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identified as having explicit language, or otherwise being for a mature
audience.
Therefore,
you:
(i) e-mail
Sony via the Service; (ii) send in any
information;
(iii) enter any contest or game that requires information
about
you
or offers a prize; (iv) join any club or
group;
(v) post any information on any bulletin board or
enter any chatroom
;
or (vi) buy anything online.
EXCLUSION OF WARRANTY
SONY,
ITS
AFFILIATES,
ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY PROVIDERS EXPRESSLY
DISCLAIM ALL WARRANTIES AND
CONDITIONS,
EXPRESS OR
IMPLIED,
INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. SONY, ITS
AFFILIATES,
ITS THIRD PARTY
LICENSORS,
AND ITS THIRD PARTY
PROVIDERS DO NOT WARRANT THAT THE SONY SOFTWARE OR ACCOMPANYING
DOCUMENTATION,
THE
SERVICES, OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SONY SOFTWARE, THE
SERVICES,
OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR
FREE.
FURTHERMORE, SONY,
ITS
AFFILIATES,
ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY
PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SONY
SOFTWARE,
THE SERVICES OR THE CONTENT IN
TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR
OTHERWISE.
NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY
SONY,
ITS
AFFILIATES,
OR A SONY AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR
CONDITION,
OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY
AND
CONDITION.
SHOULD THE SONY
SOFTWARE,
MEDIA ON WHICH THE SONY SOFTWARE IS
FURNISHED,
DOCUMENTATION, THE
SERVICES,
OR THE CONTENT PROVE DEFECTIVE, YOU
(AND
NOT
SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING,
REPAIR,
OR CORRECTION.
YOU
UNDERSTAND,
ACKNOWLEDGE, AND AGREE THAT THE CONTENT AND SERVICES ARE PROVIDED BY
THIRD PARTY PROVIDERS AND/OR SOFTWARE IS PROVIDED BY THIRD PARTIES OVER WHICH SONY
HAS NO CONTROL. THE
SELECTION,
PROVISION,
QUALITY, PICTURE SIZE, AND AVAILABILITY OF SUCH
CONTENT AND/OR SOFTWARE ARE THE SOLE RESPONSIBILITY OF SUCH THIRD PARTY PROVIDER OR
OTHER THIRD
PARTY.
YOU AGREE TO COMPLY WITH ANY AND ALL TERMS AND CONDITIONS THAT THE
THIRD PARTY PROVIDERS MAY SET FOR ITS
SERVICE,
CONTENT AND/OR SOFTWARE. YOU FURTHER
UNDERSTAND, ACKNOWLEDGE,
AND AGREE THAT
ACCESS,
BROWSING,
AND USAGE OF THE SERVICES
REQUIRES INTERNET SERVICE PROVIDED BY YOU, AND FOR WHICH
YOU
ARE SOLELY
RESPONSIBLE,
INCLUDING BUT NOT LIMITED TO THE PAYMENT OF ANY THIRD PARTY FEES
(SUCH
AS INTERNET
SERVICE PROVIDER OR AIRTIME CHARGES) FOR SUCH ACCESS AND FOR DISPLAY OR DELIVERY OF
ADVERTISEMENTS INCLUDED WITH THE SERVICES. OPERATION OF THE SONY ENTERTAINMENT
NETWORK FEATURE AND THE SERVICE MAY BE LIMITED OR RESTRICTED DEPENDING ON THE
CAPABILITIES,
BANDWIDTH OR TECHNICAL LIMITATIONS OF YOUR INTERNET SERVICE.
SONY,
ITS
AFFILIATES,
AND ITS THIRD PARTY PROVIDERS SHALL HAVE NO RESPONSIBILITY FOR THE
TIMELINESS,
DELETION,
MIS· DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR
PERSONALIZED SETTINGS.
THE SONY SOFTWARE AND ACCOMPANYING
DOCUMENTATION,
THE
SERVICES,
AND THE CONTENT ARE
FURNISHED TO YOU
"AS
IS"
AND WITHOUT WARRANTIES OR
CONDITIONS,
STATUTORY OR
ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK AND THAT SONY HAS NO
LIABILITY TO YOU FOR THE
CONTENT,
INCLUDING ANY CONTENT THAT MAY BE OFFENSIVE.
YOU
ARE
RESPONSIBLE FOR SUPERVISING THE USE OF THE SONY
PRODUCT,
THE SONY
SOFTWARE,
EXCLUDED
SOFTWARE,
THE
SERVICES,
AND THE CONTENT BY ANY
MINOR.
IF YOU ARE UNDER THE AGE OF
16,
YOU SHOULD ASK
YOUR
PARENT(S) OR A GUARDIAN BEFORE YOU: (I) TERMS OF THIS
EULA,
SONY
GRANTS YOU A
NONEXCLUSIVE, NONTRANSFERABLE,
LIMITED RIGHT TO USE THE SONY
ENTERTAINMENT NETWORK FEATURE TO ACCESS THE SERVICES AND THE CONTENT AS SET FORTH IN
THIS EULA. YOU FURTHER AGREE NOT TO INTERRUPT/DISRUPT OR ATTEMPT TO INTERRUPT/DISRUPT
THE OPERATION OF THE SONY SOFTWARE, THE SERVICE OR THE CONTENT IN ANY WAY.
.
IF YOU BELIEVE
YOUR
WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT
I
INFRINGEMENT, OR THAT YOUR INTELLECTUAL PROPERTY RIGHTS HAVE OTHERWISE BEEN
VIOLATED,
PLEASE FIRST CONTACT THE THIRD PARTY PROVIDER FOR THE PARTICULAR SERVICE. IF YOU ARE
UNABLE TO CONTACT SUCH THIRD PARTY PROVIDER, OR THE CONTENT AT ISSUE IS SONY'S, YOU MAY
CONTACT SONY'S INTELLECTUAL PROPERTY AGENT (LISTED BELOW) WITH THE FOLLOWING
INFORMATION IN A WRITTEN NOTICE: (A) AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE PERSON
AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INTEREST;
(B) A DESCRIPTION OF THE COPYRIGHTED WORK OR OTHER INTELLECTUAL PROPERTY THAT YOU
:
CLAIM HAS BEEN INFRINGED; (C) A DESCRIPTION OF THE PARTICULAR SERVICE AND WHERE THE
MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED ON SUCH SERVICE, WITH ENOUGH DETAIL
•
THAT WE MAY FIND THE
MATERIAL;
(D) YOUR
ADDRESS,
TELEPHONE
NUMBER,
AND E-MAIL ADDRESS;
I
(E) A STATEMENT BY
YOU
THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT
AUTHORIZED BY THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER
,
ITS
AGENT,
OR THE
LAW;
AND
(F) A STATEMENT BY
YOU,
MADE UNDER PENALTY OF
PERJURY,
THAT THE ABOVE INFORMATION IN
YOUR NOTICE IS ACCURATE AND THAT
YOU
ARE THE COPYRIGHT OR INTELLECTUAL PROPERTY
OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER'S BEHALF.
SONY'S AGENT FOR NOTICE OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT
INFRINGEMENT IS AS
FOLLOWS:
INTELLECTUAL PROPERTY
AGENT,
C /0 SONY ELECTRONICS
INC.,
16530 VIA ESPRILLO,
SAN
DIEGO,
CA
92127;
FACSIMILE (858) 942· 1111; E-MAIL IPagent@am.sony.com
INDEMNIFICATION
You agree to
indemnify, defend,
and hold harmless Sony and all of its
agents, directors,
officers, employees,
information
providors,
licensors and
licensees,
affiliates, content
providers,
and direct and indirect parent(s)
(collectively,
"the Indemnified
Parties")
from and against any and all liability and costs (including, without
limitation, attorneys'
fees and costs) incurred by the Indemnified Parties in connection
with
any claim
arising out of (i) any breach or alleged breach by you of this EULA in any
manner,
(ii)
any information you
submit to Sony hereunder, (iii) any breach or alleged breach by you of a third party's rights,
(iv)
any damage
caused by or alleged to have been caused by
you
to the Sony Software, the
Services,
or the Content.
Counsel
you
select for defense or settlement of a claim must be consented to by Sony and/or Indemnified
Party(s) prior to
counsel
being engaged to represent
you
and Sony and/or Indemnified
Party(s).
You and
your
counsel will cooperate as fully as reasonably required by the Indemnified Party(s) in defense or
settlement of any claim. Sony and/or Indemnified Party(s) reserve the right, at its own
expense,
to assume
the exclusive defense or
settlement,
and control of any matter otherwise subject to indemnification by
you.
You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse
to the interest of Sony and/or any Indemnified Party without the prior
written
consent of Sony and/or
Indemnified Party(s).
LIMITATION OF LIABILITY
IN NO EVENT WILL SONY (INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED TO
THIRD PARTY LICENSORS OR THIRD PARTY PROVIDERS)
,
ITS
AFFILIATES,
ITS THIRD PARTY
LICENSORS OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT,
INCIDENTAL,
PUNITIVE,
EXEMPLARY,
OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO COMPENSATION
,
REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING
OUT OF OR RELATING TO THIS
EULA,
ON ACCOUNT OF THE LOSS OF USE OF THE SONY
PRODUCT,
DOCUMENTATION, THE SERVICES, THE
CONTENT,
DOWN TIME AND YOUR
TIME,
LOSS OF PRESENT OR
PROSPECTIVE PROFITS, LOSS OF
DATA,
INFORMATION OF ANY KIND, BUSINESS
PROFITS,
OR OTHER
COMMERCIAL LOSS, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SONY, ITS
AFFILIATES,
ITS
THIRD PARTY LICENSORS, OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION, THE
SERVICES,
AND THE CONTENT ARE FURNISHED TO YOU FOR USE AT YOUR OWN
RISK.
SONY,
ITS
AFFILIATES,
ITS
THIRD PARTY
LICENSORS,
AND ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES FOR
BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF
CONTRACT,
NEGLIGENCE,
STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SONY SOFTWARE,
THE
SERVICES,
THE
CONTENT,
OR THIS EULA.
Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages,
exclusions or limitations of implied warranties or
conditions,
or allow limitations on how long an implied
warranty
lasts,
so the above limitations or exclusions may not apply to
you.
LIMITED WARRANTY ON MEDIA
In situations where the Sony Software or any part thereof is furnished on media, Sony warrants that for a
period of ninety (90) days from the date of its delivery to you, the media on which the Sony Software is
furnished to you will be free from defects in materials and
workmanship
under normal use. This limited
warranty extends only to
you
as the original licensee. Sony's entire liability and your exclusive remedy
will
be replacement of the media not meeting Sony's limited warranty. ANY IMPLIED WARRANTIES OR
·
CONDITIONS ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT,
AND/OR FITNESS FOR A PARTICULAR
PURPOSE,
ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION
LASTS,
SO THESE
LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU
SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
FEES
Sony and its Third Party Providers reserve the right at any time to charge fees for access to new Content or
new Services or to portions of the existing Content or Services, or the Services as a
whole.
In
addition,
Third Party Providers may charge fees for access to their Content. In no event will you be charged for
access to
any
portion or all of the Content and/or the Services unless Sony and/or a Third Party Provider
obtain
your
prior agreement to pay such
charges.
If you do not consent to such
charges,
however, you may
not have access to paid Content or Services for which such charges apply.
INTELLECTUAL PROPERTY I NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND
AGENT FOR NOTICE
Sony respects the intellectual property rights of
others,
and we ask you to do the same. It is Sony's policy,
at its discretion as
appropriate,
(a) to terminate and/or disable the Content of Third Party Providers or users
of the Services who may infringe or repeatedly infringe the copyrights or other intellectual property rights of
Sony,
its Third Party Providers or
others;
and/or
(b)
to forward reports of intellectual property rights
violations
to Third Party Providers and others for review and action per the terms of such Third Party
Provider's procedures for protection of intellectual property rights. The Sony Software and Content are
protected by copyright laws and international copyright treaties, as well as other intellectual property laws
and treaties. There may be proprietary
logos,
service
marks, trademarks,
likenesses, and trade names found
in the Sony
Software,
the
Content,
or on the Services. By making the Sony Software and Content available
on the
Services,
Sony and the Third Party Providers are not granting you any license to utilize those
proprietary
logos,
service marks, trademarks, likenesses, or trade names. Any unauthorized use of the Sony
Software, the Services, or the Content may violate copyright
laws,
trademark
laws,
the laws of privacy and
publicity,
and civil and criminal statutes. All
right,
title, and interest
in
and to the Sony Software and the
Content,
and any and all copies or portions
thereof,
are
owned by Sony, its licensors, Third Party
Licensors,
suppliers and/or Third Party
Providers.
All rights not specifically granted under this EULA are reserved by
Sony,
its
licensors,
Third Party
Licensors,
suppliers and/or Third Party
Providers.
You are responsible for all your activities
hereunder,
including all legal liability incurred from access,
browsing, or use of the Services by
you
or by others
who
use the Services via your Sony Product or
Account (as defined in the User Account section). You may use the Sony
Software,
the
Services,
and the
Content for lawful purposes only. You may not
distribute,
exchange,
modify,
sell,
or transmit anything
you
may copy from the Sony
Software,
the Services, or the
Content,
including but not limited to any
data, text,
software,
likenesses,
photographs, images, graphics,
audio,
music,
sound
,
video,
messages,
and tags, for
any
business,
commercial,
or public purpose. As long as
you
comply
with
the Providers for your inability to
use the Sony Software or the accompanying
documentation,
the
Services,
or the Content.
DE-REGISTRATION OF YOUR DEVICE
Should
you
return your Sony Product to its place of
purchase,
transfer your Sony Product in accordance
with this
EULA,
or if this EULA is
terminated,
you
agree to:
(i)
de-register the Sony Product by deleting any
and all accounts you may have established on or have accessed through the Sony Product; and (ii) reset the
Sony Product to its original factory
settings.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF ANY ACCOUNTS YOU HAVE WITH THIRD PARTIES AND ANY USERNAMES AND
PASSWORDS ASSOCIATED WITH YOUR USE OF THE SONY PRODUCT.
RESOLVING
DISPUTES;
ARBITRATION;
SMALL
CLAIMS;
JURY TRIAL
WAIVER;
CLASS ACTION WAIVER
This EULA will not be governed or interpreted in any
way
by referring to any law based on the Uniform
Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.
Further,
the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
For purposes of this
EULA, "Dispute"
is defined as any
disagreement,
cause
of action, claim,
controversy, or proceeding between
you
and any Sony entity related to or arising out of the Sony
Product,
Sony Software, Sony Services & Content or this EULA. If a Dispute arises, you agree to first
give notice to us by contacting Sony Electronics Inc. at 16530 Via
Esprillo,
San Diego, California
92127, Attn
:
Legal Department, and engaging in good faith negotiations to attempt to resolve any
Dispute for at least 14
days,
except that
you
or Sony (or any of its affiliates) may skip this informal
negotiation procedure for Disputes enforcing, protecting, or concerning the validity of intellectual
property
rights.
Dispute is to be given the broadest possible meaning that will be enforced
.
ANY DISPUTE THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION PROCESS DESCRIBED
ABOVE,
SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE
AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION
RULES, AND THE SUPPLEMENTARY PROCEEDINGS FOR CONSUMER-RELATED DISPUTES WHEN
APPLICABLE,
AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN
ANY COURT HAVING JURISDICTION THEREOF.
To begin arbitration
,
either
you
or we must make a
written
demand to the other for arbitration. The
arbitration
will
take place before a single arbitrator. It will be administered in keeping with the Expedited
Procedures of the Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related
disputes when applicable ("Rules") of the AAA in effect when the claim is filed. You may get a copy of AAA's
Rules by contacting AAA at (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out
arbitration will be shared between you and us, but in no event shall your fees ever exceed the amount
allowable by the special
rules
for Consumers Disputes provided for by
AAA,
at
which point Sony will cover
all additional administrative fees and expenses. This does not prohibit the
arbitrator
from giving the winning
party their fees and expenses of the
arbitration when
appropriate pursuant to the
Rules.
Unless
you
and we
agree
differently,
the arbitration will take place in the county and state
where
you
live,
and applicable federal
or state law shall govern the substance of any Dispute. The Federal Arbitration Act, 9 U.S.C.
§
1,
et
seq.,
will
govern the arbitration itself and not any state law on arbitration. The arbitrator's decision will be binding and
final, except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award relief
only in favor of the party seeking
relief,
and only to the extent necessary to provide relief warranted by that
party's individual claim
.
Any court with jurisdiction over the parties may enforce the arbitrator's decision.
Despite the
above,
you
have the right to litigate any Dispute in small claims court or other similar court of
limited jurisdiction in the United
States,
to the extent the amount at issue does not exceed
$15,000,
and as long
as such court has proper jurisdiction and all other requirements (including amount in controversy) are satisfied.
Despite
anything
to the contrary in this
EULA,
you
may reject changes made to the binding arbitration
provision
if:
(1) you've already begun authorized use of the Sony Product at the time the change wasfls
made;
and (2)
you
mail
written
notice to the address provided in this section
within
30 days after the
particular change
was/is
made. Should such a situation arise,
you will still
be bound by the Dispute
procedures you previously agreed to and existing before the change you rejected was
made.
Any Dispute determined not subject to arbitration and not initiated in small claims court will be litigated by
either party in a court of competent jurisdiction in either the Superior Court for the County of San Diego or
in the United States District Court for the Southern District of California.
Notwithstanding the foregoing to the
contrary,
either party may initiate litigation immediately with respect to
any matter arising out of or in connection with this EULAfor
which
equitable relief (or an equivalent type of
urgent legal relief) is sought. You agree that any violation of or non-compliance
with
any term or condition of
this EULA by
you will
constitute an unlawful and unfair business
practice,
and will cause irreparable harm to
Sony,
its employees,
directors,
officers,
agents, affiliates,
subsidiaries,
third party
providers,
third party
licensors, third party licensees, content
providers,
and direct and indirect parent(s) for
which
monetary
damages would be inadequate, and you consent to Sony obtaining any injunctive or equitable relief that Sony
deems necessary or appropriate in such
circumstances.
These remedies are in addition to any other remedies
that may be available to Sony under
contract,
at law or in
equity.
THE PARTIES HERETO WAIVE TRIAL BY
JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS EULA. Any claim or cause
of action related to or arising out of your purchase or use of the Sony Product, Sony
Software,
Sony Content &
Services or this EULA must be commenced
within
one
(1) year
after the claim or cause of action arises.
YOU
AGREE TO BRING ANY DISPUTES GOVERNED BY THIS EULA IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A
PLAINTIFF,
CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE
OR CLASS ACTION. YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
INDIVIDUAL'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR
CLASS ACTION PROCEEDING. THE ARBITRATOR SHALL DECIDE ALL OTHER ISSUES OF ARBITRABILITY.
AUTOMATIC UPDATE FEATURE I MODIFICATION OF EULA AS TO SERVICES
From time to
time,
Sony or third parties may automatically update or otherwise modify the Sony
Software,
for
example,
but not limited
to,
for purposes of error
correction,
improvement of
features,
and enhancement of
security features. Such updates or modifications may change or delete the nature of features or other aspects
of the Sony
Software,
including features you may rely upon. You hereby agree that such activities may occur
at Sony's sole discretion and that Sony may condition continued use of the Sony Software upon your complete
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