SQUARE ENIX MEMBERS

I. PURPOSE

1. The terms and conditions presented here define the conditions of use for the "Square Enix Members" service provided by Square Enix, Inc.
2. In order to register for the "Square Enix Members" service, you must read and agree to these terms and conditions. Persons who do not agree with any or all of the terms and conditions presented in this document may not register for the "Square Enix Members" service. The submission of an application to register for the "Square Enix Members" service will be considered your agreement to these terms and conditions.

II. DEFINITIONS

1. "The Company" refers to Square Enix, Inc.
2. "The Service" refers to all services provided by the Company which make up the "Square Enix Members" service.
3. A "Member" refers to a person who has agreed to these terms and conditions, has applied to use the Service, and has received an ID as a user of the Service.
4. An "ID" refers to an identification code assigned by the Company to each Member in order to identify and manage the Members of the Service.
5. "ID Registration Information" refers to personal information such as name, address, e-mail address, password, or any other such information required by the Company as a prerequisite when applying for an ID.
6. "E-mail Newsletter" refers to the "Square Enix E-Mail Newsletter" or e-mail newsletters subscribed to by Members, which are solicited by Members and distributed by the Company.
7. A "Members-Only Site" is a web site hosted on the Company's servers or on the servers of a third party specified by the Company for use only by Members.
8. "Submitted Information" refers to all information provided to the Company by Members through the use of the Service on any Members Only Sites or via e-mail (excluding IDs and ID Registration Information).
9. "Cancellation" refers to the cancellation of a Member's registration with the Service.

III. ID REGISTRATION APPLICATION/MANAGEMENT

1. Any person who wishes to register as a Member of the Service must follow the instructions specified by the Company at any ID registration location on a Members-Only Site and submit a completed ID registration application.
2. The Company reserves the right to deny or cancel any registration for any reason or no reason, with or without notice.
3. All applicants must represent that all information provided with the application is that of the applicant and is not false or stolen information.
4. Each Member is solely responsible for the security of their ID and password. Each Member must agree not to give away or share their own ID and/or ID Registration Information with any third parties, and accept full responsibility for any and all actions which are taken by that any user of that ID, even if their ID is compromised by a third party. The Company will not be held responsible for any losses incurred through the insufficient management, negligent use, or third party use of IDs and/or passwords.
5. Members shall immediately report to the Company the theft or misuse of their ID and/or ID Registration Information by a third party, and shall follow the Company's subsequent instructions.
6. If a Member's ID Registration Information needs to be changed, that Member must follow the instructions to change that information as soon as possible.

IV. DESCRIPTION OF SERVICE

1. The Company will provide information regarding items such as the Company's, affiliated companies', and the Company's partner companies' products, services, events, and surveys through the Service's Members-Only Sites, e-mail, and other media.
2. The Company reserves the right to modify a portion or all of the content that makes up the Service at any time, without any prior notification to, or the approval of, its Members.

V. OWNERSHIP OF INTELLECTUAL PROPERTY

1. All copyrighted and copyrightable materials on the Service, including, without limitation, the Square Enix logo, designs, text, graphics, pictures, software, sound files and other files, and the selection and arrangement thereof ("Company Content") are ALL RIGHTS RESERVED Copyright ©2008 Square Enix Co., Ltd. and/or its licensors. Except as stated herein, none of the Company Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Square Enix or the respective copyright owner. Permission is granted to display, copy, distribute and download the Company Content on this Service for your personal use, non-commercial use, and informational use only; provided that, you may not, without the permission of Square Enix or the respective copyright owner, (a) copy, publish, or post any Company Content on any computer network or broadcast or publications media, (b) modify the Company Content, or (c) remove or alter any copyright and other proprietary notices contained in the Company Content.
2. Should the Company receive any business proposals or ideas through the Square Enix Members' Service (each a "Proposal"), the Company will not be held responsible for the confidentiality of these Proposals, nor will the Company be obligated to consider, evaluate, or use any Proposals. Should a Proposal be adopted into use in whole or in part by the Company or its affiliated companies, the Company will not be held responsible for any compensation or payment to the Member who submitted the Proposal to the Company.
3. Members assign to Company all right, title and interest in any copyrights in any Submitted Information immediately upon submission.

VI. USING THE SERVICE

1. Members are expected to follow the rules established in these terms and conditions as well as any other rules established elsewhere by the Company when using the Service.
2. Should a Member cause any damage to the Company or any third party (including other Members), or should any dispute arise between a Member and any third party, that Member will be solely responsible for all damages.
3. The Company reserves the right, but not the obligation, to modify and/or edit without any prior notice any Submitted Information received from Members, and the right to post or not post Submitted Information in E-mail Newsletters distributed by the Company or on Members-Only Sites.
4. Members shall not object to the reprinting of Submitted Information or any other use of that information.
5. Members agree to compensate Company for any losses incurred by the Company or any other third party through their use of the Members-Only Sites and/or any other part of the Service.

VII. CANCELLATION OF MEMBERSHIP

1. Members may seek cancellation of their Membership at any time by completing and submitting a cancellation form accessed within the Members-Only Site. A Membership will be cancelled only after the request is processed by the Company.
2. Members acknowledge that a certain period of time may be required for a Membership cancellation to be reflected in the system even after the cancellation process is completed.
3. The Company reserves the right to cancel the Membership of any Member for the following reasons, with no prior notice to the Member, and no liability to Company:
1. Violation of any of the terms and conditions, or Rules of Conduct, defined in this document, or other online policies of Company, including the Privacy Policy;
2. Member's failure to maintain a functional e-mail address on file with Company, which allows Member to receive Company emails without being filtered;
   
3. Re-registration of a previously-cancelled Membership;
4. Use of an ID or ID Registration Information for malicious purposes, or
5. The Member is deemed inappropriate for any other reason at the sole discretion of the Company.
4. The Company is under no obligation to reveal the reasoning for any such cancellation to any Member. Any Member who is found in violation of the rules put forth in Item VII(3) above, and who is determined to have caused damage to the Company through that violation, shall be required to provide compensation to the Company for all such losses incurred.

VIII. RULES OF CONDUCT

1. Members shall not do any of the following actions involving the Service:
1. Use another Member's ID or ID Registration Information, or falsify ID or ID Registration Information to register as a Member, or to impersonate another person;
2. Send unsolicited email ("spam"), including chain e-mails, that may obstruct the normal use of the Service for other Members;
3. Distribute or post computer viruses, files, programs, or other data that could result in the disruption, destruction, limitation, or manipulation of the functionality of computer software, hardware, or communication devices;
4. Use of obscene, cruel, or discriminatory language and/or expressions that may offend others;
5. Infringe the Company's, other Members', or any other third party's intellectual property rights, or invade anyone's privacy;
6. Cause damage and losses to the Company, other Members, or any other third party;
7. Offend public order and morals;
8. Violate any laws or regulations;
9. Use the Service for commercial purposes without the prior consent of the Company, including the sale of products and services through the Service;
10. Engage in any political activities or religious proselytizing;
11. Disrupt the Company's systems or the operation of the Service (e.g., "hacking");
12. Defame the Service, and
13. Undertake any other action deemed inappropriate at the sole discretion of the Company.
2. Any Member who is found in violation of these rules shall be terminated from the Service and may be required to provide compensation to the Company for all such losses incurred.

IX. HANDLING MEMBERS' PERSONAL INFORMATION

1. The Company will use ID Registration Information and other personal information ("Personal Information") provided by Members pursuant to the terms of our Privacy Policy

X. TERMINATION AND TEMPORARY STOPPAGE OF THE SERVICE

1. The Company reserves the right to stop the Service, in whole or in part, for any of the following reasons, or no reason at all, with or without prior notice to the Members:
2. To perform regularly scheduled or emergency maintenance on the equipment utilized to provide the Service;
3. The Service cannot be provided due to system or network malfunctions, fire damage, power outages, or any other unforeseen accidents, or in unpredictable circumstances such as natural disasters;
4. The Company elects to discontinue the Service;
5. The Service cannot be provided due to legal restrictions.
6. The Company will not be held responsible for any losses or damages caused to Members due to the termination or temporary stoppage, in whole or in part, of the Service as described in this section.

XI. Disclaimers

1. "AS IS". THIS SERVICE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, OR BY EMAIL, IS AT YOUR SOLE RISK.
2. WARRANTY DISCLAIMER. SQUARE ENIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SERVICE. SQUARE ENIX DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SQUARE ENIX IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE SQUARE ENIX ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SERVICE IS SAFE, SQUARE ENIX CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. Square Enix reserves the right to change any and all content contained on this Service at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Square Enix.
4. LIMITATION OF LIABILITY. IN NO EVENT SHALL SQUARE ENIX BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SERVICE.
5. Furthermore, the Company does not guarantee any of the items listed below to Members in relation to the use, in whole or in part, of the Service, nor will the Company be held responsible for any disputes, losses, or damages incurred by or between Members or third parties affected by the occurrence of any or all of the following:
1. Hacking or spoofing by third parties;
2. Interrupted or untimely distribution of E-mail Newsletters and/or access to Members-Only Sites;
3. That Member data for the Service will not be deleted or modified;
4. That there are no defects such as malfunctions, errors, or glitches in the infrastructure, systems, software, and/or hardware used to provide the Service, or in its communication networks, and
5. That Members will not incur any losses or damages by visiting sites linked to by third parties in the e-mail newsletters and/or Members only sites.
6. Notwithstanding anything to the contrary contained in this section or in these terms and conditions, the Company's total liability to a Members will at all times be limited to the amount of money paid by the Member to the Service during the calendar month in which the losses were incurred.

XII. REVISIONS TO THIS AGREEMENT

1. This agreement and the terms and conditions set forth herein may be revised at any time with no prior notice. Use of the Service following the posting of any such revisions shall constitute each Member's agreement to the changes.
2. Notice regarding changes to this agreement may be provided via the Members-Only Sites or through the regular E-mail Newsletter.

XIII. SUPPLEMENTARY PROVISIONS

1. This agreement is current as of March 18, 2008 and effective on the date Member first accepts its terms.