquareEnix’s Privacy Policy, which is incorporated into this User Agreement byreference. The Privacy Policy governs how Square Enix will use andshare your information, except as modified herein. You agree that SquareEnix 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 acknowledgethat Square Enix will be monitoring your use of the Game to help youplay the Game, for our internal analysis to help us improve our games andservices, to investigate disruptive activities or Prohibited Activities, and toconfirm that you are abiding by the terms of this User Agreement and relatedagreements.
In order to protect SquareEnix’s staff and customers, Square Enix may cooperate with federal, state and locallaw enforcement with or without the receipt of a formal subpoena or searchwarrant. You acknowledge and consent that Square Enix may provide yourelectronic communications and data, including e-mails and chat logs, to suchgovernment 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 XIVcome with a special registration code (“Buddy Pass”) that will allow aholder to invite a friend to try aspects of FINAL FANTASY XIV for a limitedtime. If you have a Buddy Pass, you may lend your Licensed Software toanother person in the North American Region for this limited purpose. Section 2.1 of the License Agreement you previously entered into is herebytemporarily modified to allow for the limited and restricted use of theLicensed Software in connection with a Buddy Pass. The user of the BuddyPass will have to agree to a series of agreements, including but not limitedto, the License Agreement, the Square Enix Account Terms of Use and this UserAgreement in order to install and use the Licensed Software. Access tothe Game via a Buddy Pass may be terminated by Square Enix at any time, for anyreason, with or without prior notice.
9. TERM AND TERMINATION
This User Agreement will begin when youfirst agree to it and will remain in effect until terminated. Square Enixmay terminate this User Agreement at any time without notice. Square Enixreserves the right to discontinue publishing the Game in your country at anytime, at which time the User Agreement will be terminated for all affectedUsers. As described in Section 3 (Enforcement for Violations) above,breach of this User Agreement may automatically terminate your license to usethe Game. Upon any termination of this User Agreement, the LicenseAgreement or the Square Enix Account Terms of Use, you must uninstall, deleteand/or destroy all copies of the Game (including all of its component parts) inyour possession. The following sections shall survive any termination ofthis User Agreement: 1 (excluding the terminated license grant), 2, 3, 4,7, 9, 10 and 11.
10. DISPUTES
10.1 Agreement to Arbitrate. Certain portions of this Section 10 aredeemed to be a “written agreement to arbitrate” pursuant to the FederalArbitration Act. You and Square Enix agree that we both intend thisSection 10 to satisfy the “writing” requirement of the Federal Arbitration Act.
10.2 First: Try to Resolve Disputes. Except for ExcludedDisputes (as defined below in Section 10.5), if any controversy, allegation, orclaim arises out of or relates to the Game, the Licensed Software, this FFXIVUser Agreement, or any additional terms, whether heretofore or hereafterarising (collectively, “Dispute”), or to any of Square Enix’sactual or alleged intellectual property rights, then you and we agree to send awritten 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 toyou based on the most recent contact information that you provide us. Ifno such information exists or if such information is not current, or if for anyreason you do not respond to us within four (4) weeks of the date we sent thenotice, then we have no further obligation under this Section 10.2. Yournotice to us must be sent to: Square Enix, Inc., Attn: Legal Dept., 999N. 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 Enixand 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 onterms with respect to which you and Square Enix, in each of our solediscretion, are not comfortable.
10.3Second: Forums for Alternative Dispute Resolution.
(a)Arbitration. If we cannot resolve a Dispute as set forth in Section 10.2 within sixty (60)days of receipt of the notice, then either you or we may submit the Dispute toformal arbitration on an individual basis in accordance with this Section 10.3.
Uponexpiration of the applicable sixty-day period and to the fullest extentpermitted by applicable law, a Dispute will be resolved solely by bindingarbitration on an individual basis in accordance with the then-currentCommercial Arbitration Rules of the American Arbitration Association (“AAA”). If you prevail in your claim against Square Enix, then Square Enix shall payall arbitration fees. Square Enix agrees that you may appear at any arbitrationproceeding 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 thearbitration will be heard and determined by a single neutral arbitrator who isa retired judge or a lawyer with not less than fifteen (15) years experience asa practicing member of the bar in the substantive practice area related to theDispute, who will administer the proceedings in accordance with the AAA'sSupplementary Procedures for Consumer Related Disputes. If the Disputehas a claimed value of more than $250,000, or if Square Enix elects in its solediscretion to bear the costs of arbitration in excess of those that would occurfor a proceeding before a single neutral arbitrator, then the arbitration willbe heard and determined by a three-member panel, with one member to be selectedby each party and the third (who will be chair of the panel) selected by thetwo party-appointed members or by the AAA in accordance with the CommercialArbitration Rules. The arbitrator or arbitration panel, as the case maybe, will apply applicable law and the provisions of this FFXIV User Agreement andany additional terms, will determine any Dispute according to the applicablelaw and facts based upon the record and no other basis, and will issue areasoned award.
Youcan obtain AAA procedures, rules, and fee information as follows:
(b)Nature,Limitations, and Location of Alternative Dispute Resolution. Inarbitration, as with a court, the arbitrator must honor the terms of FFXIV UserAgreement (and any additional terms) and can award the prevailing party damagesand other relief (including attorneys’ fees). However, WITH ARBITRATION(A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATIONOUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OFTHE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration willhave the right, at their own expense, to be represented by an attorney or otheradvocate of their choosing. Any arbitration proceeding shall be held at avenue in Los Angeles, CA. Square Enix agrees that you may appear at anyarbitration proceeding by telephone, unless the amount in controversy is$10,000 or more, in which case the arbitrator may require you to travel to LosAngeles at your own expense. You and we will pay the administrative andarbitrator’s fees and other costs in accordance with the applicable arbitrationrules; but if applicable arbitration rules or laws require Square Enix to pay agreater portion or all of such fees and costs in order for this Section 10 tobe enforceable, then Square Enix will have the right to elect to pay the feesand costs and proceed to arbitration. If you prevail in your claimagainst Square Enix, then Square Enix agrees to reimburse you for allarbitration fees and your reasonable, documented travel expenses (if any)incurred to attend arbitration hearings where your physical presence isrequired by the arbitrator. Discovery will be permitted pursuant to theapplicable arbitration rules. The arbitrator’s decision must consist of awritten statement stating the disposition of each claim of the Dispute, andmust provide a statement of the essential findings and conclusions on which thedecision and any award (if any) is based. Judgment on the arbitrationdecision and award (if any) may be entered in or by any court that hasjurisdiction over the parties pursuant to Section 9 of the Federal ArbitrationAct.
10.4 LimitedTime to File Claims. TO THE FULLEST EXTENT PERMITTEDBY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST SQUARE ENIX, THENYOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 10.2)WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, OR ELSE IT SHALL BE FOREVERBARRED.
10.5 Injunctive Relief. The foregoing provisions of this Section 10 willnot apply to any legal action taken by Square Enix to seek an injunction orother equitable relief in connection with any loss, cost, or damage (or anypotential loss, cost, or damage) relating to the Game, the Licensed Software,this FFXIV User Agreement, any additional terms and/or Square Enix’sintellectual property rights (including such Square Enix may claim that may bein dispute), Square Enix’s operations, and/or Square Enix’s products orservices (collectively, “Excluded Dispute”).
10.6 Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim ofDisputes (but not Excluded Disputes) in small claims court, subject to Section10.8.
10.7 No Class Action Matters. Disputes will be arbitrated only on anindividual basis and will not be consolidated with any other arbitration orother proceeding that involves any claim or controversy of any otherparty. But if, for any reason, any court with competent jurisdiction orany arbitrator selected pursuant to Section 10.3 holds that this restriction isunconscionable or unenforceable, then our agreement in Section 10.3 toarbitrate will not apply and the Dispute must be brought exclusively in courtpursuant to Section 10.8.
10.8 Federal and State Courts in Los Angeles. Except to the extent thatarbitration is required in Section 10.3, and except as to the enforcement ofany arbitration decision or award, any action or proceeding relating to anyDispute or Excluded Dispute may only be instituted in state or federal court inLos Angeles County, California. Accordingly, you and Square Enix consentto the exclusive personal jurisdiction and venue of such courts for suchmatters.
10.9 Limited Liability/Remedy. TO THE MAXIMUM EXTENT PERMITTED BY LAW,SQUARE ENIX AND/OR ITS AFFILIATES HAVE NO LIABILITY TO YOU WHATSOEVER, AND INNO EVENT WILL SQUARE ENIX AND/OR ANY OF ITS PARENT, SUBSIDIARY, OR AFFILIATEDCOMPANIES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO,SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA,REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR INCONNECTION WITH THIS AGREEMENT, YOUR USE OF THE GAME OR OTHER MATERIALSPROVIDED TO YOU BY SQUARE ENIX, REGARDLESS OF THE LEGAL THEORY. UNDER NOCIRCUMSTANCES WILL SQUARE ENIX BE LIABLE TO YOU FOR MORE THAN A REPLACEMENTCOPY OF THE GAME, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
10.10 Injunctive Relief. In no event will you be entitled to obtain anyinjunctive relief or otherwise enjoin, restrain, or otherwise interfere withSquare Enix or with the distribution, operation, development, or performance ofthe Game or any related products or services.
11. GENERAL TERMS
11.1 Indemnification. You agree to indemnify and hold harmless SquareEnixand its parent, subsidiaries, affiliates, partners, officers, employees andagents from any claim, demand, or loss (including reasonable attorney’s feesand court costs) incurred due to your usage of the Game, your engagement inProhibited Activities, and/or arising out of or related to content you submit,post, link to, transmit, or make available through the Game, your violation ofthis User Agreement, or your violation of any rights of another User.
11.2 Disclaimer of Warranties. ASIDE FROM THEEXPRESS WARRANTY PROVIDED WITH THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BYLAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS ORIMPLIED, REGARDING THE GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNONINFRINGEMENT. SQUARE ENIX IS MAKING THE GAME AVAILABLE "AS IS"WITHOUT ANY FURTHER WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALLDAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE GAME. SQUARE ENIX DOES NOTWARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THEGAME WILL BE UNINTERRUPTED OR ERROR-FREE.
11.3 UserDisputes. You shall be solely responsible for resolving any and all disputes that mayarise between you and other Users in connection with the Game, and for payingany and all expenses incurred by you in connection with resolving suchdispute. Square Enix shall not be responsible for mediating or resolvingany such disputes and shall have no liability to you or to any third party forany costs, fees, expenses, damages or other losses incurred in connection withor as a result of any such disputes.
11.4 Severability. Ifany sentence or any provision of this User Agreement is determined by any courtof competent jurisdiction to be invalid or unenforceable, such sentence orprovision will be interpreted to the maximum extent to which it is valid andenforceable, all as determined by such court in such action, and the remainingsentences and provisions of this User Agreement will, nevertheless, continue infull force and effect without being impaired or invalidated in any way.
11.5 No Waiver. No waiver by Square Enix of any term, provision orcondition of this User Agreement shall be deemed to be or construed as a waiverof any other term, provision or condition of this User Agreement. No SquareEnix customer service representative or any other personnel of Square Enix whointeracts with you is legally empowered to bind Square Enix to any amendment orwaiver of the terms of this User Agreement.
11.6 Assignment. Square Enix shall have the right to assignand/or delegate in its sole discretion its rights and obligations under this UserAgreement in whole or in part to a third party at any time without notice toUsers. Each User’s rights are personal to such User and may not beassigned.
11.7 Entire Agreement. This User Agreement, together with theLicense Agreement, the Square Enix Account Terms of Use, the Privacy Policy,and any other terms of use relevant to your use of the Game, such as the usermanual, constitutes the entire understanding and agreement between the partieswith respect to your use of the Game and supersedes any and all prior orcontemporaneous oral or written communications with respect to the subjectmatter hereof, all of which are merged herein. This User Agreement shallform a part of your License Agreement and is expressly incorporated into thatagreement by this reference. In the event of any conflict between this UserAgreement and the License Agreement, the terms of this User Agreement shallprevail; provided, however, that for all matters that are not covered in thisUser Agreement, the terms of the License Agreement, the Square Enix Account Termsof Use, or the Privacy Policy (as applicable) shall continue to apply.
11.8 Changes to this User Agreement. SquareEnix reserves the right, at its sole discretion, to change, modify, add to,supplement or delete any of the terms and conditions of this User Agreement orthe way that the Game operates at any time. Square Enix will notify youof such changes in one of the following ways at its sole discretion: through a patch, email, postal mail, website posting, pop-up screen or in-gamenotice. If you do not agree to any such change or modification, you mayterminate this User Agreement by uninstalling the Licensed Software anddestroying your copy(ies). Your continued use of the Game following anyrevision to this User Agreement will demonstrate your full acceptance of anyand all such changes.
Originally posted by Kyleran To all the junior lawyers in this thread, if there really was a way to sue and win against TOS provisions and make any money from it the pros would be all over it.
The fact they aren't tells you what your rights really are.
You sir are wrong sorry. There have been tons of lawsuits filed and won against game developers, and publisher, and providers.
The issue is that ALL of the settlements included NDA's to try and keep other consumers from knowing their rights and what they are entitled to.
As part of the settlement I've been talking about with Blizzard part of that settle gave a free month to ALL active subscribers at the time. MOST players thought Blizzard was being " nice " and giving free time for the problems they were having.
Truth is that free month for the non participants, and the 3-6 months for the participants came because some people did know their legal rights under consumer protection and e-commerce laws and provisions.
Sorry.
Sorry, but you lost any bit of whining post you had with that. Show us these links of "tons" (what defines tons? 10, 100, 1000? 2000? more) of cases won. I bet you couldn't find links that found any kind positive player judgment on more than a handful of cases in the states, if not worldwide against an MMO service provider at all.
Point is its launch week..er... relaunch week of a game that has been around and they went out of their way to remarket it in a positive light and its picked up more steam than they can currently handle. Give it a week.
Umm...who cares? I mean, really? The only motivation for this post to begin with was that he couldn't create a character on a server that his/her mates are on. Maybe play something else, another server, or better yet, go for a walk in the sunshine and get some Vitamin D.
I don't think that it's "illegal" but it sure is extremely crappy on their part. The server problems with this game have been by far the worst I've ever seen, ever. Sure, past game releases have had long que times to get in, or specific servers have been locked, barring people from joining their friends, but this goes well beyond that.
This is completely barring people from creating any character on any server for their specific region. People say P2P is amazing and is a sign of higher quality, but so far ARR has been substandard in quality, has had a substandard launch, and is not upholding any P2P standard that I would expect. F2P games have been done better than this game. B2P games have been done better.
ARR requires a purchase and a subscription and here we are, unable to create a character on any US server. I don't even mind waiting in ques, but my wife and I can't even create a character.
I do not know anything about the law concerning this, but my opinion on this whole matter is, if you have a theater that holds 300 hundred people you don't sell 1000 tickets take the money for them then lock 700 people out of the theater and say you don't have room, SE has the numbers of pre-orders and purchases and returning 1.0 players that participated in the beta I am sure of that. So why not invest into the proper amount of space to hold said capacity that they have been fully aware of?
Whether or not they can be taken to court for it or not, it is not right. I'm not enraged but I am thinking hard on whether or not I actually want to play a game that is ran by people that purposely rip people off, and it is a rip-off. They set the date for release, they chose the amount of servers to open, and they had access to their own sales and active account numbers. Was it done on purpose? I don't know, but when you are dealing with people's money, small mistakes can be accepted but it has been 3 days now and the servers seem to have no sign of clearing up so far so everyone can play.
Like I said before just is not right on any front.
I do not know anything about the law concerning this, but my opinion on this whole matter is, if you have a theater that holds 300 hundred people you don't sell 1000 tickets take the money for them then lock 700 people out of the theater and say you don't have room, SE has the numbers of pre-orders and purchases and returning 1.0 players that participated in the beta I am sure of that. So why not invest into the proper amount of space to hold said capacity that they have been fully aware of?
Whether or not they can be taken to court for it or not, it is not right. I'm not enraged but I am thinking hard on whether or not I actually want to play a game that is ran by people that purposely rip people off, and it is a rip-off. They set the date for release, they chose the amount of servers to open, and they had access to their own sales and active account numbers. Was it done on purpose? I don't know, but when you are dealing with people's money, small mistakes can be accepted but it has been 3 days now and the servers seem to have no sign of clearing up so far so everyone can play.
Like I said before just is not right on any front.
They don't have beta tests for movies. Nor do they release them on servers for thousands to watch on a server. Maybe you wanna rethink this.
In addition, in order to avoid server congestion related issues from multiple characters concentrating in the starting areas, we may implement restrictions on logins and/or the creation of new characters for a period of time after the servers open to the public.
I am sorry but SE does not have the legal right to restrict, block, or moderate player access to the servers when said server is online and functional.
We are now paying for FULL access, this is the kind of thing class action lawsuits are filed and won over.
Imagine what would happen if we decided to lock them out of billing our credit cards during during periods of high congestion?
In fact this exact issue was decided in court before in favor of the players when blizzard did it and those in that lawsuit got 3-6 months of free UNRESTRICTED access as settlement.
what does your legally signed contract with SE say?
Originally posted by Kyleran To all the junior lawyers in this thread, if there really was a way to sue and win against TOS provisions and make any money from it the pros would be all over it.
The fact they aren't tells you what your rights really are.
You sir are wrong sorry. There have been tons of lawsuits filed and won against game developers, and publisher, and providers.
The issue is that ALL of the settlements included NDA's to try and keep other consumers from knowing their rights and what they are entitled to.
As part of the settlement I've been talking about with Blizzard part of that settle gave a free month to ALL active subscribers at the time. MOST players thought Blizzard was being " nice " and giving free time for the problems they were having.
Truth is that free month for the non participants, and the 3-6 months for the participants came because some people did know their legal rights under consumer protection and e-commerce laws and provisions.
Sorry.
Sorry, but you lost any bit of whining post you had with that. Show us these links of "tons" (what defines tons? 10, 100, 1000? 2000? more) of cases won. I bet you couldn't find links that found any kind positive player judgment on more than a handful of cases in the states, if not worldwide against an MMO service provider at all.
Point is its launch week..er... relaunch week of a game that has been around and they went out of their way to remarket it in a positive light and its picked up more steam than they can currently handle. Give it a week.
See, the key is, you have to prove that you were "harmed" by the actions of the defendant. Good luck proving that being denied access temporarily is some major issue worthy of compensation. That's why no law firm bothers with this, just no money in it.
Just trying to live long enough to play a new, released MMORPG, playing New Worlds atm
Fools find no pleasure in understanding but delight in airing their own opinions. Pvbs 18:2, NIV
Don't just play games, inhabit virtual worlds™
"This is the most intelligent, well qualified and articulate response to a post I have ever seen on these forums. It's a shame most people here won't have the attention span to read past the second line." - Anon
I'm just going to guess you've never actually read any of the fine print in games. All them say you don't know own anything and they are simply allowing you to use it.
My comparison was not that a movie gets beta tested, my comparison would be more like a movie getting released and selling a bunch of tickets on fandango and other sources but then only putting it in a few theatres then people would not be able to see the movie that paid for it. If you don't get my comparison, don't strain yourself bro it's alright.
They have taken in more money for a service from more people than they can provide the service to, that is a simple fact.
My comparison was not that a movie gets beta tested, my comparison would be more like a movie getting released and selling a bunch of tickets on fandango and other sources but then only putting it in a few theatres then people would not be able to see the movie that paid for it. If you don't get my comparison, don't strain yourself bro it's alright.
They have taken in more money for a service from more people than they can provide the service to, that is a simple fact.
But they're not holding your money within an iron grasp. This would be more applicable "We're sorry sir, we unintentionally put up for sale more tickets than were seats available. You're more than welcome to watch the film at another date or we could issue a refund. We're willing to do everything we can to rectify the issue. Also as an additional bonus the film will be available to you for viewing for 29 more days and the movie will change each time to provide you a unique experience. Again we apologize for the inconvenience."
It's not as if the opportunity has vanished just because of an initial mishap. You're still going to get to see your movie.
Im sure they are legally allowed to control access to their servers. Much the same way the grocery store is legally allowed to refuse service to whomever they wish.
There you go, Exactly.
I have to come down on the side of the company.
I don't believe anyone has a RIGHT to force anyone to provide them a service. As with anything else, purchasing a product is a negotiation and if you feel you receive inferior service your recourse is to end the business relationship. Give them negative reviews. But as far as being legally entitled to play a game in a manner of your own choosing, such a precedent would be destructive to the entire industry. Why would an indie developer even consider attempting to create an MMO if suddenly everyone in their game had "rights"?
I look at it this way. Someone who pays $30 for the digital standard version has spent as much as they would for 2 trips to a movie theater, or one movie on blue-ray. IF you get just 2 to 4 hours entertainment from FFXIV then you've broken even on your investment!
When someone tells you, you are wrong, you laugh at him. If second person come and say you are wrong, you keep laughing.
When an "army" tells you : DUDE, YOU ARE SO FUCKING WRONG, you leave.
So yes OP, you are very wrong. They can do whatever they want. Don't you believe us? Sue them.
Reporter: What's behind Blizzard success, and how do you make your gamers happy? Blizzard Boss: Making gamers happy is not my concern, making money.. yes!
From what i know in European Union i can wipe my ass with EULA and ToS, it has no legal power here, or at least ToS and EULA are not above EU and my country law
Comments
The best you can do is get a refund.
I called my bank asked them if a "Product was not as described." aka playable, could I get a charge back they said yes, I told them the situation, they looked some stuff up online about it and they gave me my charge back. The lady even went on to say it is not uncommon at the launches of games like this to get charge backs for interupted services, and that it is perfectly legal because the game is "Not as described".
I suggest you do the same.
if they didnt do this we owuldnt be playing anyways no one would cause the servers would implode
Yep it does mention access, services and basically everything its there's
Nope - read your EULA. They own the game - you don't. They can do whatever they want and you just get a license to play it. They can literally do whatever they want.
Sue - you have no leg to stand upon.
The problem is your buying the software for your computer and limited software on there servers. You not really paying for access during your free trail. It is simpler to dispute the charge as you do have the right with visa, mastercard or discover.
for those interested heres the user agreement theres a second agreement for accesing there servers i believe
Rule & Policies
FINAL FANTASY® XIV User Agreement
LastUpdated: 8/24/2013
NOTE: The FINAL FANTASY XIV User Agreement will come into effect on August 24, 2013
Welcome to FINAL FANTASY® XIV (the “Game”or the “Service”). In order to play the Game, you (“You”or “User”) must first agree to this FINAL FANTASY XIV UserAgreement (“User Agreement”) between you and Square Enix, Inc. (“SquareEnix”). PLEASE READ THIS USER AGREEMENT CAREFULLY. If you agree by checking the box next to the statement “I accept the User Agreement”or “I accept the terms of the above agreement(s)” you declare that youhave read this User Agreement, you understand the terms of this User Agreement,and you agree to be bound by this User Agreement on behalf of yourself and, ifyou are under the age of 18, on your behalf by your parent or legal guardian. Onceyou agree, you will be contractually bound to the terms below, which shallgovern all aspects of your use of the Game. No one under the age of 13may play the Game.
If you reject this User Agreement, thenyou will not be authorized to play the Game. In that case, you may eitherreturn the Game to the place of purchase subject to that retailer’s guidelines,or you may contact Square Enix to request a full discretionary refund (whichwill not include shipping and handling) if all of the following conditions aremet:
(1) Youare unable to obtain a refund or exchange from the place of purchase; and
(2) Yourequest the refund within thirty (30) days of purchase; and
(3) Youhave not already accepted this User Agreement; and
(4) Youhave not already entered the Registration Code accompanying your copy of theGame; and
(5) Youpurchased your copy of the Licensed Software in, and are currently located in,the United States or Canada.
Your special attention is directed toSection 4, which concerns the auto-renewing subscription process.
1. YOUR LIMITED LICENSE TO THE GAME AND SERVICE AND LACK OF OWNERSHIPRIGHTS
The Game includes software that isinstalled on your computer, as periodically updated by Square Enix (“LicensedSoftware”), as well as data that Square Enix maintains on itsservers. Subject to your continued compliance with the conditions setforth in this User Agreement, Square Enix grants you a limited license to usethe Game. In order to play the Game, in addition to this User Agreement,you must also agree to the FINAL FANTASY XIV Software License Agreement (“LicenseAgreement”), which grants you a license to use the Licensed Softwarerequired to play the Game, the Square Enix Privacy Policy available at http://na.square-enix.com/privacypolicy (“PrivacyPolicy”), and the Square Enix Account Terms of Use. The LicenseAgreement, Privacy Policy and Square Enix Account Terms of Use are incorporatedby reference into this User Agreement (collectively, the “Agreements”). The terms of this User Agreement supersede any conflicting terms in theFINAL FANTASY XIV User Manual.
All aspects of the Game(including but not limited to the Game computer code, updates, patches,expansion packs, characters, character names, character data, virtual items,character profile information, (non-personal) account information, chattranscripts, artwork, plot, dialogue, locations, sounds and music) are owned bySquare Enix or its licensors. You do not have any property rights in the serviceaccount you use to play the Game (“FINAL FANTASY XIV Service Account”or “FFXIV Service Account”).
YOU ACQUIRE NO OWNERSHIP OR PROPERTYRIGHTS IN ANY CHARACTER OR OTHER IN-GAME VIRTUAL GOOD, AND ARE ONLY LICENSED TOUSE SUCH CHARACTERS AND ASSETS ASSOCIATED WITH YOUR FFXIV SERVICE ACCOUNTSUBJECT TO THE CONDITIONS SET FORTH IN THE AGREEMENTS. YOU AGREE THATYOUR FFXIV SERVICE ACCOUNT AND ANY VIRTUAL GOODS AND CHARACTERS DO NOT HAVE ANYMONETARY VALUE. SQUARE ENIX MAY SUSPEND, TERMINATE, MODIFY, OR DELETE FFXIVSERVICE ACCOUNTS, CHARACTERS, VIRTUAL GOODS, OR THE SERVICE ALTOGETHER, AT ANYTIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE OR LIABILITY TOYOU.
2. LICENSE LIMITATIONS
The Game is a carefully controlledenvironment designed to provide the maximum level of enjoyment for allplayers. In order to preserve an enjoyable experience for all users, andto protect the intellectual property rights of Square Enix, the activitiesidentified in this Section 2 (“License Limitations”) are strictlyprohibited and violate the conditions or limitations on your license to use theGame. Therefore, any use of the Game in violation of such restrictionsexceeds the scope of the License granted to you and constitutes infringement ofyour license, and is grounds for immediate revocation of your license. Useof the Game in excess of these provisions, or use at all after your license isrevoked (including loading the Game into your computer’s RAM), infringes SquareEnix’s copyrights to the Game.
Violating these License Limitations mayresult in the suspension or permanent banning of your account, or such other lessermeasures described in Section 3 which Square Enix may take in its solediscretion, or an action for copyright infringement or other legal claims, allof which are reserved. You agree that offering or providing bannedservices to other players of the Game constitutes improper interference with SquareEnix’s contracts with such players, and Square Enix reserves the right to takeformal legal action against you if you do so, without warning.
Square Enix may update the list ofLicense Limitations at http://sqex.to/ffxiv.na.support atany time. The current License Limitations are as follows:
2.1 Cheatingand Botting. You may not create or use any unauthorized cheats,bots, automation software, hacks, mods or any other unauthorized software orhardware designed to modify the Game and gameplay. In addition, you may nottake advantage of game system bugs and exploits during gameplay.
2.2 Real Money Trading, Farming and Power-Leveling. Youmay 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. Youmay not play the Game for the purpose of acquiring virtual items or advancementin game play on behalf of a third-party or for the purpose of selling anyvirtual assets to a third party for real-world money, specifically including “gold-farming”and power-leveling services.
2.3 CommercialUse. 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 cybercafé) without Square Enix’s prior written consent.
2.4 PrivateServers. You may not create, operate, participate inor use any unauthorized servers intended to emulate the Game.
2.5 DataMining. You may not intercept, mine or otherwisecollect information from the Game using unauthorized third party software.
2.6 Hackingand Circumvention. You may not hack, disassemble,decompile, or otherwise modify the Game or server computer code, whether theGame code is located on a DVD, Blu-rayTMdisc, your computer/console or on Square Enix’s servers, except as expressly permittedby Square Enix or applicable law.
2.7 Modifying or Creating DerivativeSoftware. You may not modify or cause to be modifiedany files that are a part of the Game or Service in any way not expresslyauthorized 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 distributeadvertisements.
3. PROHIBITED ACTIVITIES
In addition to the License Limitations,there are other activities that you are forbidden from doing in connection withthe Game (“Prohibited Activities”). In its discretion, SquareEnix may use a variety of methods to deal with violations of this UserAgreement and the Prohibited Activities, including, but not limited to, any ofthe following:
· Issuinga warning;
· Placinga character in a “virtual jail” for a specified period of time;
· Removingor deleting ill-gotten in-game items or currency;
· Temporarilysuspending an account;
· Permanentlyterminating an account;
· Permanentlybanning your IP address, residential address, or credit card number;
· Assertinga lawsuit for breach of contract, copyright infringement, or other cause ofaction as may be applicable; and/or
· Seekinginjunctive relief in any court or jurisdiction to prevent you from continuingsuch activity.
In addition, Square Enix shall beentitled to terminate any FFXIV Service Account (immediately and withoutnotice) of any User who (1) was previously suspended or terminated by SquareEnix and who Square Enix believes (in its sole discretion) re-registered usingdifferent registration information in order to circumvent or bypass suchsuspension or termination, or (2) Square Enix believes (in its sole discretion,based upon any information available, including registration and accountinformation) that such User is enabling or assisting another User to conductany Prohibited Activities of any kind.
SquareEnix may update the list of Prohibited Activities at http://sqex.to/ffxiv.na.support atany 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 EnixID and password) with anyone except your legal guardian, your minor child, or SquareEnix. You are responsible for maintaining the confidentiality of youraccount and login information, even from your friends and family. If youviolate this provision, you may unexpectedly lose access to your account to athird party without recourse against Square Enix. Square Enix will not beobliged to credit your Square Enix Account with Crysta or other points orawards, which may have been used by a third party as a result of the violationof this clause.
3.2 Disruption. You may not in any way disrupt or interfere with the Game experience of otherplayers, 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 findoffensive. The Game is for players aged 13 and older. You agree tobehave accordingly.
3.4 Impersonation. You may not impersonate any person or entity or fraudulently hold yourself outas a Square Enix employee, representative, or any other Square Enix-connectedperson or being affiliated with any such person or entity. This means youcannot log into someone else’s account, or deceive or mislead other people asto your identity. For your own safety, we encourage users to safeguardtheir privacy, remain anonymous, and never give out personal information toother users.
3.5 Naming Right. You may not use any name or other intellectual property belonging to SquareEnix or any other third party in your use of the Game (for example, naming acharacter after a celebrity, company, product, or superhero).
3.6 Any Illegal Activities. You may not conduct any illegal activities whatsoever in connection with theGame. This includes every illegal activity not specifically highlightedabove, including without limitation gambling, defamation, harassment, and fraud.
3.7 False Account Information. You may not provide Square Enix with false information during the registrationprocess. Any inaccurate or non-current account information may make itimpossible for Square Enix to provide you with notice.
3.8 Chargebacks. You are authorizing all fees charged under this User Agreement until youproperly deactivate your account. Therefore, you may not falsely notifyyour credit card or debit card provider that you did not authorize theautomatic recurring charge. If you are using a parent’s credit card, youmust have their authorization for recurring billing.
3.9 Non-Commercial Spamming/Spimming. Youmay not use (or abuse) the in-game chat and message services to harass otherplayers.
4. BILLING PROCEDURES AND RECURRING TRANSACTIONS
4.1 FINAL FANTASY XIV Subscription Fees. In order to access SQUAREENIX’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 subscriptionfee (“FFXIV Subscription Fee”). Square Enix may offerdifferent subscription plans in its sole discretion. Further, Square Enix mayoffer you the chance to purchase additional features for your FFXIV ServiceAccount, which we call “Add-ons” or “Options.” Add-ons may be subject to either additional recurring feesor one-time fees. A “Recurring Fee” is a fee that will becharged on a recurring basis until you terminate your subscription. A “One-TimeFee” is fee that is only charged once. All fee rates will be posted at http://sqex.to/ffxiv.na.fees andany changes to Recurring Fee rates will be posted with 30 days’ advance noticeand notice will be provided to the Game community. Square Enix maychange fee rates at any time in its sole discretion, and will use reasonable effortsto notify you at least 30 days in advance of any changes to any Recurring Fees.All FFXIV Subscription Fees are billed in advance. All FFXIVSubscription Fees are non-refundable, with the limited exception in Section 4.7below.
4.2 Thirty Days of Free Play PerService Account Per Platform. For all new FFXIV Service Accounts,the first 30 days of gameplay (“Free Period”) is included withyour purchase of the Licensed Software in new, unopened (or uninstalled,for digital downloads) condition from an authorized vendor. After theFree Period has ended, you have no further rights to access Square Enix’sservers unless you pay the subscription fee in accordance with the terms hereinor Square Enix otherwise agrees to provide you with access to its servers. If you are accidently charged within the Free Period, please contact the SquareEnix Support Center at http://sqex.to/ffxiv.na.support for a refund upon confirmation. The 30 days of free gameplay will NOT beprovided to any existing FFXIV Service Accounts that subsequently purchase theLicensed Software on the same platform. In other words, if you are creating anew FFXIV Service Account and purchase the PC version of the Licensed Software,you will receive the Free Period. If you subsequently purchase and install asecond copy of the PC Version, then you will not receive another FreePeriod on your existing FFXIV Service Account, but you will receive the free 30days if you create a new FFXIV Service Account. If you subsequentlypurchase a PlayStation version of the Licensed Software, then you willreceive 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 Gamewill automatically become subject to a recurring subscription. Therecurring FFXIV Subscription Fee will be charged in full at thebeginning of each billing cycle (“Billing Cycle”). BillingCycles are discussed in Section 4.4 below. Square Enix may provide priornotice of an impending charge during the login process or via email to yourregistered email account. Subject to the limited exception for initial chargesfor certain new fees explained in Section 4.3(a), all Recurring Fees will becombined in a single FFXIV Subscription Fee billed on the same date, regardlessof when in the Billing Cycle any modifications were made to the FFXIV ServiceAccount (such as adding a new Recurring Fee).
Ifyou select a longer Billing Cycle, the FFXIV Subscription Fee charged at thebeginning 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 atonce). All charges will be automatically charged to your preselectedpayment method, and once you have been charged for a given Billing Cycle, thatcharge is non-refundable, subject to the limited exception inSection 4.7 below. You agree to pay the appropriate amount each BillingCycle until you deactivate your FFXIV Service Account by following theprocedures explained at http://sqex.to/ffxiv.na.cancel. If you deactivated before the beginning of the next Billing Cycle, yet werebilled for the next Billing Cycle, please contact the Square Enix SupportCenter at http://sqex.to/ffxiv.na.support fora refund upon confirmation.
(a) ProRata Billing for Recurring Fees During Billing Cycle. If you add a new Recurring Fee in the middle of a Billing Cycle, the currentBilling Cycle’s charge for that additional Recurring Fee will be adjusted on a prorata 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 15thday of a 90-day Billing Cycle, you will be billed for the remaining 76 days inyour 90-day Billing Cycle. Please note that the minimum transactionfee allowed by our billing system for credit card/debit card users at any timeis currently USD$1.00 per transaction (and subject to change upon notice toyou), 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$0.57for, you will be charged USD$1.00.
(b) One-timeFees Billed Immediately. Any One-Time Fees that you incur willbe immediately charged to your preselected payment method, and arenon-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 firstregister to play the Game or first commit to a Subscription, you will be givenan opportunity to increase the default 30-day Billing Cycle to 60 days or 90days. If you choose to increase the length of your Billing Cycle, youwill be rewarded with a reduced FFXIV Subscription Fee. Please notethat you are only receiving a discounted monthly FFXIV Subscription Fee becauseyou are agreeing to prepay for a longer period, and no refunds will begiven 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 preparedto prepay for the longer Billing Cycle.
4.5 Changes to Billing Cycles. You may increase or decrease the length of subsequent Billing Cycles at anytime. However, the change will not take place until the end of thecurrent Billing Cycle. For example, if you agree to a 90-day BillingCycle and decide 15 days later to reduce it to a 30-day Billing Cycle, thechange 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 youresolve the issue. If you have lost access, your next Billing Cycle willbegin on the date you successfully pay. Square Enix does not charge latefees or interest for access to the Game.
4.7 Refunds in Exceptional CircumstancesOnly. The entirety of your FFXIV Subscription Fee is applied by Square Enix to the FFXIVService Account on the day that it is charged. All charges related to theGame are non-refundable unless third-party criminal activity is involved, asdetermined by Square Enix. Therefore, if you deactivate your FFXIVService Account in the middle of a 90-day Billing Cycle, you will not receive arefund for the remainder of the Billing Cycle, but may continue to play theGame until the Billing Cycle ends.
Notwithstandingthe foregoing, if Square Enix revises the License Agreement or this UserAgreement and you reject either when they are first presented to you foracceptance, you will be required to deactivate your FFXIV Service Account andwill immediately lose access to the Game. In such circumstances, uponrequest, and if the revision was material, Square Enix may refund you a prorata portion of the most recently-billed FFXIV Subscription Fee. In orderto combat fraud, Square Enix will only issue these extraordinary refunds to thepayment method(s) used for the relevant transaction(s).
4.8 Deactivation of Subscription. You may deactivate your FFXIV Service Account and/or any individual RecurringFees at any time. Other than the exception explained in Section 4.3(a), nofurther billing related to the deactivated FFXIV Service Account will occuruntil you reactivate by following the procedures explained at http://sqex.to/ffxiv.na.support. Ifyou believe that you have been accidently charged by Square Enix after youdeactivated, please contact the Square Enix Support Center at http://sqex.to/ffxiv.na.support fora refund upon confirmation.
4.9 Reactivationof FFXIV Service Account. You may reactivate your FFXIVService Account at any time, so long as the Game is still made available by SquareEnix and account-related data has not been deleted or corrupted. If youreactivate your FFXIV Service Account prior to the end of the current BillingCycle (meaning, while you still have access), you will retain youroriginal Billing Cycle and will not have to pay another FFXIV Subscription Feefor that period. Otherwise, your new Billing Cycle will commence on orabout the first day you reactivate your FFXIV Service Account (subject toadjustment by Square Enix).
4.10 AboutFINAL FANTASY XIV Service Accounts. You mayhave a limited number of FFXIV Service Accounts attached to a single SquareEnix Account.
5. INTERRUPTION TO THE SERVICE
Fromtime to time, in order to provide our customers with the optimal gamingexperience, it is necessary for Square Enix to conduct routine maintenance onthe computers and/or servers that support the Game. During these times,access to the Game or support services may be interrupted. Access mayalso betemporarily suspended in whole or in part, without notice, due to emergencyrepairs, fire, flood, explosion, war, strike, embargo, governmental action orfailure to act, the act of any civil or military authority, act of God, or byany other causes beyond Square Enix’s control, orany other reasons for which Square Enix, in its sole discretion, deemsthat temporary suspension is necessary. Youacknowledge that disruptions of service may occur and waive any causes ofaction against Square Enix in any way arising from or related to any suchdisruptions of service.
6. INTERNET ACCESS AND EQUIPMENT
Youare solely responsible for obtaining and maintaining, at your own expense, allequipment (such as modems, computers, or videogame consoles) and internetaccess necessary to play the Game, and for ensuring such equipment and servicesare compatible with all requirements of the Game.
7. PRIVACY AND USE OF INFORMATION
By playing the Game, you agree to SquareEnix’s Privacy Policy, which is incorporated into this User Agreement byreference. The Privacy Policy governs how Square Enix will use andshare your information, except as modified herein. You agree that SquareEnix 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 acknowledgethat Square Enix will be monitoring your use of the Game to help youplay the Game, for our internal analysis to help us improve our games andservices, to investigate disruptive activities or Prohibited Activities, and toconfirm that you are abiding by the terms of this User Agreement and relatedagreements.
In order to protect SquareEnix’s staff and customers, Square Enix may cooperate with federal, state and locallaw enforcement with or without the receipt of a formal subpoena or searchwarrant. You acknowledge and consent that Square Enix may provide yourelectronic communications and data, including e-mails and chat logs, to suchgovernment 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 XIVcome with a special registration code (“Buddy Pass”) that will allow aholder to invite a friend to try aspects of FINAL FANTASY XIV for a limitedtime. If you have a Buddy Pass, you may lend your Licensed Software toanother person in the North American Region for this limited purpose. Section 2.1 of the License Agreement you previously entered into is herebytemporarily modified to allow for the limited and restricted use of theLicensed Software in connection with a Buddy Pass. The user of the BuddyPass will have to agree to a series of agreements, including but not limitedto, the License Agreement, the Square Enix Account Terms of Use and this UserAgreement in order to install and use the Licensed Software. Access tothe Game via a Buddy Pass may be terminated by Square Enix at any time, for anyreason, with or without prior notice.
9. TERM AND TERMINATION
This User Agreement will begin when youfirst agree to it and will remain in effect until terminated. Square Enixmay terminate this User Agreement at any time without notice. Square Enixreserves the right to discontinue publishing the Game in your country at anytime, at which time the User Agreement will be terminated for all affectedUsers. As described in Section 3 (Enforcement for Violations) above,breach of this User Agreement may automatically terminate your license to usethe Game. Upon any termination of this User Agreement, the LicenseAgreement or the Square Enix Account Terms of Use, you must uninstall, deleteand/or destroy all copies of the Game (including all of its component parts) inyour possession. The following sections shall survive any termination ofthis User Agreement: 1 (excluding the terminated license grant), 2, 3, 4,7, 9, 10 and 11.
10. DISPUTES
10.1 Agreement to Arbitrate. Certain portions of this Section 10 aredeemed to be a “written agreement to arbitrate” pursuant to the FederalArbitration Act. You and Square Enix agree that we both intend thisSection 10 to satisfy the “writing” requirement of the Federal Arbitration Act.
10.2 First: Try to Resolve Disputes. Except for ExcludedDisputes (as defined below in Section 10.5), if any controversy, allegation, orclaim arises out of or relates to the Game, the Licensed Software, this FFXIVUser Agreement, or any additional terms, whether heretofore or hereafterarising (collectively, “Dispute”), or to any of Square Enix’sactual or alleged intellectual property rights, then you and we agree to send awritten 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 toyou based on the most recent contact information that you provide us. Ifno such information exists or if such information is not current, or if for anyreason you do not respond to us within four (4) weeks of the date we sent thenotice, then we have no further obligation under this Section 10.2. Yournotice to us must be sent to: Square Enix, Inc., Attn: Legal Dept., 999N. 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 Enixand 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 onterms with respect to which you and Square Enix, in each of our solediscretion, are not comfortable.
10.3 Second: Forums for Alternative Dispute Resolution.
(a)Arbitration. If we cannot resolve a Dispute as set forth in Section 10.2 within sixty (60)days of receipt of the notice, then either you or we may submit the Dispute toformal arbitration on an individual basis in accordance with this Section 10.3.
Uponexpiration of the applicable sixty-day period and to the fullest extentpermitted by applicable law, a Dispute will be resolved solely by bindingarbitration on an individual basis in accordance with the then-currentCommercial Arbitration Rules of the American Arbitration Association (“AAA”). If you prevail in your claim against Square Enix, then Square Enix shall payall arbitration fees. Square Enix agrees that you may appear at any arbitrationproceeding 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 thearbitration will be heard and determined by a single neutral arbitrator who isa retired judge or a lawyer with not less than fifteen (15) years experience asa practicing member of the bar in the substantive practice area related to theDispute, who will administer the proceedings in accordance with the AAA'sSupplementary Procedures for Consumer Related Disputes. If the Disputehas a claimed value of more than $250,000, or if Square Enix elects in its solediscretion to bear the costs of arbitration in excess of those that would occurfor a proceeding before a single neutral arbitrator, then the arbitration willbe heard and determined by a three-member panel, with one member to be selectedby each party and the third (who will be chair of the panel) selected by thetwo party-appointed members or by the AAA in accordance with the CommercialArbitration Rules. The arbitrator or arbitration panel, as the case maybe, will apply applicable law and the provisions of this FFXIV User Agreement andany additional terms, will determine any Dispute according to the applicablelaw and facts based upon the record and no other basis, and will issue areasoned award.
Youcan obtain AAA procedures, rules, and fee information as follows:
AAA: 800.778.7879 http://www.adr.org/
(b)Nature,Limitations, and Location of Alternative Dispute Resolution. Inarbitration, as with a court, the arbitrator must honor the terms of FFXIV UserAgreement (and any additional terms) and can award the prevailing party damagesand other relief (including attorneys’ fees). However, WITH ARBITRATION(A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATIONOUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OFTHE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration willhave the right, at their own expense, to be represented by an attorney or otheradvocate of their choosing. Any arbitration proceeding shall be held at avenue in Los Angeles, CA. Square Enix agrees that you may appear at anyarbitration proceeding by telephone, unless the amount in controversy is$10,000 or more, in which case the arbitrator may require you to travel to LosAngeles at your own expense. You and we will pay the administrative andarbitrator’s fees and other costs in accordance with the applicable arbitrationrules; but if applicable arbitration rules or laws require Square Enix to pay agreater portion or all of such fees and costs in order for this Section 10 tobe enforceable, then Square Enix will have the right to elect to pay the feesand costs and proceed to arbitration. If you prevail in your claimagainst Square Enix, then Square Enix agrees to reimburse you for allarbitration fees and your reasonable, documented travel expenses (if any)incurred to attend arbitration hearings where your physical presence isrequired by the arbitrator. Discovery will be permitted pursuant to theapplicable arbitration rules. The arbitrator’s decision must consist of awritten statement stating the disposition of each claim of the Dispute, andmust provide a statement of the essential findings and conclusions on which thedecision and any award (if any) is based. Judgment on the arbitrationdecision and award (if any) may be entered in or by any court that hasjurisdiction over the parties pursuant to Section 9 of the Federal ArbitrationAct.
10.4 LimitedTime to File Claims. TO THE FULLEST EXTENT PERMITTEDBY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST SQUARE ENIX, THENYOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 10.2)WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, OR ELSE IT SHALL BE FOREVERBARRED.
10.5 Injunctive Relief. The foregoing provisions of this Section 10 willnot apply to any legal action taken by Square Enix to seek an injunction orother equitable relief in connection with any loss, cost, or damage (or anypotential loss, cost, or damage) relating to the Game, the Licensed Software,this FFXIV User Agreement, any additional terms and/or Square Enix’sintellectual property rights (including such Square Enix may claim that may bein dispute), Square Enix’s operations, and/or Square Enix’s products orservices (collectively, “Excluded Dispute”).
10.6 Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim ofDisputes (but not Excluded Disputes) in small claims court, subject to Section10.8.
10.7 No Class Action Matters. Disputes will be arbitrated only on anindividual basis and will not be consolidated with any other arbitration orother proceeding that involves any claim or controversy of any otherparty. But if, for any reason, any court with competent jurisdiction orany arbitrator selected pursuant to Section 10.3 holds that this restriction isunconscionable or unenforceable, then our agreement in Section 10.3 toarbitrate will not apply and the Dispute must be brought exclusively in courtpursuant to Section 10.8.
10.8 Federal and State Courts in Los Angeles. Except to the extent thatarbitration is required in Section 10.3, and except as to the enforcement ofany arbitration decision or award, any action or proceeding relating to anyDispute or Excluded Dispute may only be instituted in state or federal court inLos Angeles County, California. Accordingly, you and Square Enix consentto the exclusive personal jurisdiction and venue of such courts for suchmatters.
10.9 Limited Liability/Remedy. TO THE MAXIMUM EXTENT PERMITTED BY LAW,SQUARE ENIX AND/OR ITS AFFILIATES HAVE NO LIABILITY TO YOU WHATSOEVER, AND INNO EVENT WILL SQUARE ENIX AND/OR ANY OF ITS PARENT, SUBSIDIARY, OR AFFILIATEDCOMPANIES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO,SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA,REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR INCONNECTION WITH THIS AGREEMENT, YOUR USE OF THE GAME OR OTHER MATERIALSPROVIDED TO YOU BY SQUARE ENIX, REGARDLESS OF THE LEGAL THEORY. UNDER NOCIRCUMSTANCES WILL SQUARE ENIX BE LIABLE TO YOU FOR MORE THAN A REPLACEMENTCOPY OF THE GAME, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
10.10 Injunctive Relief. In no event will you be entitled to obtain anyinjunctive relief or otherwise enjoin, restrain, or otherwise interfere withSquare Enix or with the distribution, operation, development, or performance ofthe Game or any related products or services.
11. GENERAL TERMS
11.1 Indemnification. You agree to indemnify and hold harmless SquareEnixand its parent, subsidiaries, affiliates, partners, officers, employees andagents from any claim, demand, or loss (including reasonable attorney’s feesand court costs) incurred due to your usage of the Game, your engagement inProhibited Activities, and/or arising out of or related to content you submit,post, link to, transmit, or make available through the Game, your violation ofthis User Agreement, or your violation of any rights of another User.
11.2 Disclaimer of Warranties. ASIDE FROM THEEXPRESS WARRANTY PROVIDED WITH THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BYLAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS ORIMPLIED, REGARDING THE GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNONINFRINGEMENT. SQUARE ENIX IS MAKING THE GAME AVAILABLE "AS IS"WITHOUT ANY FURTHER WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALLDAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE GAME. SQUARE ENIX DOES NOTWARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THEGAME WILL BE UNINTERRUPTED OR ERROR-FREE.
11.3 UserDisputes. You shall be solely responsible for resolving any and all disputes that mayarise between you and other Users in connection with the Game, and for payingany and all expenses incurred by you in connection with resolving suchdispute. Square Enix shall not be responsible for mediating or resolvingany such disputes and shall have no liability to you or to any third party forany costs, fees, expenses, damages or other losses incurred in connection withor as a result of any such disputes.
11.4 Severability. Ifany sentence or any provision of this User Agreement is determined by any courtof competent jurisdiction to be invalid or unenforceable, such sentence orprovision will be interpreted to the maximum extent to which it is valid andenforceable, all as determined by such court in such action, and the remainingsentences and provisions of this User Agreement will, nevertheless, continue infull force and effect without being impaired or invalidated in any way.
11.5 No Waiver. No waiver by Square Enix of any term, provision orcondition of this User Agreement shall be deemed to be or construed as a waiverof any other term, provision or condition of this User Agreement. No SquareEnix customer service representative or any other personnel of Square Enix whointeracts with you is legally empowered to bind Square Enix to any amendment orwaiver of the terms of this User Agreement.
11.6 Assignment. Square Enix shall have the right to assignand/or delegate in its sole discretion its rights and obligations under this UserAgreement in whole or in part to a third party at any time without notice toUsers. Each User’s rights are personal to such User and may not beassigned.
11.7 Entire Agreement. This User Agreement, together with theLicense Agreement, the Square Enix Account Terms of Use, the Privacy Policy,and any other terms of use relevant to your use of the Game, such as the usermanual, constitutes the entire understanding and agreement between the partieswith respect to your use of the Game and supersedes any and all prior orcontemporaneous oral or written communications with respect to the subjectmatter hereof, all of which are merged herein. This User Agreement shallform a part of your License Agreement and is expressly incorporated into thatagreement by this reference. In the event of any conflict between this UserAgreement and the License Agreement, the terms of this User Agreement shallprevail; provided, however, that for all matters that are not covered in thisUser Agreement, the terms of the License Agreement, the Square Enix Account Termsof Use, or the Privacy Policy (as applicable) shall continue to apply.
11.8 Changes to this User Agreement. SquareEnix reserves the right, at its sole discretion, to change, modify, add to,supplement or delete any of the terms and conditions of this User Agreement orthe way that the Game operates at any time. Square Enix will notify youof such changes in one of the following ways at its sole discretion: through a patch, email, postal mail, website posting, pop-up screen or in-gamenotice. If you do not agree to any such change or modification, you mayterminate this User Agreement by uninstalling the Licensed Software anddestroying your copy(ies). Your continued use of the Game following anyrevision to this User Agreement will demonstrate your full acceptance of anyand all such changes.
Sorry, but you lost any bit of whining post you had with that. Show us these links of "tons" (what defines tons? 10, 100, 1000? 2000? more) of cases won. I bet you couldn't find links that found any kind positive player judgment on more than a handful of cases in the states, if not worldwide against an MMO service provider at all.
Point is its launch week..er... relaunch week of a game that has been around and they went out of their way to remarket it in a positive light and its picked up more steam than they can currently handle. Give it a week.
I love how the internet lawyers come out of the woodwork when they get upset...
I actually created my account on this site to try and talk some sense into ppl freaking out about the diablo 3 AS nerf lol...
Some thing will never change i guess.
I don't think that it's "illegal" but it sure is extremely crappy on their part. The server problems with this game have been by far the worst I've ever seen, ever. Sure, past game releases have had long que times to get in, or specific servers have been locked, barring people from joining their friends, but this goes well beyond that.
This is completely barring people from creating any character on any server for their specific region. People say P2P is amazing and is a sign of higher quality, but so far ARR has been substandard in quality, has had a substandard launch, and is not upholding any P2P standard that I would expect. F2P games have been done better than this game. B2P games have been done better.
ARR requires a purchase and a subscription and here we are, unable to create a character on any US server. I don't even mind waiting in ques, but my wife and I can't even create a character.
Extremely substandard. [mod edit]
Legends of Kesmai, UO, EQ, AO, DAoC, AC, SB, RO, SWG, EVE, EQ2, CoH, GW, VG:SOH, WAR, Aion, DF, CO, MO, DN, Tera, SWTOR, RO2, DP, GW2, PS2, BnS, NW, FF:XIV, ESO, EQ:NL
^ This
Welcome to an MMO launch. Glad it's your first time. There will be many more. Sit tight, take my hand, relax....
I do not know anything about the law concerning this, but my opinion on this whole matter is, if you have a theater that holds 300 hundred people you don't sell 1000 tickets take the money for them then lock 700 people out of the theater and say you don't have room, SE has the numbers of pre-orders and purchases and returning 1.0 players that participated in the beta I am sure of that. So why not invest into the proper amount of space to hold said capacity that they have been fully aware of?
Whether or not they can be taken to court for it or not, it is not right. I'm not enraged but I am thinking hard on whether or not I actually want to play a game that is ran by people that purposely rip people off, and it is a rip-off. They set the date for release, they chose the amount of servers to open, and they had access to their own sales and active account numbers. Was it done on purpose? I don't know, but when you are dealing with people's money, small mistakes can be accepted but it has been 3 days now and the servers seem to have no sign of clearing up so far so everyone can play.
Like I said before just is not right on any front.
They don't have beta tests for movies. Nor do they release them on servers for thousands to watch on a server. Maybe you wanna rethink this.
what does your legally signed contract with SE say?
Oh.....what's this? You don't have a contract?
Well that's different then.
BTW, you can still get your money back
Yeah that's all you needed to say. Nothing else matters if it's not legally binding.
You ever paid for parking and it said "NOT LIABLE FOR DAMAGE DONE TO VEHICLES" etc etc etc
^You know that's BS too right? It won't hold up in court any more than F.F. TOS will hold up.
And to be clear I am not anti or Pro FF and I also wouldn't take the time to enter into a class action law suit.
I agree it sucks, it's inconvenient, but is it a malicious act? No.
See, the key is, you have to prove that you were "harmed" by the actions of the defendant. Good luck proving that being denied access temporarily is some major issue worthy of compensation. That's why no law firm bothers with this, just no money in it.
"True friends stab you in the front." | Oscar Wilde
"I need to finish" - Christian Wolff: The Accountant
Just trying to live long enough to play a new, released MMORPG, playing New Worlds atm
Fools find no pleasure in understanding but delight in airing their own opinions. Pvbs 18:2, NIV
Don't just play games, inhabit virtual worlds™
"This is the most intelligent, well qualified and articulate response to a post I have ever seen on these forums. It's a shame most people here won't have the attention span to read past the second line." - Anon
+1
My comparison was not that a movie gets beta tested, my comparison would be more like a movie getting released and selling a bunch of tickets on fandango and other sources but then only putting it in a few theatres then people would not be able to see the movie that paid for it. If you don't get my comparison, don't strain yourself bro it's alright.
They have taken in more money for a service from more people than they can provide the service to, that is a simple fact.
But they're not holding your money within an iron grasp. This would be more applicable "We're sorry sir, we unintentionally put up for sale more tickets than were seats available. You're more than welcome to watch the film at another date or we could issue a refund. We're willing to do everything we can to rectify the issue. Also as an additional bonus the film will be available to you for viewing for 29 more days and the movie will change each time to provide you a unique experience. Again we apologize for the inconvenience."
It's not as if the opportunity has vanished just because of an initial mishap. You're still going to get to see your movie.
There you go, Exactly.
I have to come down on the side of the company.
I don't believe anyone has a RIGHT to force anyone to provide them a service. As with anything else, purchasing a product is a negotiation and if you feel you receive inferior service your recourse is to end the business relationship. Give them negative reviews. But as far as being legally entitled to play a game in a manner of your own choosing, such a precedent would be destructive to the entire industry. Why would an indie developer even consider attempting to create an MMO if suddenly everyone in their game had "rights"?
I look at it this way. Someone who pays $30 for the digital standard version has spent as much as they would for 2 trips to a movie theater, or one movie on blue-ray. IF you get just 2 to 4 hours entertainment from FFXIV then you've broken even on your investment!
When someone tells you, you are wrong, you laugh at him. If second person come and say you are wrong, you keep laughing.
When an "army" tells you : DUDE, YOU ARE SO FUCKING WRONG, you leave.
So yes OP, you are very wrong. They can do whatever they want. Don't you believe us? Sue them.
Reporter: What's behind Blizzard success, and how do you make your gamers happy?
Blizzard Boss: Making gamers happy is not my concern, making money.. yes!
Careful Mmorpg.com might sue you now
Its "illegal" eh?
In what country?What states Could you cite the specific codes being broken? I would gladly call the police for you. I hate crime.
I would love to see you stand in front of a Judge and have him smack you with a nerdrage fine for wasting his time.