9. Indemnification
You agree to indemnify, defend, and hold Sony and all of its agents,
directors, employees, information providers, licensors and licensees,
affiliates, content providers, officers, and parent (collectively,
“Indemnified Parties”), harmless 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
Agreement 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 or (iv) any damage caused by or alleged to have been caused
by you to the Service. You will cooperate as fully as reasonably
required in Indemnified Party(s) defense of any claim. Sony and/or
Indemnified Parties reserve the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any
matter without the written consent of Sony and/or Indemnified
Parties.
10. DISCLAIMER OF WARRANTIES AND DAMAGES;
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT USAGE OF THE PRODUCT AND
SERVICE REQUIRES INTERNET SERVICE PROVIDED BY
YOU, FOR WHICH YOU ARE SOLELY RESPONSIBLE.
OPERATION OF THE PRODUCT AND/OR SERVICE MAY BE
LIMITED OR RESTRICTED DEPENDING UPON THE
CAPABILITIES OR TECHNICAL LIMITATIONS OF YOUR
INTERNET SERVICE.
YOUR USE OF THE SOFTWARE, SERVICE, PRODUCT,
CONTENT AND/OR SITE IS AT YOUR OWN RISK. THE
SOFTWARE, SERVICE, CONTENT AND SITE ARE PROVIDED
“AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, SONY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE
ACCURACY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT
ASSOCIATED WITH THE SERVICE, SITE, AND/OR
SOFTWARE; (2) THAT THE SERVER(S) THAT MAKES THE
SERVICE, SOFTWARE, AND/OR SITE AVAILABLE ARE
FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY
INFECT, HARM, OR CAUSE DAMAGE TO YOUR
COMPUTER, TELEVISION, OTHER EQUIPMENT, OR ANY
OTHER PROPERTY. FURTHERMORE, SONY DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SOFTWARE, SERVICE, AND/OR SITE IN TERMS OF ITS
CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY SONY OR A SONY AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE SOFTWARE, SERVICE, AND/OR SITE PROVE
DEFECTIVE YOU (AND NOT SONY OR A SONY
AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED TO SONY’S NEGLIGENCE OR ISSUES RELATED
TO THIRD PARTY CONTENT PROVIDERS, SHALL SONY BE
LIABLE FOR ANY CONSEQUENTIAL, DIRECT,
INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL
DAMAGES RELATED TO (A) THE USE OF, (B) THE
INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE
SOFTWARE, SERVICE, PRODUCT, AND/OR SITE, EVEN IF
SONY OR AN AUTHORIZED REPRESENTATIVE THEREOF
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL SONY’S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
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