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NOSGOTH User Agreement
Last Updated: 16/ 7/2013
PLEASE READ THIS USER AGREEMENT CAREFULLY INCLUDING THE PRIVACY POLICY, COOKIES POLICY AND SOFTWARE LICENCE. YOUR PARTICULAR ATTENTION IS DRAWN TO THE EXCLUSION CLAUSE AND LIMITATION OF LIABILITY CONTAINED IN CLAUSE 11 BELOW
Introduction
Welcome to NOSGOTH, an on-line (the “Game” or the “Service”). In order to play the Game, you (“you” or “User”) must first agree to this NOSGOTH User Agreement (“User Agreement”) between you and Square Enix Limited, a corporation registered in England with company number 01804186 VAT registration number 680 9884 78 and registered office address 240 Blackfriars Road, London SE1 8NW England (“SQUARE ENIX”).
PLEASE READ THIS USER AGREEMENT CAREFULLY. If you agree by checking the box next to the statement “Accept the User Agreement” or “I accept the terms of the above agreement(s)” you warrant that you have read this User Agreement, you understand the terms of this User Agreement, all information provided by you in registering for the Service is truthful and accurate and you agree to be bound by this User Agreement on behalf of yourself and, if you are under the age of 18, on your behalf by your parent or legal guardian. Once you agree, you will be contractually bound to the terms below, which shall govern all aspects of your use of the Game. No one under the age of 16 may play the Game.
This User Agreement applies to residents in PAL territories only. If you are not a resident of a PAL territory, please refer to the User Agreement relevant to the territory of your residence. In the absence of a relevant User Agreement for your territory of residence, the User Agreement for the Americas territory shall apply.
If you do not accept this User Agreement, then you will not be authorised to play the Game.
1. YOUR LIMITED LICENSE TO THE GAME AND SERVICE AND LACK OF OWNERSHIP RIGHTS
The Game includes software that is installed on your computer, as periodically updated by SQUARE ENIX (“Licensed Software”), as well as data that SQUARE ENIX maintains on its servers. Subject to your continued compliance with the conditions set out in this User Agreement, SQUARE ENIX grants you a limited license to use the Game. In order to play the Game, in addition to this User Agreement, you must also agree to the following:
a) if you are using Steam, the Software License Agreement for Steam (“License Agreement”), which grants you a license to use the Licensed Software required to play the Game located at http://www.nosgoth.com; and
b) the Square Enix Online Services Privacy Policy located at http://eu.square-enix.com/en/documents/privacy (“Privacy Policy”) which incorporates the Square Enix Cookies Policy located at http://eu.square-enix.com/en/documents/cookies (“Cookies Policy”).
Please read each of the above documents carefully. The License Agreement, Privacy Policy and Cookies Policy (together the “Related Agreements”) are incorporated by reference into this User Agreement and by agreeing to be bound by this User Agreement you agree to be bound by the terms and conditions applicable to each of the above Related Agreements (the User Agreement and the Related Agreements shall be collectively referred to as the “Agreements”). Where a conflict exists between the terms of this User Agreement and any terms in the Related Agreements the terms of this User Agreement shall prevail.
We recommend that you print a copy of the Agreements for your records and that you regularly check http://eu.square-enix.com/en/documents/privacy for any updates that may have been made to the Agreements.
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, chat transcripts, artwork, plot, dialogue, locations, sounds and music) are owned by SQUARE ENIX or its licensors. You do not have any property rights in the service account you use to play the Game (“Square Enix Membership Account”).
YOU ACQUIRE NO OWNERSHIP OR PROPERTY RIGHTS IN ANY CHARACTER OR OTHER IN-GAME VIRTUAL GOODS, AND ARE ONLY LICENSED TO USE SUCH CHARACTERS AND GOODS ASSOCIATED WITH YOUR SQUARE ENIX MEMBERSHIP ACCOUNT ON A LIMITED, NON_EXCLUSIVE, REVOCABLE, NON-ASSIGNABLE, NON-TRANSFERABLE LICENSE SUBJECT TO THE CONDITIONS SET OUT IN THE AGREEMENTS. YOU AGREE THAT YOUR SQUARE ENIX MEMBERSHIP ACCOUNT AND ANY VIRTUAL GOODS AND CHARACTERS DO NOT HAVE ANY MONETARY VALUE.
2. LICENSE LIMITATIONS
The Game is a carefully controlled environment designed to provide the maximum level of enjoyment for all players. In order to preserve an enjoyable experience for all users, and to protect the intellectual property rights of SQUARE ENIX, the activities identified in this Clause 2 (“License Limitations”) are strictly prohibited and violate the conditions or limitations on your license to use the Game. Therefore, any use of the Game in violation of such restrictions exceeds the scope of the license granted to you and constitutes infringement of your license and is grounds for immediate revocation of your license. Use of the Game in excess of these provisions, or use at all after your license is revoked, infringes SQUARE ENIX’s copyrights and other intellectual property rights subsisting in and relating to the Game.
Violating these License Limitations may result in your suspension or permanent banning from any Square Enix accounts or such other lesser measures described in Clause 3 which SQUARE ENIX may take in its sole discretion, or an action for copyright infringement or other legal claims, all of which are reserved. You agree that offering or providing banned services to other players of the Game constitutes improper interference with SQUARE ENIX’s contracts with such players, and SQUARE ENIX reserves the right to take formal legal action against you if you do so, without warning.
SQUARE ENIX may update the list of License Limitations at http://eu.square-enix.com/en/documents/tnc at any time. The current License Limitations are as follows:
2.1 Cheating and Botting. You may not create or use any cheats, bots, automation software, hacks, mods or any other unauthorised software designed to modify the Game and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay.
2.2 Real Money Trading and Levelling Up. You may not sell, rent, hire, charge, mortgage, purchase or exchange for real-world money or value any in-game Runestones (as defined in Clause 5), accounts, characters, in-game services, or in-game virtual items. You may not play the Game for the purpose of acquiring virtual items or advancement in game play on behalf of a third-party or for the purpose of selling any virtual assets to a third party for real-world money, specifically including levelling-up services.
2.3 Commercial Use. You may not exploit the Game for any commercial purpose (for example, advertising any product or service in-game, or use by the operator of a cyber café) without SQUARE ENIX’s prior written consent.
2.4 Private Servers. You may not create, operate, participate in or use any unauthorised servers intended to emulate the Game.
2.5 Data Mining. You may not intercept, mine or otherwise collect information from the Game using unauthorised third party software.
2.6 Hacking and Circumvention. You may not hack, disassemble, decompile, or otherwise modify the Game or server computer code, whether the Game code is located on a DVD, Blu-rayTM disc, your computer/console or on SQUARE ENIX’s servers, except as expressly permitted by SQUARE ENIX or applicable law.
2.7 Modifying or Creating Derivative Software. You may not modify or cause to be modified any files that are a part of the Game or Service in any way not expressly authorized by SQUARE ENIX, and may not make any derivative works of the Game.
2.8 Spamming/Spimming. You may not use (or abuse) the in-game chat and/or message services to distribute advertisements or to otherwise harass players.
2.9 Non-transferable. You agree that your Square Enix Membership Account is non-transferable and, therefore, may not be transferred to or used by anyone other than you.
Nothing in this Clause 2 will affect your statutory rights as a consumer, which may vary from jurisdiction to jurisdiction.
3. PROHIBITED ACTIVITIES
In addition to the License Limitations, there are other activities (set out below) that you are forbidden from doing in connection with the Game (“Prohibited Activities”). Without prejudice to your statutory rights as a consumer which are not affected and in its discretion, SQUARE ENIX may use a variety of methods to deal with violations of this User Agreement and the Prohibited Activities, including, but not limited to, any of the following:
• Issuing a warning;
• Removing or deleting user generated levels, if applicable. on grounds including but not limited to; infringement of any third party intellectual property rights, use of profanity or any objectionable content flagged to the NOSGOTH community team;
• Removing or deleting ill-gotten in-game items, Gold or Runestones;
• Temporarily suspending a Square Enix Membership Account;
• Permanently terminating a Square Enix Membership Account;
• Permanently banning your IP address or residential address, or requesting our payment processing agent to permanently ban your credit card number;
• Asserting a lawsuit for breach of contract, copyright infringement, or other cause of action as may be applicable; and/or
• Seeking injunctive relief in any court or jurisdiction to prevent you from continuing such activity.
In addition and without prejudice to your statutory rights as a consumer, SQUARE ENIX shall be entitled to terminate any Square Enix Membership Account (immediately and without notice) of any User who (1) was previously suspended or terminated by SQUARE ENIX and who SQUARE ENIX can show re-registered using different registration information in order to circumvent or bypass such suspension or termination, or (2) SQUARE ENIX believes (in its sole discretion, based upon any information available, including without limitation registration and account information) that such User is enabling or assisting another User to conduct any Prohibited Activities of any kind.
SQUARE ENIX may update the list of Prohibited Activities at http://eu.square-enix.com/en/documents/tnc at any time. The current Prohibited Activities are as follows:
3.1 Sharing Account Information. You may not share your account or log-in information (such as your Square Enix Membership Account ID and password) with anyone except your legal guardian, your minor child, or SQUARE ENIX. You are responsible for maintaining the confidentiality of your account and log-in information, even from your friends and family. If you violate this provision, you may unexpectedly lose access to your account and SQUARE ENIX will not have any liability to you for any loss, damage, expense or otherwise arising as a result of such violation. In particular, SQUARE ENIX will not be obliged to credit your account with the amount of any in game Gold or Runestones, which may have been used by a third party as a result of the violation
3.2 Disruption. You may not in any way disrupt or interfere with the Game experience of other players, including without limitation the disruption of SQUARE ENIX’s computers and servers.
3.3 Profanity and Offensive Language. You may not use profanity or any language that a reasonable person would find offensive. The Game is for players aged 16 and older. You agree to behave accordingly.
3.4 Impersonation. You may not impersonate any person or entity or fraudulently hold yourself out as a SQUARE ENIX employee, representative, or any other SQUARE ENIX-connected person or being affiliated with any such person or entity. This means you cannot login to someone else’s account or deceive or mislead other people as to your identity. We encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users for your own safety.
3.5 Naming Right. You may not use any name or other intellectual property belonging to SQUARE ENIX or any other third party in your use of the Game (for example, naming a character after a celebrity, company, product or superhero).
3.6 Any Illegal Activities. You may not conduct any illegal activities whatsoever in connection with the Game. This includes every illegal activity not specifically highlighted above, including without limitation gambling, defamation, harassment and/or fraud.
3.7 False Account Information. You may not provide SQUARE ENIX with false information during the registration process.
3.8 User Generated Content (if supported)You may not upload any Prohibited UGC as defined in Clause 4 and in breach of any of the provisions therein.
4 USER GENERATED CONTENT.
In the event that NOSGOTH supports the creation of user generated content, the following will apply:
NOSGOTH allows you to create user generated game content including but not limited to; game levels, characters, environments, photographs, film, user profiles, avatars, sculptures, virtual installations, personalised greetings, puzzles, challenges, music, text, cut-scenes and to offer such content to other users in the Game (“UGC”). To create and distribute UGC, you have to adhere to this User Agreement and the further provisions of this Clause 4:
4.1 Prohibited UGC. You shall not create content or include in UGC any pictures, videos, links, names, words or other matters, which contain objectionable matter, such as political, religious, insulting, offensive, violent, sexist, pornographic or other, including racist or extremist content, persons or depictions. In addition, you agree not to use any copyrighted or otherwise legally protected terms, names, pictures, videos, music, games, or other material. In case of doubt, you shall promptly remove any UGC challenged by us. We are also entitled to remove any content at our discretion or in response to a formal take down notice by or on behalf of a rights holder. You will always respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright and trademark laws.
COMPLAINTS: WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, OR THAT DOES NOT INFRINGE YOUR INTELLECTUAL PROPERTY RIGHTS AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT.
You may, however, make complaints, or request that we take-down any such content, by contacting our support service at http://eu.square-enix.com/en/documents/tnc or by written notice to:
Customer Services, Square Enix Limited, 240 Blackfriars Road, London SE1 8NW.
4.2 User Responsibility. UGC is the sole responsibility of the user from which such UGC originated. You are entirely responsible and liable for the content, accuracy, completeness and legality of all UGC that you upload, post, transmit or otherwise make available through NOSGOTH or on the internet. You agree to defend, indemnify and hold SQUARE ENIX harmless and each of our respective affiliates, officers, directors, shareholders, employees, agents, representatives, licensors, assigns and successors-in-interest from and against any and all claims and damages, including legal expenses arising out of unauthorised use of third party intellectual property rights or objectionable matter in UGC or the violation of applicable laws or regulations. Content which was added by another user to your content or project is deemed content created by you once it is approved by you.
4.3 UGC Assignment. You hereby assign to SQUARE ENIX absolutely with full title guarantee in perpetuity the following rights throughout the world; (i) the entire copyright and all other rights in the nature of copyright subsisting in the UGC, (ii) any database right subsisting in the UGC; and (iii) all other rights in the UGC of whatever nature, whether now known or created in the future, to which you are now, or at any time after the date of this agreement may be, entitled by virtue of the laws in force in the United Kingdom and in any other part of the world, in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of this User Agreement. Your license to use the game and create content within the game is subject to your grant of the above assignment and your waiver of any further compensation and moral rights.
4.4 UGC Credit. You unconditionally and irrevocably waive, in respect of any UGC created by you in NOSGOTH including any updates or revisions to such UGC all moral rights to which you may now or at any future time be entitled under Chapter IV of the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world. As an author of UGC, you agree to not be credited as the author or if credited, to be attributed either 1) through a hyperlink (where possible) to the Square Enix Membership Account you uploaded the content with, or 2) through a list of all authors contributing to the UGC.
5. Gold, Runestones AND EXPERIENCE
NOSGOTH contains an in-game points based system operated by SQUARE ENIX where users can earn virtual gold (“Gold”) through Game-play or purchase Runestones which can only be redeemed by Users for certain in-game virtual assets including but not limited to; avatar enhancements and any virtual items displayed within the in-game catalogue (“Game Catalogue”).
5.1 Earning Gold. Users can earn Gold by various methods including but not limited to; completing a multiplayer match, as a daily reward for logging into their Square Enix Membership Account or completing challenges set by the NOSGOTH community team. The type and amount of Gold awarded for any user activity shall be at the sole discretion of SQUARE ENIX and subject to change without notice from time to time.
5.2 Purchasing Runestones. Users may purchase Runestones in-game from the in-game store or from the web store . Runestones purchased are subject to the limitations specified in Clause 2.2 of this User Agreement. Runestones that are given to Users for free as a result of promotion, gift, award or other offer by SQUARE ENIX (“Gift Runestones”) may expire at whatever date given by SQUARE ENIX in connection with the relevant promotion, gift, award or offer and such expiry date shall be at least fourteen (14) days from the date that the Gift Runestones are given to Users.
5.3 Usage of Gold and Runestones. Runestones and Gold represent a limited, revocable license to obtain certain services and/or goods offered by SQUARE ENIX. Gold and Runestones have no monetary value, are strictly non-refundable (unless provided for in this User Agreement or by the applicable law in your territory) and Users do not have any personal property rights in them. Therefore, they may not be traded for cash, currency or any form of property, licence or rights except for the products and services that SQUARE ENIX chooses to offer Users in its sole discretion. Users may not transfer Gold or Runestones to any other person or entity or receive Gold or Runestones from any other person or entity for any reason. SQUARE ENIX reserves the right to adjust the amount of Gold or Runestones due for each product and online service at any time, in its sole discretion. Once redeemed, Gold and/or Runestones will be deducted from a User’s Square Enix Membership Account balance and cannot be used again. Users will have the opportunity to identify and correct any input errors prior to placing an order for in-game items using Gold and/or Runestones and before the transaction has been completed. Without prejudice to a User’s statutory rights, which shall remain unaffected, a User has no right to reverse a transaction once it is completed. However, if SQUARE ENIX determines that an incorrect price (in Gold or Runestones) is identified for an in-game item or service, it reserves the right to reverse and/or nullify any such transaction.
5.4 Expiration and Termination of Gold and Runestones. SQUARE ENIX reserves the right to change the way that Gold and/or Runestones operate, or to terminate the applicability of Gold and/or Runestones altogether, at any time, in its sole discretion. In the event that Square Enix chooses to terminate the Gold and/or Runestones, you shall be given reasonable notice by email to the email address you provided to SQUARE ENIX on registration for your Square Enix Membership Account to redeem any unused Gold and/or Runestones held by you in your Square Enix Membership Account for products and/or services offered by Square Enix. The foregoing rights will be subject to and do not affect your statutory rights as a consumer.
5.5 Improper Acquisition of Gold and Runestones. Users agree that SQUARE ENIX has the absolute right to manage and regulate Gold and Rune stones in its sole discretion. If SQUARE ENIX can show any fraudulent, abusive or unlawful activity with respect to a User’s Gold and/or Runestones balance, then SQUARE ENIX may reduce or liquidate the User’s Gold and/or Runestones balance, or deactivate, suspend or terminate access thereto. If SQUARE ENIX accidently credits a Gold and/or Runestones balance inappropriately, SQUARE ENIX reserves the right to remove them from the Square Enix Membership Account at any time. If a User believes that SQUARE ENIX has accidently deducted Gold and/or Runestones from a Square Enix Membership Account, or has not properly credited a Square Enix Membership Account, the User must notify SQUARE ENIX as soon as practical so that an investigation may occur. If a User notifies SQUARE ENIX that the User contests a decision by SQUARE ENIX regarding a Square Enix Membership Account, SQUARE ENIX will use reasonable efforts to investigate Gold and/or Runestones balances that are reduced and Square Enix Membership Accounts that are suspended or terminated.
VIRTUAL GOODS WAIVER: BY ACCEPTANCE OF THIS USER AGREEMENT OR USE OF THE GOLD AND/OR RUNESTONES, USERS AGREE TO THE EXTENT PERMITTED BY LAW NOT TO ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SQUARE ENIX, ITS AFFILIATES, ITS BACK-END SERVICE PROVIDER, OR THEIR EMPLOYEES, ARISING OUT OF OR RELATED TO GOLD AND/OR RUNESTONES, OR WHICH IS BASED ON A THEORY THAT THE USERS "OWN" GOLD AND/OR RUNESTONES OR ANY VIRTUAL GOODS IN NOSGOTH OFFERED BY SQUARE ENIX OR ITS AFFILIATES.
Square Enix Limited and or Steam will be the sole issuing authorities for Runestones and any Runestones purchased may only be redeemed by Users for the purchase of in-game virtual items offered by Square Enix Limited at the following url: http://www.nosgoth.com/.
If you want to make a complaint about any aspect of the Runestones service please write to Square Enix Limited at its registered office address (240 Blackfriars Road, London SE1 8NW) marked for the attention of the Legal Department.
5.6.INTENTIONALLY DELETED
5.7 Gaining Experience. Users will gain in-game experience measured in ‘XP’ units by completing various activities including but not limited to; participating in multiplayer sessions based on win / loss and your score as a daily reward for logging into their Steam account or completing challenges set by the NOSGOTH community team.
6. BILLING PROCEDURES AND CANCELLATION RIGHTS
6.1 NOSGOTH Fees. Certain in-Game features of the Game including but not limited to the purchase of Runestones (“Premium Services”) may require payment of one-time fees or subscription fees (“Fee(s)”). In order to access the Premium Services you must agree to pay the Fee rates as indicated here http://nosgoth.com as may be amended from time to time. Any changes to those Fee rates will be posted with 30 days’ advance notice and notice will be provided to the Game community and by email to User’s registered email addresses. All NOSGOTH Fees are billed in advance. All NOSGOTH Fees are non-refundable, with the limited exception in Clause 6.2 below or any other circumstance expressly provided in this User Agreement where a full or partial refund may be provided for.
6.2 Pro-Rated Refunds in Exceptional Circumstances Only. The entirety of your Fee is applied by SQUARE ENIX to the Square Enix Membership Account on the day that it is charged. Without prejudice to your statutory rights as a consumer which are not affected, all charges related to the Game are non-refundable unless third-party criminal activity is involved, as determined by SQUARE ENIX or a refund is required as a result of any law or regulation in the relevant jurisdiction where the Fee has been paid. Therefore, if you deactivate your Square Enix Membership Account in the middle of a subscription period, where applicable, you will not receive a refund for the remainder of that subscription period
Notwithstanding the foregoing, if SQUARE ENIX revises the License Agreement or this User Agreement and you reject either when they are first presented to you for acceptance, you will be required to deactivate your Square Enix Membership Account and will immediately lose access to the Game. In such circumstances, upon request, SQUARE ENIX shall refund you a portion of the most recently-billed Fee.
6.3 Deactivation of Account You may deactivate your Square Enix Membership Account at any time here http://nosgoth.com, you must be logged in to your Square Enix Membership Account.
6.4 Reactivation of Square Enix Membership Account. You may reactivate your Square Enix Membership Account at any time, so long as the Game is still made available by SQUARE ENIX and account-related data has not been deleted or corrupted. If you reactivate your Square Enix Membership Account prior to the end of the current subscription period, where applicable,(meaning, while you still have access), you will retain your original subscription level and will not have to pay another NOSGOTH Fee for any unexpired subscription period.
6.5 Cancellation Rights. If you are contracting with us as a consumer, subject to the provisions of this Clause 6.5 you have the right to withdraw from any transaction made within NOSGOTH for the purchase of Runestones or a subscription period, if applicable, within any statutory time limits established by law within the relevant jurisdiction where the purchase was made and before SQUARE ENIX credits Runestones or applies a subscription leve lto your Square Enix Membership Account by following the procedures explained at [http://nosgoth.com]. By completing an online transaction in order to add Runestones or a subscription period, if applicable, to your Square Enix Membership Account you consent to SQUARE ENIX immediately adding the Runestones and/or subscription period to your Square Enix Membership Account for your immediate use and understand and accept that once SQUARE ENIX has added the ordered Runestones and/or subscription period, if applicable, to your Square Enix Membership Account you can no longer cancel the order, without prejudice to your statutory rights as a consumer to a refund in the case of defective or misdescribed products being added. Users have no right to receive a cash refund for unused Runestones and/or subscription period. Notwithstanding the foregoing, SQUARE ENIX will re-credit your Square Enix Membership Account in the event that Runestones and/or a subscription period are lost due to any system malfunction. Where you exercise your cancellation right in accordance with this Clause 6.5 you will receive a full refund of the Fee you paid at the time of purchase. A refund of the relevant NOSGOTH Fee shall be the maximum extent of our liability in respect of the cancellation of the Premium Service in question.
IMPORTANT NOTICE: TO BENEFIT FROM THIS CANCELLATION RIGHT YOU MUST NOT USE ANY OF THE PREMIUM SERVICES. YOUR CANCELLATION RIGHTS UNDER THIS CLAUSE 6.5 SHALL NOT APPLY WHERE YOU HAVE COMMENCED OR CONTINUED TO USE ANY OF THE PREMIUM SERVICES OR USE ANY PART OF THE PREMIUM SERVICES FROM THE POINT OF PURCHASE OF THE RELEVANT PREMIUM SERVICES.
6.6 Refund Requests. To request a refund in accordance with your statutory rights as a consumer, please contact NOSGOTH Customer Services here http://support.na.square-enix.com/. If a third party obtains access to a Square Enix Membership Account by use of a User’s Square Enix Membership Account ID and password, the User must notify SQUARE ENIX immediately in order to be eligible for any possible remedial action by SQUARE ENIX. SQUARE ENIX will promptly investigate any claim of a compromised Square Enix Membership Account and, in its sole discretion, may add some Runestones and/or a subscription period to the balance and/or unexpired subscription period if the third party depleted the Square Enix Membership Account without authorisation. SQUARE ENIX will not add Runestones and/or a GM if the User did not take appropriate steps to protect a Square Enix Membership Account ID and password from third parties, including members of the household.
7. INTERRUPTION TO THE SERVICE
From time to time, in order to provide our customers with the optimal gaming experience, it is necessary for SQUARE ENIX to conduct routine maintenance on the computers and/or servers that support the Game. During these times, access to the Game or support services may be interrupted. Access may also be temporarily suspended in whole or in part, without notice, due to emergency repairs, fire, flood, explosion, war, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, or by any other causes beyond SQUARE ENIX’s control, or any other reasons for which SQUARE ENIX, in its sole discretion, deems that temporary suspension is necessary. You acknowledge that such disruptions of service may occur and waive any causes of action against SQUARE ENIX in any way arising from or related to any such disruptions of service.
8. INTERNET ACCESS AND EQUIPMENT
You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, or videogame consoles) and Internet access necessary to play the Game, and for ensuring such equipment and services are compatible with all requirements of the Game.
9. PRIVACY AND USE OF INFORMATION
By playing the Game, you agree to SQUARE ENIX’s Privacy Policy (including the Cookies Policy) located here http://eu.square-enix.com/en/documents/cookies, which is incorporated into this User Agreement by reference. By clicking the “Yes” button you unconditionally and irrevocably agree to the terms of the Privacy Policy and Cookies Policy as varied and/or amended from time to time. If you do not accept the terms of the Privacy Policy and Cookies Policy you are not authorised to play the Game.
10. TERM AND TERMINATION
This User Agreement will begin when you first agree to it and install the Game and will remain in effect until terminated. Either you or SQUARE ENIX may terminate this User Agreement at any time without notice. Without prejudice to your statutory rights as a consumer which are unaffected, SQUARE ENIX reserves the right to discontinue publishing the Game in your country at any time, at which time the User Agreement will be terminated for all affected Users and Users shall be entitled to a pro rata refund of all or any Subscription Fee paid for the remainder of the Billing Cycle in which the Service was discontinued by Square. As described in Clause 3 (Enforcement for Violations) above, breach of this User Agreement may automatically terminate your license to use the Game. Upon termination of this User Agreement, the License Agreement or the Square Enix Account Terms of Use, you must uninstall, delete and/or destroy all copies of the Game (including all of its component parts) in your possession. The following Clauses shall survive any termination of this User Agreement: 1 (excluding the terminated licence grant), 2, 3, 6, 9, 10 and 11.
11. GENERAL TERMS
11.1 Indemnification. You agree to pay and reimburse us in full for the amount of all costs, fees, expenses, damages, penalties, liabilities and other losses which SQUARE ENIX and its parent, subsidiaries, affiliates, partners, officers, employees incur or suffer due to your usage of the Game in breach of the Agreements, your engagement in Prohibited Activities, and/or arising out of or related to content you submit, post, link to, transmit, or make available through the Game, your violation of this User Agreement, or your violation of any rights of another User.
11.2 Disclaimer of Warranties. ASIDE FROM THE EXPRESS WARRANTY PROVIDED WITH THE LICENSED SOFTWARE AND AS OTHERWISE PROVIDED IN THIS USER AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, REGARDING THE GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS; AND (B) SQUARE ENIX IS MAKING THE GAME AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND.
11.3 Informal Dispute Resolution. It is SQUARE ENIX’s goal to informally resolve legitimate consumer disputes without resort to formal litigation. Therefore, prior to filing any formal legal action against SQUARE ENIX, you agree to a make good faith attempt to informally resolve your grievance by sending a detailed letter with current contact information by Recorded Delivery to the Square Enix Limited marked for the attention of the Legal Department, Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU. You agree to allow SQUARE ENIX thirty (30) days to contact you to attempt to resolve the dispute. If you file a formal legal action without abiding by this Clause 11.3 and the action is unsuccessful, you agree that you will be responsible for SQUARE ENIX’s costs and reasonable attorney’s fees incurred as a result of the unsuccessful action.
11.4 Limited Liability/Remedy. YOU CAN RECOVER FROM SQUARE ENIX ITS PARENT, SUBISIDARY AND AFFILIATED COMPANIES (“SQUARE ENIX PARTIES”) ONLY DAMAGES WHICH ARE A FORESEEABLE CONSEQUENCE OF A BREACH OF THIS USER AGREEMENT BY SQUARE ENIX UP TO AN AMOUNT EQUAL TO THE NOSGOTH FEE CONTEMPLATED BY YOU AND SQUARE ENIX AT THE TIME YOUR SUBSCRIPTION IS ACCEPTED BY SQUARE ENIX. THE SQUARE ENIX PARTIES ARE NOT RESPONSIBLE FOR INDIRECT OR SO-CALLED “CONSEQUENTIAL” LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND US INCLUDING BUT NOT LIMITED TO: (A) LOSS OF INCOME OR REVENUE (B) LOSS OF BUSINESS (C) LOSS OF PROFITS OR CONTRACTS (D) LOSS OF ANTICIPATED SAVINGS (E) LOSS OF OPPORTUNITY (F) LOSS OF DATA. SQUARE ENIX PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE GAME SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS CLAUSE 11.4 OR ANYHWERE IN THIS USER AGREEMENT, NOTHING IN THIS USER AGREEMENT SHALL LIMIT OR EXCLUDE SQUARE ENIX’S LIABILITY TO YOU IN NEGLIGENCE FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OF SQUARE ENIX OR ANY OTHER LIABLITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS UNLAWFUL, UNENFORCEABLE OR VOID UNDER ANY APPLICABLE LAW.
Some states or jurisdictions may not allow the limitation or exclusion of certain warranties or conditions and where that is the case (and to such extent), the exclusions and limitations of liability in this User Agreement may not apply to you. Your statutory rights as a consumer are not affected
11.5 Injunctive Relief. In no event will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with SQUARE ENIX or with the distribution, operation, development, or performance of the Game or any related products or services.
11.6 Choice of Law and Venue. This User Agreement and any related dispute or claim (contractual or non-contractual) shall be governed by and construed in accordance with English law. Each party irrevocably submits for all purposes in connection with the User Agreement (including any such dispute or claim) to the exclusive jurisdiction of the English courts for any action, suit or proceeding arising out of or relating to this User Agreement or the Game, except that nothing in this User Agreement shall limit Square Enix Limited’s right to bring any action against any part in any other court of competent jurisdiction nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions for any other jurisdiction (whether concurrently or not) to the extent permitted by law of such other jurisdiction.
11.7 User Disputes. You shall be solely responsible for resolving any and all disputes that may arise between you and other Users in connection with the Game, and for paying any and all expenses incurred by you in connection with resolving such dispute. SQUARE ENIX 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.
11.8 Severability. If any sentence or any provision of this User Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this User Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
11.9 No Waiver. No waiver by SQUARE ENIX of any term, provision or condition of this User Agreement shall be deemed to be or construed as a waiver of any other term, provision or condition of this User Agreement. No SQUARE ENIX customer service representative or any other personnel of SQUARE ENIX who interacts with you is legally empowered to bind SQUARE ENIX to any amendment or waiver of the terms of this User Agreement.
11.10 Assignment. SQUARE ENIX shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this User Agreement in whole or in part to third party at any time without notice to Users. Each User’s rights are personal to such User and may not be assigned.
11.11 Entire Agreement. This User Agreement, together with the Related Agreements and any other terms of use relevant to your use of the Game or the Service, such as the user manual, constitutes the entire understanding and agreement between the parties with respect to your use of the Game and/or the Service and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. The Related Agreements shall form a part of this User Agreement and are expressly incorporated into this User Agreement by this reference. In the event of any conflict between this User Agreement and the Related Agreements, the terms of this User Agreement shall prevail; provided, however, that for all matters that are not covered in this User Agreement, the terms of the Related Agreements (as applicable) shall continue to apply.
11.12 Changes to this User Agreement. SQUARE ENIX 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 or the way that the Game operates at any time. SQUARE ENIX will notify you of 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-game notice. If you do not agree to any such change or modification, you may terminate this User Agreement by uninstalling the Licensed Software and destroying your copy(ies) and you will be entitled to receive a pro-rata refund of any Fee if such termination takes place in the middle of a GM by following the instructions at http://support.eu.square-enix.com/ Your continued use of the Game following any revision to this User Agreement will demonstrate your full acceptance of any and all such changes.
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Last Updated: 16/ 7/2013
PLEASE READ THIS USER AGREEMENT CAREFULLY INCLUDING THE PRIVACY POLICY, COOKIES POLICY AND SOFTWARE LICENCE. YOUR PARTICULAR ATTENTION IS DRAWN TO THE EXCLUSION CLAUSE AND LIMITATION OF LIABILITY CONTAINED IN CLAUSE 11 BELOW
Introduction
Welcome to NOSGOTH, an on-line (the “Game” or the “Service”). In order to play the Game, you (“you” or “User”) must first agree to this NOSGOTH User Agreement (“User Agreement”) between you and Square Enix Limited, a corporation registered in England with company number 01804186 VAT registration number 680 9884 78 and registered office address 240 Blackfriars Road, London SE1 8NW England (“SQUARE ENIX”).
PLEASE READ THIS USER AGREEMENT CAREFULLY. If you agree by checking the box next to the statement “Accept the User Agreement” or “I accept the terms of the above agreement(s)” you warrant that you have read this User Agreement, you understand the terms of this User Agreement, all information provided by you in registering for the Service is truthful and accurate and you agree to be bound by this User Agreement on behalf of yourself and, if you are under the age of 18, on your behalf by your parent or legal guardian. Once you agree, you will be contractually bound to the terms below, which shall govern all aspects of your use of the Game. No one under the age of 16 may play the Game.
This User Agreement applies to residents in PAL territories only. If you are not a resident of a PAL territory, please refer to the User Agreement relevant to the territory of your residence. In the absence of a relevant User Agreement for your territory of residence, the User Agreement for the Americas territory shall apply.
If you do not accept this User Agreement, then you will not be authorised to play the Game.
1. YOUR LIMITED LICENSE TO THE GAME AND SERVICE AND LACK OF OWNERSHIP RIGHTS
The Game includes software that is installed on your computer, as periodically updated by SQUARE ENIX (“Licensed Software”), as well as data that SQUARE ENIX maintains on its servers. Subject to your continued compliance with the conditions set out in this User Agreement, SQUARE ENIX grants you a limited license to use the Game. In order to play the Game, in addition to this User Agreement, you must also agree to the following:
a) if you are using Steam, the Software License Agreement for Steam (“License Agreement”), which grants you a license to use the Licensed Software required to play the Game located at http://www.nosgoth.com; and
b) the Square Enix Online Services Privacy Policy located at http://eu.square-enix.com/en/documents/privacy (“Privacy Policy”) which incorporates the Square Enix Cookies Policy located at http://eu.square-enix.com/en/documents/cookies (“Cookies Policy”).
Please read each of the above documents carefully. The License Agreement, Privacy Policy and Cookies Policy (together the “Related Agreements”) are incorporated by reference into this User Agreement and by agreeing to be bound by this User Agreement you agree to be bound by the terms and conditions applicable to each of the above Related Agreements (the User Agreement and the Related Agreements shall be collectively referred to as the “Agreements”). Where a conflict exists between the terms of this User Agreement and any terms in the Related Agreements the terms of this User Agreement shall prevail.
We recommend that you print a copy of the Agreements for your records and that you regularly check http://eu.square-enix.com/en/documents/privacy for any updates that may have been made to the Agreements.
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, chat transcripts, artwork, plot, dialogue, locations, sounds and music) are owned by SQUARE ENIX or its licensors. You do not have any property rights in the service account you use to play the Game (“Square Enix Membership Account”).
YOU ACQUIRE NO OWNERSHIP OR PROPERTY RIGHTS IN ANY CHARACTER OR OTHER IN-GAME VIRTUAL GOODS, AND ARE ONLY LICENSED TO USE SUCH CHARACTERS AND GOODS ASSOCIATED WITH YOUR SQUARE ENIX MEMBERSHIP ACCOUNT ON A LIMITED, NON_EXCLUSIVE, REVOCABLE, NON-ASSIGNABLE, NON-TRANSFERABLE LICENSE SUBJECT TO THE CONDITIONS SET OUT IN THE AGREEMENTS. YOU AGREE THAT YOUR SQUARE ENIX MEMBERSHIP ACCOUNT AND ANY VIRTUAL GOODS AND CHARACTERS DO NOT HAVE ANY MONETARY VALUE.
2. LICENSE LIMITATIONS
The Game is a carefully controlled environment designed to provide the maximum level of enjoyment for all players. In order to preserve an enjoyable experience for all users, and to protect the intellectual property rights of SQUARE ENIX, the activities identified in this Clause 2 (“License Limitations”) are strictly prohibited and violate the conditions or limitations on your license to use the Game. Therefore, any use of the Game in violation of such restrictions exceeds the scope of the license granted to you and constitutes infringement of your license and is grounds for immediate revocation of your license. Use of the Game in excess of these provisions, or use at all after your license is revoked, infringes SQUARE ENIX’s copyrights and other intellectual property rights subsisting in and relating to the Game.
Violating these License Limitations may result in your suspension or permanent banning from any Square Enix accounts or such other lesser measures described in Clause 3 which SQUARE ENIX may take in its sole discretion, or an action for copyright infringement or other legal claims, all of which are reserved. You agree that offering or providing banned services to other players of the Game constitutes improper interference with SQUARE ENIX’s contracts with such players, and SQUARE ENIX reserves the right to take formal legal action against you if you do so, without warning.
SQUARE ENIX may update the list of License Limitations at http://eu.square-enix.com/en/documents/tnc at any time. The current License Limitations are as follows:
2.1 Cheating and Botting. You may not create or use any cheats, bots, automation software, hacks, mods or any other unauthorised software designed to modify the Game and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay.
2.2 Real Money Trading and Levelling Up. You may not sell, rent, hire, charge, mortgage, purchase or exchange for real-world money or value any in-game Runestones (as defined in Clause 5), accounts, characters, in-game services, or in-game virtual items. You may not play the Game for the purpose of acquiring virtual items or advancement in game play on behalf of a third-party or for the purpose of selling any virtual assets to a third party for real-world money, specifically including levelling-up services.
2.3 Commercial Use. You may not exploit the Game for any commercial purpose (for example, advertising any product or service in-game, or use by the operator of a cyber café) without SQUARE ENIX’s prior written consent.
2.4 Private Servers. You may not create, operate, participate in or use any unauthorised servers intended to emulate the Game.
2.5 Data Mining. You may not intercept, mine or otherwise collect information from the Game using unauthorised third party software.
2.6 Hacking and Circumvention. You may not hack, disassemble, decompile, or otherwise modify the Game or server computer code, whether the Game code is located on a DVD, Blu-rayTM disc, your computer/console or on SQUARE ENIX’s servers, except as expressly permitted by SQUARE ENIX or applicable law.
2.7 Modifying or Creating Derivative Software. You may not modify or cause to be modified any files that are a part of the Game or Service in any way not expressly authorized by SQUARE ENIX, and may not make any derivative works of the Game.
2.8 Spamming/Spimming. You may not use (or abuse) the in-game chat and/or message services to distribute advertisements or to otherwise harass players.
2.9 Non-transferable. You agree that your Square Enix Membership Account is non-transferable and, therefore, may not be transferred to or used by anyone other than you.
Nothing in this Clause 2 will affect your statutory rights as a consumer, which may vary from jurisdiction to jurisdiction.
3. PROHIBITED ACTIVITIES
In addition to the License Limitations, there are other activities (set out below) that you are forbidden from doing in connection with the Game (“Prohibited Activities”). Without prejudice to your statutory rights as a consumer which are not affected and in its discretion, SQUARE ENIX may use a variety of methods to deal with violations of this User Agreement and the Prohibited Activities, including, but not limited to, any of the following:
• Issuing a warning;
• Removing or deleting user generated levels, if applicable. on grounds including but not limited to; infringement of any third party intellectual property rights, use of profanity or any objectionable content flagged to the NOSGOTH community team;
• Removing or deleting ill-gotten in-game items, Gold or Runestones;
• Temporarily suspending a Square Enix Membership Account;
• Permanently terminating a Square Enix Membership Account;
• Permanently banning your IP address or residential address, or requesting our payment processing agent to permanently ban your credit card number;
• Asserting a lawsuit for breach of contract, copyright infringement, or other cause of action as may be applicable; and/or
• Seeking injunctive relief in any court or jurisdiction to prevent you from continuing such activity.
In addition and without prejudice to your statutory rights as a consumer, SQUARE ENIX shall be entitled to terminate any Square Enix Membership Account (immediately and without notice) of any User who (1) was previously suspended or terminated by SQUARE ENIX and who SQUARE ENIX can show re-registered using different registration information in order to circumvent or bypass such suspension or termination, or (2) SQUARE ENIX believes (in its sole discretion, based upon any information available, including without limitation registration and account information) that such User is enabling or assisting another User to conduct any Prohibited Activities of any kind.
SQUARE ENIX may update the list of Prohibited Activities at http://eu.square-enix.com/en/documents/tnc at any time. The current Prohibited Activities are as follows:
3.1 Sharing Account Information. You may not share your account or log-in information (such as your Square Enix Membership Account ID and password) with anyone except your legal guardian, your minor child, or SQUARE ENIX. You are responsible for maintaining the confidentiality of your account and log-in information, even from your friends and family. If you violate this provision, you may unexpectedly lose access to your account and SQUARE ENIX will not have any liability to you for any loss, damage, expense or otherwise arising as a result of such violation. In particular, SQUARE ENIX will not be obliged to credit your account with the amount of any in game Gold or Runestones, which may have been used by a third party as a result of the violation
3.2 Disruption. You may not in any way disrupt or interfere with the Game experience of other players, including without limitation the disruption of SQUARE ENIX’s computers and servers.
3.3 Profanity and Offensive Language. You may not use profanity or any language that a reasonable person would find offensive. The Game is for players aged 16 and older. You agree to behave accordingly.
3.4 Impersonation. You may not impersonate any person or entity or fraudulently hold yourself out as a SQUARE ENIX employee, representative, or any other SQUARE ENIX-connected person or being affiliated with any such person or entity. This means you cannot login to someone else’s account or deceive or mislead other people as to your identity. We encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users for your own safety.
3.5 Naming Right. You may not use any name or other intellectual property belonging to SQUARE ENIX or any other third party in your use of the Game (for example, naming a character after a celebrity, company, product or superhero).
3.6 Any Illegal Activities. You may not conduct any illegal activities whatsoever in connection with the Game. This includes every illegal activity not specifically highlighted above, including without limitation gambling, defamation, harassment and/or fraud.
3.7 False Account Information. You may not provide SQUARE ENIX with false information during the registration process.
3.8 User Generated Content (if supported)You may not upload any Prohibited UGC as defined in Clause 4 and in breach of any of the provisions therein.
4 USER GENERATED CONTENT.
In the event that NOSGOTH supports the creation of user generated content, the following will apply:
NOSGOTH allows you to create user generated game content including but not limited to; game levels, characters, environments, photographs, film, user profiles, avatars, sculptures, virtual installations, personalised greetings, puzzles, challenges, music, text, cut-scenes and to offer such content to other users in the Game (“UGC”). To create and distribute UGC, you have to adhere to this User Agreement and the further provisions of this Clause 4:
4.1 Prohibited UGC. You shall not create content or include in UGC any pictures, videos, links, names, words or other matters, which contain objectionable matter, such as political, religious, insulting, offensive, violent, sexist, pornographic or other, including racist or extremist content, persons or depictions. In addition, you agree not to use any copyrighted or otherwise legally protected terms, names, pictures, videos, music, games, or other material. In case of doubt, you shall promptly remove any UGC challenged by us. We are also entitled to remove any content at our discretion or in response to a formal take down notice by or on behalf of a rights holder. You will always respect any applicable laws and regulations, especially with regard to youth protection, data privacy, protection of personal rights, protection against slander and defamation, copyright and trademark laws.
COMPLAINTS: WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, OR THAT DOES NOT INFRINGE YOUR INTELLECTUAL PROPERTY RIGHTS AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT.
You may, however, make complaints, or request that we take-down any such content, by contacting our support service at http://eu.square-enix.com/en/documents/tnc or by written notice to:
Customer Services, Square Enix Limited, 240 Blackfriars Road, London SE1 8NW.
4.2 User Responsibility. UGC is the sole responsibility of the user from which such UGC originated. You are entirely responsible and liable for the content, accuracy, completeness and legality of all UGC that you upload, post, transmit or otherwise make available through NOSGOTH or on the internet. You agree to defend, indemnify and hold SQUARE ENIX harmless and each of our respective affiliates, officers, directors, shareholders, employees, agents, representatives, licensors, assigns and successors-in-interest from and against any and all claims and damages, including legal expenses arising out of unauthorised use of third party intellectual property rights or objectionable matter in UGC or the violation of applicable laws or regulations. Content which was added by another user to your content or project is deemed content created by you once it is approved by you.
4.3 UGC Assignment. You hereby assign to SQUARE ENIX absolutely with full title guarantee in perpetuity the following rights throughout the world; (i) the entire copyright and all other rights in the nature of copyright subsisting in the UGC, (ii) any database right subsisting in the UGC; and (iii) all other rights in the UGC of whatever nature, whether now known or created in the future, to which you are now, or at any time after the date of this agreement may be, entitled by virtue of the laws in force in the United Kingdom and in any other part of the world, in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of this User Agreement. Your license to use the game and create content within the game is subject to your grant of the above assignment and your waiver of any further compensation and moral rights.
4.4 UGC Credit. You unconditionally and irrevocably waive, in respect of any UGC created by you in NOSGOTH including any updates or revisions to such UGC all moral rights to which you may now or at any future time be entitled under Chapter IV of the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world. As an author of UGC, you agree to not be credited as the author or if credited, to be attributed either 1) through a hyperlink (where possible) to the Square Enix Membership Account you uploaded the content with, or 2) through a list of all authors contributing to the UGC.
5. Gold, Runestones AND EXPERIENCE
NOSGOTH contains an in-game points based system operated by SQUARE ENIX where users can earn virtual gold (“Gold”) through Game-play or purchase Runestones which can only be redeemed by Users for certain in-game virtual assets including but not limited to; avatar enhancements and any virtual items displayed within the in-game catalogue (“Game Catalogue”).
5.1 Earning Gold. Users can earn Gold by various methods including but not limited to; completing a multiplayer match, as a daily reward for logging into their Square Enix Membership Account or completing challenges set by the NOSGOTH community team. The type and amount of Gold awarded for any user activity shall be at the sole discretion of SQUARE ENIX and subject to change without notice from time to time.
5.2 Purchasing Runestones. Users may purchase Runestones in-game from the in-game store or from the web store . Runestones purchased are subject to the limitations specified in Clause 2.2 of this User Agreement. Runestones that are given to Users for free as a result of promotion, gift, award or other offer by SQUARE ENIX (“Gift Runestones”) may expire at whatever date given by SQUARE ENIX in connection with the relevant promotion, gift, award or offer and such expiry date shall be at least fourteen (14) days from the date that the Gift Runestones are given to Users.
5.3 Usage of Gold and Runestones. Runestones and Gold represent a limited, revocable license to obtain certain services and/or goods offered by SQUARE ENIX. Gold and Runestones have no monetary value, are strictly non-refundable (unless provided for in this User Agreement or by the applicable law in your territory) and Users do not have any personal property rights in them. Therefore, they may not be traded for cash, currency or any form of property, licence or rights except for the products and services that SQUARE ENIX chooses to offer Users in its sole discretion. Users may not transfer Gold or Runestones to any other person or entity or receive Gold or Runestones from any other person or entity for any reason. SQUARE ENIX reserves the right to adjust the amount of Gold or Runestones due for each product and online service at any time, in its sole discretion. Once redeemed, Gold and/or Runestones will be deducted from a User’s Square Enix Membership Account balance and cannot be used again. Users will have the opportunity to identify and correct any input errors prior to placing an order for in-game items using Gold and/or Runestones and before the transaction has been completed. Without prejudice to a User’s statutory rights, which shall remain unaffected, a User has no right to reverse a transaction once it is completed. However, if SQUARE ENIX determines that an incorrect price (in Gold or Runestones) is identified for an in-game item or service, it reserves the right to reverse and/or nullify any such transaction.
5.4 Expiration and Termination of Gold and Runestones. SQUARE ENIX reserves the right to change the way that Gold and/or Runestones operate, or to terminate the applicability of Gold and/or Runestones altogether, at any time, in its sole discretion. In the event that Square Enix chooses to terminate the Gold and/or Runestones, you shall be given reasonable notice by email to the email address you provided to SQUARE ENIX on registration for your Square Enix Membership Account to redeem any unused Gold and/or Runestones held by you in your Square Enix Membership Account for products and/or services offered by Square Enix. The foregoing rights will be subject to and do not affect your statutory rights as a consumer.
5.5 Improper Acquisition of Gold and Runestones. Users agree that SQUARE ENIX has the absolute right to manage and regulate Gold and Rune stones in its sole discretion. If SQUARE ENIX can show any fraudulent, abusive or unlawful activity with respect to a User’s Gold and/or Runestones balance, then SQUARE ENIX may reduce or liquidate the User’s Gold and/or Runestones balance, or deactivate, suspend or terminate access thereto. If SQUARE ENIX accidently credits a Gold and/or Runestones balance inappropriately, SQUARE ENIX reserves the right to remove them from the Square Enix Membership Account at any time. If a User believes that SQUARE ENIX has accidently deducted Gold and/or Runestones from a Square Enix Membership Account, or has not properly credited a Square Enix Membership Account, the User must notify SQUARE ENIX as soon as practical so that an investigation may occur. If a User notifies SQUARE ENIX that the User contests a decision by SQUARE ENIX regarding a Square Enix Membership Account, SQUARE ENIX will use reasonable efforts to investigate Gold and/or Runestones balances that are reduced and Square Enix Membership Accounts that are suspended or terminated.
VIRTUAL GOODS WAIVER: BY ACCEPTANCE OF THIS USER AGREEMENT OR USE OF THE GOLD AND/OR RUNESTONES, USERS AGREE TO THE EXTENT PERMITTED BY LAW NOT TO ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SQUARE ENIX, ITS AFFILIATES, ITS BACK-END SERVICE PROVIDER, OR THEIR EMPLOYEES, ARISING OUT OF OR RELATED TO GOLD AND/OR RUNESTONES, OR WHICH IS BASED ON A THEORY THAT THE USERS "OWN" GOLD AND/OR RUNESTONES OR ANY VIRTUAL GOODS IN NOSGOTH OFFERED BY SQUARE ENIX OR ITS AFFILIATES.
Square Enix Limited and or Steam will be the sole issuing authorities for Runestones and any Runestones purchased may only be redeemed by Users for the purchase of in-game virtual items offered by Square Enix Limited at the following url: http://www.nosgoth.com/.
If you want to make a complaint about any aspect of the Runestones service please write to Square Enix Limited at its registered office address (240 Blackfriars Road, London SE1 8NW) marked for the attention of the Legal Department.
5.6.INTENTIONALLY DELETED
5.7 Gaining Experience. Users will gain in-game experience measured in ‘XP’ units by completing various activities including but not limited to; participating in multiplayer sessions based on win / loss and your score as a daily reward for logging into their Steam account or completing challenges set by the NOSGOTH community team.
6. BILLING PROCEDURES AND CANCELLATION RIGHTS
6.1 NOSGOTH Fees. Certain in-Game features of the Game including but not limited to the purchase of Runestones (“Premium Services”) may require payment of one-time fees or subscription fees (“Fee(s)”). In order to access the Premium Services you must agree to pay the Fee rates as indicated here http://nosgoth.com as may be amended from time to time. Any changes to those Fee rates will be posted with 30 days’ advance notice and notice will be provided to the Game community and by email to User’s registered email addresses. All NOSGOTH Fees are billed in advance. All NOSGOTH Fees are non-refundable, with the limited exception in Clause 6.2 below or any other circumstance expressly provided in this User Agreement where a full or partial refund may be provided for.
6.2 Pro-Rated Refunds in Exceptional Circumstances Only. The entirety of your Fee is applied by SQUARE ENIX to the Square Enix Membership Account on the day that it is charged. Without prejudice to your statutory rights as a consumer which are not affected, all charges related to the Game are non-refundable unless third-party criminal activity is involved, as determined by SQUARE ENIX or a refund is required as a result of any law or regulation in the relevant jurisdiction where the Fee has been paid. Therefore, if you deactivate your Square Enix Membership Account in the middle of a subscription period, where applicable, you will not receive a refund for the remainder of that subscription period
Notwithstanding the foregoing, if SQUARE ENIX revises the License Agreement or this User Agreement and you reject either when they are first presented to you for acceptance, you will be required to deactivate your Square Enix Membership Account and will immediately lose access to the Game. In such circumstances, upon request, SQUARE ENIX shall refund you a portion of the most recently-billed Fee.
6.3 Deactivation of Account You may deactivate your Square Enix Membership Account at any time here http://nosgoth.com, you must be logged in to your Square Enix Membership Account.
6.4 Reactivation of Square Enix Membership Account. You may reactivate your Square Enix Membership Account at any time, so long as the Game is still made available by SQUARE ENIX and account-related data has not been deleted or corrupted. If you reactivate your Square Enix Membership Account prior to the end of the current subscription period, where applicable,(meaning, while you still have access), you will retain your original subscription level and will not have to pay another NOSGOTH Fee for any unexpired subscription period.
6.5 Cancellation Rights. If you are contracting with us as a consumer, subject to the provisions of this Clause 6.5 you have the right to withdraw from any transaction made within NOSGOTH for the purchase of Runestones or a subscription period, if applicable, within any statutory time limits established by law within the relevant jurisdiction where the purchase was made and before SQUARE ENIX credits Runestones or applies a subscription leve lto your Square Enix Membership Account by following the procedures explained at [http://nosgoth.com]. By completing an online transaction in order to add Runestones or a subscription period, if applicable, to your Square Enix Membership Account you consent to SQUARE ENIX immediately adding the Runestones and/or subscription period to your Square Enix Membership Account for your immediate use and understand and accept that once SQUARE ENIX has added the ordered Runestones and/or subscription period, if applicable, to your Square Enix Membership Account you can no longer cancel the order, without prejudice to your statutory rights as a consumer to a refund in the case of defective or misdescribed products being added. Users have no right to receive a cash refund for unused Runestones and/or subscription period. Notwithstanding the foregoing, SQUARE ENIX will re-credit your Square Enix Membership Account in the event that Runestones and/or a subscription period are lost due to any system malfunction. Where you exercise your cancellation right in accordance with this Clause 6.5 you will receive a full refund of the Fee you paid at the time of purchase. A refund of the relevant NOSGOTH Fee shall be the maximum extent of our liability in respect of the cancellation of the Premium Service in question.
IMPORTANT NOTICE: TO BENEFIT FROM THIS CANCELLATION RIGHT YOU MUST NOT USE ANY OF THE PREMIUM SERVICES. YOUR CANCELLATION RIGHTS UNDER THIS CLAUSE 6.5 SHALL NOT APPLY WHERE YOU HAVE COMMENCED OR CONTINUED TO USE ANY OF THE PREMIUM SERVICES OR USE ANY PART OF THE PREMIUM SERVICES FROM THE POINT OF PURCHASE OF THE RELEVANT PREMIUM SERVICES.
6.6 Refund Requests. To request a refund in accordance with your statutory rights as a consumer, please contact NOSGOTH Customer Services here http://support.na.square-enix.com/. If a third party obtains access to a Square Enix Membership Account by use of a User’s Square Enix Membership Account ID and password, the User must notify SQUARE ENIX immediately in order to be eligible for any possible remedial action by SQUARE ENIX. SQUARE ENIX will promptly investigate any claim of a compromised Square Enix Membership Account and, in its sole discretion, may add some Runestones and/or a subscription period to the balance and/or unexpired subscription period if the third party depleted the Square Enix Membership Account without authorisation. SQUARE ENIX will not add Runestones and/or a GM if the User did not take appropriate steps to protect a Square Enix Membership Account ID and password from third parties, including members of the household.
7. INTERRUPTION TO THE SERVICE
From time to time, in order to provide our customers with the optimal gaming experience, it is necessary for SQUARE ENIX to conduct routine maintenance on the computers and/or servers that support the Game. During these times, access to the Game or support services may be interrupted. Access may also be temporarily suspended in whole or in part, without notice, due to emergency repairs, fire, flood, explosion, war, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, or by any other causes beyond SQUARE ENIX’s control, or any other reasons for which SQUARE ENIX, in its sole discretion, deems that temporary suspension is necessary. You acknowledge that such disruptions of service may occur and waive any causes of action against SQUARE ENIX in any way arising from or related to any such disruptions of service.
8. INTERNET ACCESS AND EQUIPMENT
You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, or videogame consoles) and Internet access necessary to play the Game, and for ensuring such equipment and services are compatible with all requirements of the Game.
9. PRIVACY AND USE OF INFORMATION
By playing the Game, you agree to SQUARE ENIX’s Privacy Policy (including the Cookies Policy) located here http://eu.square-enix.com/en/documents/cookies, which is incorporated into this User Agreement by reference. By clicking the “Yes” button you unconditionally and irrevocably agree to the terms of the Privacy Policy and Cookies Policy as varied and/or amended from time to time. If you do not accept the terms of the Privacy Policy and Cookies Policy you are not authorised to play the Game.
10. TERM AND TERMINATION
This User Agreement will begin when you first agree to it and install the Game and will remain in effect until terminated. Either you or SQUARE ENIX may terminate this User Agreement at any time without notice. Without prejudice to your statutory rights as a consumer which are unaffected, SQUARE ENIX reserves the right to discontinue publishing the Game in your country at any time, at which time the User Agreement will be terminated for all affected Users and Users shall be entitled to a pro rata refund of all or any Subscription Fee paid for the remainder of the Billing Cycle in which the Service was discontinued by Square. As described in Clause 3 (Enforcement for Violations) above, breach of this User Agreement may automatically terminate your license to use the Game. Upon termination of this User Agreement, the License Agreement or the Square Enix Account Terms of Use, you must uninstall, delete and/or destroy all copies of the Game (including all of its component parts) in your possession. The following Clauses shall survive any termination of this User Agreement: 1 (excluding the terminated licence grant), 2, 3, 6, 9, 10 and 11.
11. GENERAL TERMS
11.1 Indemnification. You agree to pay and reimburse us in full for the amount of all costs, fees, expenses, damages, penalties, liabilities and other losses which SQUARE ENIX and its parent, subsidiaries, affiliates, partners, officers, employees incur or suffer due to your usage of the Game in breach of the Agreements, your engagement in Prohibited Activities, and/or arising out of or related to content you submit, post, link to, transmit, or make available through the Game, your violation of this User Agreement, or your violation of any rights of another User.
11.2 Disclaimer of Warranties. ASIDE FROM THE EXPRESS WARRANTY PROVIDED WITH THE LICENSED SOFTWARE AND AS OTHERWISE PROVIDED IN THIS USER AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, REGARDING THE GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS; AND (B) SQUARE ENIX IS MAKING THE GAME AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND.
11.3 Informal Dispute Resolution. It is SQUARE ENIX’s goal to informally resolve legitimate consumer disputes without resort to formal litigation. Therefore, prior to filing any formal legal action against SQUARE ENIX, you agree to a make good faith attempt to informally resolve your grievance by sending a detailed letter with current contact information by Recorded Delivery to the Square Enix Limited marked for the attention of the Legal Department, Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU. You agree to allow SQUARE ENIX thirty (30) days to contact you to attempt to resolve the dispute. If you file a formal legal action without abiding by this Clause 11.3 and the action is unsuccessful, you agree that you will be responsible for SQUARE ENIX’s costs and reasonable attorney’s fees incurred as a result of the unsuccessful action.
11.4 Limited Liability/Remedy. YOU CAN RECOVER FROM SQUARE ENIX ITS PARENT, SUBISIDARY AND AFFILIATED COMPANIES (“SQUARE ENIX PARTIES”) ONLY DAMAGES WHICH ARE A FORESEEABLE CONSEQUENCE OF A BREACH OF THIS USER AGREEMENT BY SQUARE ENIX UP TO AN AMOUNT EQUAL TO THE NOSGOTH FEE CONTEMPLATED BY YOU AND SQUARE ENIX AT THE TIME YOUR SUBSCRIPTION IS ACCEPTED BY SQUARE ENIX. THE SQUARE ENIX PARTIES ARE NOT RESPONSIBLE FOR INDIRECT OR SO-CALLED “CONSEQUENTIAL” LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND US INCLUDING BUT NOT LIMITED TO: (A) LOSS OF INCOME OR REVENUE (B) LOSS OF BUSINESS (C) LOSS OF PROFITS OR CONTRACTS (D) LOSS OF ANTICIPATED SAVINGS (E) LOSS OF OPPORTUNITY (F) LOSS OF DATA. SQUARE ENIX PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE GAME SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS CLAUSE 11.4 OR ANYHWERE IN THIS USER AGREEMENT, NOTHING IN THIS USER AGREEMENT SHALL LIMIT OR EXCLUDE SQUARE ENIX’S LIABILITY TO YOU IN NEGLIGENCE FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OF SQUARE ENIX OR ANY OTHER LIABLITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS UNLAWFUL, UNENFORCEABLE OR VOID UNDER ANY APPLICABLE LAW.
Some states or jurisdictions may not allow the limitation or exclusion of certain warranties or conditions and where that is the case (and to such extent), the exclusions and limitations of liability in this User Agreement may not apply to you. Your statutory rights as a consumer are not affected
11.5 Injunctive Relief. In no event will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with SQUARE ENIX or with the distribution, operation, development, or performance of the Game or any related products or services.
11.6 Choice of Law and Venue. This User Agreement and any related dispute or claim (contractual or non-contractual) shall be governed by and construed in accordance with English law. Each party irrevocably submits for all purposes in connection with the User Agreement (including any such dispute or claim) to the exclusive jurisdiction of the English courts for any action, suit or proceeding arising out of or relating to this User Agreement or the Game, except that nothing in this User Agreement shall limit Square Enix Limited’s right to bring any action against any part in any other court of competent jurisdiction nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions for any other jurisdiction (whether concurrently or not) to the extent permitted by law of such other jurisdiction.
11.7 User Disputes. You shall be solely responsible for resolving any and all disputes that may arise between you and other Users in connection with the Game, and for paying any and all expenses incurred by you in connection with resolving such dispute. SQUARE ENIX 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.
11.8 Severability. If any sentence or any provision of this User Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this User Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
11.9 No Waiver. No waiver by SQUARE ENIX of any term, provision or condition of this User Agreement shall be deemed to be or construed as a waiver of any other term, provision or condition of this User Agreement. No SQUARE ENIX customer service representative or any other personnel of SQUARE ENIX who interacts with you is legally empowered to bind SQUARE ENIX to any amendment or waiver of the terms of this User Agreement.
11.10 Assignment. SQUARE ENIX shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this User Agreement in whole or in part to third party at any time without notice to Users. Each User’s rights are personal to such User and may not be assigned.
11.11 Entire Agreement. This User Agreement, together with the Related Agreements and any other terms of use relevant to your use of the Game or the Service, such as the user manual, constitutes the entire understanding and agreement between the parties with respect to your use of the Game and/or the Service and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. The Related Agreements shall form a part of this User Agreement and are expressly incorporated into this User Agreement by this reference. In the event of any conflict between this User Agreement and the Related Agreements, the terms of this User Agreement shall prevail; provided, however, that for all matters that are not covered in this User Agreement, the terms of the Related Agreements (as applicable) shall continue to apply.
11.12 Changes to this User Agreement. SQUARE ENIX 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 or the way that the Game operates at any time. SQUARE ENIX will notify you of 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-game notice. If you do not agree to any such change or modification, you may terminate this User Agreement by uninstalling the Licensed Software and destroying your copy(ies) and you will be entitled to receive a pro-rata refund of any Fee if such termination takes place in the middle of a GM by following the instructions at http://support.eu.square-enix.com/ Your continued use of the Game following any revision to this User Agreement will demonstrate your full acceptance of any and all such changes.
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