PHANTASY STAR ONLINE BLUE BURST
SUBSCRIBER AGREEMENT AND TERMS OF SERVICE

 

Welcome to Phantasy Star Online Blue Burst (the "Program"). The Program is owned and operated by SEGA Corporation and its affiliates (collectively, "SEGA"). This Subscriber Agreement and Terms of Service (the "Subscriber Agreement") is a legal agreement between you and SEGA for your use of the online features of the Program. You may review the most current version of this Subscriber Agreement any time at: http://www.sega.com/psobb.

Please read the following terms and conditions carefully. To become a subscriber of the Program, You must (a) agree to the following terms and conditions, and (b) purchase access rights (known as a "Hunter's License") to connect to the Program server (the "Program Server"). By completing the access sign up process (and clicking on the "Accept" button), You agree to abide by all of the terms and conditions of this Subscriber Agreement as well as the End User License Agreement (the "EULA") and the Rules of Conduct, which are incorporated herein by this reference and all of which (including this Subscriber Agreement) may be amended from time to time. In case of any inconsistency between the terms of this Subscriber Agreement and the EULA, the terms of this Subscriber Agreement shall control. All future modifications to this Subscriber Agreement, the EULA, or the Rules of Conduct will be posted on the official Web site of the Program at http://www.sega.com/psobb (the "Official Program Web Site") . Your continued use of the Program constitutes your binding acceptance of this Subscriber Agreement, the Rules of Conduct, and the EULA, including any modifications made by SEGA hereto or thereto. You will be deemed to have consented to any and all modifications to such agreements upon your first connection to the online features of the Program following posting of such modifications on the Official Program Web Site. In addition, by accepting this Subscriber Agreement, You agree to regularly review the Official Program Web Site, including any postings or other information on such Official Program Web Site concerning the EULA, this Subscriber Agreement and/or the Rules of Conduct. If you do not accept (or cannot comply with) ths Subscriber Agreement, you are not allowed to access or use the Program, and you must discontinue processing your subscription by clicking on the "Cancel" button displayed during the access sign up process. To become a Program subscriber and receive your Hunter's License, you must be at least eighteen (18) years old. If you are not yet eighteen (18) years old, you may still use the online features of the Program, but only if your parent or legal guardian purchases a Hunter's License.

1. REGISTRATION AND SUBSCRIPTION BASICS

Following acceptance of this Subscriber Agreement, you will be directed on one or more occasion to subscribe to the Program and to obtain a Hunter's License through the Program sign up/registration process and to provide SEGA with certain information about yourself. Upon downloading the Program, you will create a "Username" and "Password" for your individual use that must be used to access and use the online features of the Program. You may never use another person's Username or Password.

When you accept this Subscriber Agreement and complete the Program registration process, a Hunter's License account will be created for you ("Your Account"). You are entirely responsible for all activity on Your Account. Any notice of violations or warnings issued by SEGA relating to activity in Your Account will be posted to Your Account mailbox (the e-mail address that you specified during the sign-up process); it is important that you regularly check Your Account mailbox for notices from SEGA concerning Your Account. Because you are responsible for all use of Your Account, you must supervise the use of Your Account by others; this is especially important if children are using Your Account.

You agree not to reveal your Password to other users. You should immediately notify SEGA of any unauthorized use of your Password, Username, Your Account or any other breach of security. You agree to promptly report to SEGA any and all errors, malfunctions, or design defects in the operation of the Program, the Official Program Web Site or the Program Server of which you become aware.

You represent and warrant to SEGA that you have not provided any untruthful information or intentionally withheld any required information when submitting personal and other information in connection with this Section 1 or otherwise in accordance with this Subscriber Agreement. In addition to updating your personal e-mail and contact information in connection with Section 14 below, you will also promptly inform SEGA of any changes that occur to any of the information provided to SEGA in connection with the sign-up/registration process. SEGA reserves the right to terminate or suspend your access to the online features of the Program in the event you provide registration information which is false, inaccurate, not current or incomplete.

SEGA may elect, at its option, to provide you with limited access rights to the online features of the Program for evaluation purposes. Such limited evaluation access rights will be available for a fixed period of time. Should you be given such limited evaluation access rights, you acknowledge that all of the terms and conditions of this Subscriber Agreement, including the EULA and the Rules of Conduct, shall apply to any such access (except with respect to the first paragraph of Section 2 below).

SEGA also reserves the right to refuse access or registration, including the right to refuse granting a Hunter's License or a limited evaluation license, under any of the following circumstances: (a) the registration information provided by you (including without limitation your e-mail address) cannot be clearly attributed to you; (b) you have been known to have breached in the past any agreement with SEGA (including this Subscriber Agreement) or SEGA has reason to believe that you are in breach of this Subscriber Agreement at the time of the registration; (c) SEGA has reason to believe that you do not meet the eligibility requirements as stated in this Subscriber Agreement; or (d) for any other reason that SEGA, in its sole business judgment, considers to be a legitimate business reason.

2. CHARGES AND BILLING

Your access to and use of the Program is subject to your payment of the applicable fees set forth on the Program sign-up page, as they may be updated from time to time. SEGA will charge your designated card every month until you choose to cancel your subscription. Every time you access the online features of the Program, you reaffirm that SEGA is authorized to charge your credit card.

You agree that you will be billed for and will pay any outstanding balances if your access to the online features of the Program is terminated or suspended by you or by SEGA for any or no reason. You are responsible and liable for any fees, including attorney and collection fees, that SEGA may incur in its efforts to collect any remaining balances from you. You should let SEGA know about any billing problems or discrepancies within ninety (90) days after they first appear on your credit card statement. If you do not bring them to SEGA's attention within ninety (90) days, you agree that you waive your rights to dispute such problems or discrepancies.

You are solely responsible for preparing the hardware, settings, and Internet Service Provider ("ISP") services required to connect to the Internet, as well as any fees associated with online access such as ISP service fees, telephone, and connection changes.

3. SEGA PRIVACY POLICY

By accepting this Subscriber Agreement, you also agree to SEGA's collection, use and disclosure of information about you in accordance with the SEGA Privacy Policy, as amended from time to time. The terms of the SEGA Privacy Policy are incorporated herein by this reference. Please review carefully the SEGA Privacy Policy at http://www.sega.com/corporate/privacy.

4. ONLINE CONTENT AND USER CONDUCT

(a) Content

"Content" means any text, software, communications, advertising, images, sounds, games or other goods, or any other information provided or made available (including through links) through SEGA Web site(s), the Program, the Official Program Web Site, or otherwise through the Program Server . Most Content is provided by SEGA, its subscribers, its affiliates, or independent content providers under license. You acknowledge that SEGA does not pre-screen or control the Content and is not obligated or responsible to verify the Program, the Official Program Web Site, or the Program Server (if applicable). SEGA reserves the right to remove or edit Content that, in its judgment, does not meet its standards or does not comply with this Subscriber Agreement, the EULA, or the Rules of Conduct; provided, however, that SEGA shall not be responsible or liable in any way for failure or delay in removing such material.

(b) Conduct

You agree to abide by the following standards set forth in this Subscriber Agreement, the EULA, and the Rules of Conduct. Without limiting the foregoing, you agree not to use the SEGA Web site(s), the Program, the Official Program Web Site, or the Program Server to:

(1) post, transmit, or cause to be posted or transmitted, any inappropriate Content, which includes Content that (i) violates any third party's intellectual property or other rights, (ii) is unlawful, threatening, harassing, libelous, privacy invading, vulgar, harmful, pornographic, indecent, obscene, hateful, or otherwise objectionable, or (iii) contains software viruses;

(2) send or cause to be sent unsolicited bulk e-mail or junk e-mail(including, "spam," "chain letters" or "pyramid schemes") to other Program subscribers, or to harvest or collect information about other Program subscribers for the purpose of sending such unsolicited bulk e-mail;

(3) impersonate or misrepresent your affiliation with any other party or attempt to access or use (or assist others in accessing or using) any Username, Password, account, or any other personal information of another Program subscriber;

(4) interfere with or disrupt any part of the Program or any servers or networks used with the Program, including without limitation the Program Server , or disobey any requirements, procedures or policies of any networks used with the Program;

(5) engage in any "High Risk Activities,"which includes any use of the SEGA Web site(s), the Program, the Official Program Web Site, or the Program Server to design or develop, alone or in conjunction with any other product or service, any product or method to be used in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support machines, weapons systems, or any other environment requiring fail-safe performance in which the failure of such product or method could lead to death, personal injury, or severe physical or environmental damage;

(6) violate any applicable local, state, national or international law including, for example, export laws or regulations; or

(7) conduct business or profit-related activitiesincluding, for example, marketing, promotion, advertisement and recruitment.

SEGA may take action against you and/or Your Account if you fail to abide by the foregoing or any other rules and standards of conduct set forth in this Subscriber Agreement, the EULA, or the Rules of Conduct. Such action may include without limitation the issuance of a warning about a violation, the suspension or termination of Your Account and/or legal action against you. You understand that SEGA is not required to provide you with notice prior to suspending or terminating Your Account for violating any of these rules and standards.

5. PROPRIETARY RIGHTS

Much of the Content available in the Program, the Official Program Web Site and the Program Server is owned by others, and is protected by copyrights, trademarks or other intellectual property rights. Any Content that you upload or download while using the Program, including the Official Program Web Site or the Program Server, must be authorized; this means that you must have the legal right to upload or download the Content. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the Content that you find in the Program, including in the Official Program Web Site or on the Program Server, unless you have the legal right to do so. Making unauthorized copies of any Content so found may lead to the suspension or termination of Your Account and may even subject you to criminal or civil legal action beyond the suspension or termination of Your Account; to the extent applicable, other Content owners may also take criminal or civil legal action against you.

Some features of the Program are "public" areas on the Official Program Web Site and/or the SEGA Web site(s) (in which case you will also need a login account), such as message boards, subscriber profile pages, and instant messaging. To the extent that you have posted Content in such areas of the SEGA Web site(s) or the Official Program Web Site, other subscribers will have access to your posted Content and might copy, modify, or distribute it. By submitting or posting Content to the SEGA Web site(s) or the Official Program Web Site, you are representing that you are the owner of such Content or have authorization to distribute it. You expressly grant SEGA an unrestricted, perpetual, royalty-free, fully paid-up, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of any Content that you post while using the Program or on the Official Program Web Site. You also agree that SEGA is free to use any ideas, concepts, know-how, or techniques included in such Content for any purpose.

Excluding your rights in your Content, SEGA and its licensors retain all right, title and interest in and to the Program, the SEGA Web site(s), the Official Program Web Site, and the Program Server and all Content uploaded, posted or otherwise stored on or used with the Program, the SEGA Web site(s), the Official Program Web Site, or the Program Server.

All brands, company names, product names and logos appearing in the Program, the SEGA Web site(s), Phantasy or on the Official Program Web Site are trademarks, service marks, or trade names of SEGA, its affiliates, partners or licensors. The use of any such trademark, trade name, or service mark without the appropriate owner's express prior written consent is strictly prohibited.

6. SOFTWARE LICENSE

Subject to the terms and conditions of this Subscriber Agreement, SEGA grants to you a limited and non-exclusive license to use the Program solely for the purpose of connecting to and using the Program. This license is subject to the restriction that you may not translate, reverse-engineer, decompile, disassemble, modify or make derivative works from the Program. You may not sub-license or charge others to use or access the Program without first obtaining written permission from SEGA.

7. TERM AND TERMINATION

Your subscription to the Program under this Subscriber Agreement will continue so long as you pay the fees set forth in Section 2 above, unless terminated earlier as set forth below.

You may terminate your subscription to the online features of the Program at any time without the right to a refund of any subscription fee or other fees paid to SEGA. You may terminate your subscription to the online features of the Program by visiting the SEGA billing site at http://billing.playsega.com. You must provide such notice of termination to SEGA at least seven (7) days prior to the end of your billing cycle in order to avoid being charged for the following month.

SEGA may, in its sole discretion, terminate this Subscriber Agreement and/or terminate or suspend your access to the online features of the Program: (i) without prior notice to you, if you fail to comply with any provision of this Subscriber Agreement; or (ii) at any time and for any reason or no reason, upon notice to you pursuant to Section 14 below. No refunds will be made for any suspension or termination of service by SEGA.

Expiration or termination of this Subscriber Agreement, or suspension or termination of Your Account will not relieve you of any liabilities or obligations accrued on or before the date of such expiration, suspension or termination, or limit any other remedies available to SEGA arising out of any breach of this Subscriber Agreement. Immediately upon expiration or any termination of this Subscriber Agreement, and/or suspension or termination of Your Account, you will stop all use of the online features of the Program and either return to SEGA or destroy all copies or portions (in any form) of all Content provided on or through use of the Program (apart from any Content that you originated and uploaded, posted or otherwise stored on the SEGA Web site(s) and/or the Official Program Web Site). You acknowledge that, upon expiration or any termination of this Subscriber Agreement, or suspension or termination of Your Account, SEGA will have no responsibility to provide you with any copies of or access to any of your Content. Except for the rights and licenses granted to you hereunder, the provisions of this Subscriber Agreement shall remain in effect after its expiration or termination.

8. DOWNLOADS FROM THE PROGRAM SERVER

In connection with your use of, and access to, the online features of the Program, the Program Server may automatically initiate, upon your connection to the Program Server, the downloading of files to update and optimize the Program.

9. LINKS

The Official Program Web Site and any SEGA Web site(s) may contain links to other Web sites or resources on the Internet. SEGA does not endorse and is not responsible or liable in any way for any content, advertising, services or goods on or available from such Web sites or resources.

10. DISCLAIMERS

YOU AGREE THAT THE GAME, THE SEGA WEB SITE(S), THE PROGRAM, THE OFFICIAL PROGRAM WEB SITE, THE PROGRAM SERVER, and ALL PRODUCTS or services thereon ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND SEGA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEGA DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT OPERATION OF THE SEGA WEB SITE(S), THE PROGRAM, THE OFFICIAL PROGRAM WEB SITE OR THE PROGRAM SERVER WILL BE UNINTERRUPTED, ERROR FREE OR SECURE.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEGA WILL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, PERMANENT OR TEMPORARY LOSS OR CORRUPTION OF CONTENT OR LOSS OF GOOD WILL, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, THE SEGA WEB SITE(S), THE OFFICIAL PROGRAM WEB SITE OR THE PROGRAM SERVER, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR (III) PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, CAUSED BY YOUR USE OR MISUSE OF ANY OF THE GAME, THE SEGA WEB SITE(S), THE PROGRAM, THE OFFICIAL PROGRAM WEB SITE OR THE PROGRAM SERVER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS SUBSCRIBER AGREEMENT. SEGA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY THE PROGRAM, THE SEGA WEB SITE(S), THE OFFICIAL PROGRAM WEB SITE OR THE PROGRAM SERVER SHALL BE THE REPLACEMENT OF ANY SEGA SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH SEGA IS THE CANCELLATION OF YOUR SUBSCRIPTIONAS DETAILED IN SECTION 7 ABOVE.

12. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold SEGA (and its parents, affiliates, directors, employees, shareholders, agents and partners) harmless from any claim, demand, damages, or liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Your use of any of the Program, the SEGA Web site(s), the Official Program Web Site, or the Program Server, (ii) Your breach of any provision of this Subscriber Agreement (including without limitation the EULA and the Rules of Conduct), (iii) Your violation of any law or the rights of any third party, or (iv) the authorized or unauthorized use by others of your Username, Password or account. SEGA shall have the right to participate in the defense of any such claim at its expense by counsel of its own choosing.

14. NOTICES

Except as expressly stated otherwise, any notices under this Subscriber Agreement shall be given by e-mail to psobb@segaamerica.com, in the case of SEGA, and to the e-mail address that you provide to SEGA during the sign up/registration process, or such other address as you shall specify from time to time via e-mail to SEGA, in your case. Notice shall be deemed given twenty-four (24) hours after each respective e-mail is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the e-mail address is invalid or the transmission was not successful. Alternatively, notices under this Subscriber Agreement may be given by registered or first class mail, postage prepaid, to SEGA attention: PSO BB Customer Service, 650 Townsend St. Suite 650, San Francisco, CA 94103, and to you at the address that you provide to SEGA during the sign up/registration process or such other address as either party may in the future specify to the other party. All notices sent via registered or first class mail shall be deemed to be effective three (3) days after deposit in the U.S. mail or fourteen (14) days after deposit in any foreign mail.

15. GENERAL INFORMATION

This Subscriber Agreement, the EULA, the Rules of Conduct and the SEGA Privacy Policy (together with any other agreements authorizing your use of the Program) constitute the entire agreement between you and SEGA concerning the subject matter hereof, and supercedes any prior agreements between you and SEGA regarding the same. You and SEGA agree that each is acting as an independent contractor. SEGA may assign or otherwise transfer this Subscriber Agreement, in whole or in part, in its sole discretion, upon notice to you. You may not assign or otherwise transfer this Subscriber Agreement, in whole or in part, without the prior written consent of SEGA. Except as otherwise provided in this Subscriber Agreement, this Subscriber Agreement may not be amended except in writing executed by authorized representatives of both parties. This Subscriber Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to the conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sales of Goods. The sole jurisdiction and venue for any actions related to this Subscriber Agreement shall be in the state and federal courts located in San Francisco county, California. In any action or proceeding to enforce rights under this Subscriber Agreement, the prevailing party shall be entitled to recover costs and expenses, including, without limitation, attorneys' fees. SEGA makes no representation that the Program, the SEGA Web site(s), the Official Program Web Site, the Program Server or any product offered thereon is appropriate for access or use outside of the United States. Those who choose to access or use the online features of the Program from outside the United States do so on their own initiative and are responsible for compliance with the laws of their respective jurisdictions. The failure of SEGA to exercise or enforce any right or provision of this Subscriber Agreement shall not constitute a waiver of such right or provision. In the event that any of the provisions of this Subscriber Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Subscriber Agreement shall otherwise remain in full force and effect.

Information for California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

 

Pricing Information. Current rates for using the online features of the Program may be obtained by calling 1-(800 )-USA-SEGA or by writing to SEGA, attention: PSO BB Customer Service, 650 Townsend St. Suite 650, San Francisco, CA 94103. SEGA reserves the right to change fees, surcharges, subscription fees, or to institute new fees, as provided for in this Subscriber Agreement.

 

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R. Street, #1080, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

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Copyright © 2006 SEGA Corporation.