Last modified Jul. 1, 2004
Background on this User Agreement
IMPORTANT - This FINAL FANTASY XI User Agreement (this “Agreement”) is a binding, legal agreement between SQUARE ENIX, INC. (“SEI” or “us” or “we”) and you (“you”), and applies to and governs your use of the FINAL FANTASY XI massively multi-player online game (the “Game”). This Agreement forms a part of the FINAL FANTASY XI Software License Agreement (the “License Agreement”), which you were required to accept and execute prior to installing and playing the Game. The License Agreement (together with this Agreement) itself forms a part of the PlayOnline™ Member Agreement (the “Member Agreement”), which you were required to accept and execute in order to obtain access to and use of the PlayOnline online entertainment service (referred to herein as “PlayOnline” or the “PlayOnline Service”). SEI provides the Game and the PlayOnline Service to you, a registered PlayOnline member, subject to this Agreement, which may be updated by SEI at any time without notice to you. As used herein, “Agreement” refers to the most current version of this Agreement. You can review the most current version of this Agreement at any time under the “Rules & Policies” section on the website directed at
http://www.playonline.com (the “Website”). By playing the Game, you indicate your agreement to all of the terms of this Agreement, and you agree to abide by this Agreement at all times while playing the Game and while using PlayOnline in connection with your use of the Game.
Article 1: Application of this Agreement
The Agreement shall apply at all times to your use of the Game, including your use of PlayOnline to access or play the Game, or to access or participate in any related activities, materials or features. In the event of any conflict between this Agreement and the Member Agreement, this Agreement shall take precedence; provided, however, that for all matters that are not covered in this Agreement, the terms of the License Agreement and the Member Agreement (as applicable) shall continue to apply.
Article 2: Data Collection and Privacy
In the course of your playing the Game and using the PlayOnline Service, you may accumulate certain usage statistics, score information, character traits, performance records and other Game-related data that are stored for you in the Game and on PlayOnline servers (collectively, your “Player Data”). SEI makes no assurances, representations or warranties whatsoever about the accuracy, currency or continuing availability of this Player Data at any time and reserves its right, at any time and from time to time, without notice to you, to delete all or any part of your Player Data. SEI shall have no liability to you or to any third party for any such deletion, and further shall not be held responsible for any complete or partial deletion done or caused by you, any third party, or other act or occurrence beyond SEI’s reasonable control, such as a fire, power outage, natural disaster, terrorist act, equipment failure or any other such act or occurrence, whether or not similar to the foregoing. In addition, your Player Data and other information about you are subject to our PlayOnline Service Privacy Policy, which you should review in its entirety and may be accessed under the “Rules & Policies” section of the PlayOnline Viewer and Website. You agree that you will not store or attempt to store any personal information or player data about other PlayOnline users, except to the extent that such storage is an integral part of the Game and necessary in order for you to play the Game.
Article 3: Prohibited Activities and Indemnification
3.1 Prohibited Activities.
You may not use the Game or PlayOnline for any activities that are illegal, fraudulent, or a violation of the rights of any third party. Without limiting the generality of the foregoing, the following acts and activities are strictly prohibited and shall, without prejudice to any other rights or remedies that SEI may have, be cause for immediate termination of your PlayOnline account and your right to play the Game (or any other services) in connection therewith:
(a) Any activities consisting of selling, purchasing or exchanging “gil” or any other currency that may be used in the Game from time to time, characters, and/or Game items for value (including, but not limited to, any payment in kind and any payment in any currency recognized as legal tender in any country, state, territory or other jurisdiction anywhere in the world) through any means or venue, including, without limitation, Internet auctions or other online exchanges;
(b) The use of or participation in the Game for the purpose, in furtherance of, or in preparation for committing any illegal acts (including, by way of example but not limitation, any kind of gambling) or otherwise violating any applicable local, state, national or international law, or any rules or regulations promulgated thereunder;
(c) The interference with or disruption of the Game or the PlayOnline Service or any servers or networks connected thereto, or the failure to obey any procedures, policies, regulations or other requirements of any networks connected to the PlayOnline Service;
(d) The unauthorized use, duplication, transmission, display, performance or distribution of any items owned by you or third parties, or any other commission of any act of copyright, trademark, or patent infringement, trade secret infringement or misappropriation, or any other violation of any intellectual property or other proprietary right;
(e) The impersonation or attempted impersonation of any employee of SEI or any SEI partner or affiliate, any other user of the Game or the PlayOnline Service, or any other person, in a manner intended to deceive or mislead any third party, or in any effort to access the account of another Game player or PlayOnline user;
(f) The use of the Game or the PlayOnline Service to harass any third party, including other users of the Game and PlayOnline Service, or to solicit, encourage or threaten bodily harm or destruction of property; and
(g) Use of any cheat codes or cheat devices.
3.2 Indemnification.
You agree to indemnify, defend and hold SEI harmless from and against any and all claims, suits, actions, expenses, attorney and other legal fees and costs arising from your commission of any acts or activities prohibited by this Article 3.
Article 4: User Disputes
You shall be solely responsible for resolving any and all disputes that may arise between you and other Game players or PlayOnline users in connection with the Game or your use of PlayOnline, and for paying any and all expenses incurred by you in connection with resolving such dispute. SEI shall not be responsible for mediating or resolving any such disputes and shall have no liability to you or to any third party for any costs, fees, expenses, damages or other losses incurred in connection with or as a result of any such disputes.
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