Sony Electronics Inc. Terms of Service
Effective: January 28, 2013
Last updated: January 28, 2013
This agreement is between you and Sony Electronics Inc. (“Sony,” “we,” “us,” or “our”) and covers your use of this website and the services offered through this website, and any related software, digital content, contents of the service and documentation, and other related materials provided by Sony, including any future versions of this website, the service or any of these items (collectively, “Service”). Please read it carefully.
Note: This agreement contains a binding individual arbitration clause and class action waiver. If you wish to opt out of these provisions, please follow the instructions in Section 6 below.
Table of Contents
- About these Terms
- About the Service
- Your Privacy
- Payments & Title
- Warranty Disclaimer, Limitations of Liability, and Indemnification
- Dispute Procedures (Including Binding Arbitration)
- General Legal Terms
1. About these Terms
Additional Account Terms May Apply. Certain parts of the Service or Content available on or through the Service may not be available to people of all ages and may require agreeing to additional terms or restrictions in order to be used. This could include particular music, video, comic, sweepstakes, promotions, contests and other content made available by Sony, as well as content made available by third parties. Any dealings or agreements between you and a third party are between you and that party (and not Sony), and won’t increase Sony’s liability or affect your relationship with Sony. Please be sure to review any additional terms carefully.
2. About the Service
Using the Service. You must follow these Terms and any Additional Account Terms, all applicable laws, and any other guidelines or notices provided when using the Service. You agree that the Service is for your personal use only, and that you will not use the Service or its Content for any commercial purpose. You may not attempt to hack or impair the Service, and you may not use the Service to harass or abuse others, or misuse the Service in any other way.
Some examples of misuse are (please note that these are only a few examples, and many other activities may be considered misuse):
- using the Service in violation of any laws or regulations
- using the Service to transmit statements or content that Sony finds profane, insensitive, offensive or vulgar (Sony alone may determine what is profane, insensitive, offensive or vulgar)
- using the Service to transmit any type of viruses, worms, spyware or other harmful computer programs
- reselling, redistributing, sharing, or trading the Service, any part of the Service, or access to the Service
- using the Service to develop unauthorized software or hardware
- attempting to modify the Service
- attempting to “reverse engineer” (in other words, taking something apart in order to figure out how it was made) any part of the Service
- introducing commercial content, such as advertisements, solicitations, promotions, and links to websites, into the Service
- attempting to get personal or private information from the Service other than information that is intended to be publicly available
- using the Service to violate the rights of third parties, including transmitting material that is protected by copyright, trademark, patent, trade secrets laws or other proprietary rights without proper permission
- impersonating another person, or posting material that impersonates another person, on the Service
- producing or posting SPAM on the Service
- using the Service or Content in any high risk activities where damage or injury to person, property, environment, or business may result
Unless otherwise required by law, we are not responsible for monitoring or recording any activity on the Service. Despite this, we have the right to monitor and record your activity and communications, and we also may take actions that we believe are reasonably necessary to enforce or verify that you’re following these Terms, any Additional Account Terms, and any other restrictions or laws that apply. For example, we may remove any Content we believe is inappropriate without notice to you.
Availability of the Service. The Service may not be available in all languages, all countries, or at all times, and we do not represent that the Service is appropriate or available for use in any particular location. If you choose to use the Service, you are responsible for complying with all laws that apply to your use of such Service. The Service or certain Content (as defined below) might require an internet or data connection. Sony is not responsible for your internet or data service, including any interruptions in your internet or data service or any internet or data fees you incur while using the Service.
Registering an Account. You may not need to create a personal account (“Account”) with us in order to use our basic Service. However, if you already have an Account or if you create one, you may have access to more features of the Service. Registering an account means that you agree to additional terms, if any, that are specific to the type of Account(s) you decide to create (“Additional Account Terms"). When you log into your Account, the Additional Account Terms also apply to your activities on the Service.
Registered Account and Password. By setting up an Account with us, you represent and warrant that: (1) all information you submit is true, accurate, current, and complete information about you; (2) you will maintain and promptly update such information with us; and (3) you are at least thirteen (13) years of age. We reserve the right to disallow, suspend or terminate use of your Account at any time for any or no reason. You are entirely responsible for maintaining the security and confidentiality of the information you hold for your Account, including but not limited to your password, and for any and all activity that occurs under your Account. You agree to notify Sony immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by Sony or any other user of the Service or visitor to our websites due to someone else using your Account or password.
You may not use anyone else’s Account or password at any time without the express permission and consent of the holder of that Account or password. Sony is not liable for any loss or damage arising from your failure to comply with these obligations.
Changing and Terminating the Service. We may make improvements or changes to the Service as we feel necessary or deem appropriate, which may add or remove functions. Just as you are free to stop using the Service at any time, Sony can also stop or limit the Service, or your use of the Service, at any time and for any reason. If we stop your use of a prepaid Service for any reason, you will be provided a pro-rata refund based on how many days you were able to use the Service. If we stop your use of the Service prior to the expiration of your subscription period, you will be provided a pro-rata refund of your subscription fee paid to Sony based on how many days you had remaining on your subscription. If we stop your use of the Service for any reason, any money left in your Account will be refunded, except for any money owed to Sony.
Ownership of the Service and its Contents. The Service and its Contents are licensed, not sold, to you. Everything on or used in the Service, including the design, format, expression, “look and feel,” text, images, graphics, logos, audio and video content, and software —with the exception of User-Generated Content (as defined below)— (collectively, “Content”) is owned by Sony or our affiliates, subsidiaries, licensors, suppliers, or other parties. Using the Service does not give you ownership of any intellectual property rights in the Service or Content. We reserve all rights to the Service or its Contents (except for certain rights in your own User-Generated Content) other than those provided clearly by these Terms or by law.
User-Generated Content. The Service may allow users to submit their own content (“User-Generated Content”). By using the Service, you agree not to use or post inappropriate User-Generated Content. For example, you aren’t allowed to create, transfer, post, or upload any User-Generated Content that:
- violates the rights of third parties, including transmitting material that is protected by copyright, trademark, patent, trade secrets laws or other proprietary rights without proper permission
- contains deceptive or misleading statements or misrepresentations that could damage Sony or any third party
- produces SPAM
- impersonates another person
- incites crime or violence
- is obscene, indecent or pornographic
- violates any applicable law or regulation
You keep ownership of any intellectual property rights in User-Generated Content you create. When you submit User-Generated Content to the Service, however, you grant Sony a worldwide, irrevocable, and perpetual license to use, copy, reproduce, sublicense, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from your User-Generated Content without any compensation or obligation to you. This license continues even if you stop using the Service or these Terms terminate.
We may or may not screen User-Generated Content, and we do not have an obligation to do so. We have the right, however, to move, remove, block, edit, or refuse to post any User-Generated Content for any reason, including if the User-Generated Content violates these Terms, any Additional Account Terms, or other applicable terms, rules, or laws.
You understand that by using the Service, you may be exposed to User-Generated Content that might be offensive, harmful, inaccurate, inappropriate, mislabeled, deceptive, or otherwise objectionable. Sony will not be liable under any circumstances or in any way for any User-Generated Content. This means that you are entirely responsible for all User-Generated Content that you provide, and that Sony has no responsibility for content provided by other users.
Third-Party Content and Linking Policy. The Service may display some content or links to content that do not belong to us. You acknowledge and agree that Sony does not have any responsibility for this content. We may or may not review this content, and we do not endorse this content. It is your decision to click on any links provided, and you understand and agree that you do so at your own risk.
Though you may link to the Service, any links you create must not damage or give the appearance of damaging Sony’s goodwill, and must not give the false impression that the linking site is associated with or endorsed by Sony. For example, you may not place links to the Service on websites that are unlawful or obscene, promote violence or illegal acts, contain illegal content, or are otherwise inappropriate in our sole judgment. As another example, you may not place links to the Service on a website that suggests that Sony sponsors the linking site. You also may not frame any of the content of the Service, or place our logos, trademarks or any of our Content on other websites without express prior written permission from us.
3. Your Privacy
4. Payments & Title
Fees and Changes in Price. Sony may begin charging fees or change the fees for its Service, or any portion of its Service, at any time but will give you notice as required by law. If you do not want to accept such fees or changes, you must cancel your subscription, if any, and stop using the Service. You agree that you will pay for any purchases made through the Service, and for any additional amounts (including any taxes and late fees) that you might owe for the Service.
All fees, charges, taxes, import/export charges, and shipping/handling fees for products and services are payable at the time you submit a request through the Service on the website to purchase a product or service and/or license Content. You agree to pay all fees and charges, and that we can automatically charge your credit card or other payment account for such fees and charges. Please be aware that we may not begin processing your order until payment is received by Sony in full. All prices and amounts shown on our website(s) are in U.S. Dollars, unless otherwise indicated.
Methods of Payment. Sony accepts credit cards and certain payment accounts for payment. Sony may bill you at the time of your transaction or shortly after, and we may obtain preapproval from your account provider or credit card company to make sure you have the funds or credit to pay. You are, however, responsible to ensure that sufficient funds are available in your account to cover any charges, and are further responsible for any account charges or fees, including insufficient funds charges and penalties. We also reserve the right to charge you fee should your credit card or other payment account be declined. You are responsible for updating any changes to your Account information on record with us.
Late Fees and Penalties. If any portion of your bill or payment obligations are not paid by the due date, Sony may charge you a late fee on unpaid balances and may also terminate or suspend the Service, your Account or delivery of future products without notice. Should Sony resort to a third party or litigation in order to collect amounts past due from you, you shall be liable for and agree to pay all costs of collection (including but not limited to reasonable attorneys’ fees) for such amounts owed Sony. You hereby waive any rights of setoff or deduction of any kind.
AUTOMATIC SUBSCRIPTION RENEWAL. If you have a subscription to the Service or through the Service, Sony may continue to charge your credit card or payment account for all fees or charges associated with your subscription on an ongoing basis until you change or cancel the subscription. THIS MEANS THAT UNLESS YOU CHANGE OR CANCEL YOUR SUBSCRIPTION PRIOR TO THE NEXT APPLICABLE BILLING DATE, WE WILL CHARGE YOUR CREDIT CARD OR PAYMENT ACCOUNT THE THEN-CURRENT FEES ON THAT BILLING DATE.
Transfer of Title. You agree that the shipping terms for all products, services and/or Content are FOB shipping point and ownership transfers to you upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery of such items to the carrier. For any product, service or content that is provided to you in an electronic format, you agree that delivery of such electronic item will be deemed to have occurred either: (1) at the time we transmit the item via email or other electronic communication addressed to you; or (2) at the time we transmit a notification to you that the item is available for downloading from our website.
5. Warranty Disclaimer, Limitations of Liability, and Indemnification
WARRANTY DISCLAIMER. We provide the Service and Content “AS-IS” and without warranties of any kind. Sony, its affiliates, and their licensors do not make any specific promises about the Service. For example, we don’t make any commitments about the Content within the Service, the specific function of the Service or any Content, or their reliability, availability, or ability to meet your needs. Any opinions, advice, or recommendations submitted to the Service by any user, including any user designated as an “Ambassador,” are solely those of the submitter, and Sony, its affiliates, and their licensors make no representations or warranties whatsoever with respect to them. We are not responsible and cannot be held liable for any delay or failure in performance of the Service whatsoever for any or no reason
SONY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE AND/OR CONTENT ARE NOT FIT FOR USE, AND YOU AGREE NOT TO USE THE SERVICE OR CONTENT, IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
Because some jurisdictions do not allow the exclusion of certain warranties, to the extent that these exclusions are specifically prohibited by applicable law, some of the exclusions above may not apply to you.
INDEMNIFICATION. You agree to defend, hold harmless and indemnify Sony, its affiliates, and licensors, and their respective officers, agents, partners, and employees from any loss, damage, cost or expense, including attorneys’ fees, litigation costs, and judgments, arising out of any claim, suit or dispute related to your use of the Service or any Content, or violation of these Terms or any Additional Account Terms. We have the right to the exclusive defense of any claim where we’re entitled to indemnification from you.
6. Dispute Procedures (Including Binding Arbitration)
BINDING ARBITRATION. ANY DISPUTE THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION PROCESS DESCRIBED BELOW SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION.
Arbitration Instructions. 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 American Arbitration Association ("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 declaratory or injunctive 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.
Small Claims Exception. Despite the above, you have the right to litigate any Dispute in small claims court or other similar court of limited jurisdiction, 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.
CLASS ACTION WAIVER. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT BEFORE A JUDGE OR JURY. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS ALL PARTIES INVOLVED IN THE DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
OPT-OUT INSTRUCTIONS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND/OR THE CLASS ACTION WAIVER ABOVE, THEN:
- YOU MUST NOTIFY SONY IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST USE THE SERVICE OR AGREE TO THESE TERMS, WHICHEVER OCCURS FIRST;
- YOUR WRITTEN NOTIFICATION MUST BE MAILED TO Sony Electronics Inc., 16530 Via Esprillo, MZ 1105, San Diego CA 92127, Attn: LEGAL DEPARTMENT; AND
- YOUR WRITTEN NOTIFICATION MUST INCLUDE: (1) YOUR NAME; (2) YOUR ADDRESS; (3) THE DATE YOU FIRST USED THE SERVICE OR AGREED TO THESE TERMS; AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION AND/OR TO BE BOUND BY THE CLASS ACTION WAIVER.
Rejecting Changes Made to the Dispute Procedures. Despite anything to the contrary in these Terms, you may reject changes made to the binding arbitration provision and class action waiver if: (1) you’ve already begun authorized use of the Service at the time the change was/is made; and (2) you mail written notice to the address in the immediately preceding paragraph 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.
Miscellaneous. 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.
7. General Legal Terms
Third-Party Beneficiaries. Except where these Terms or any Additional Account Terms grant rights to Sony’s affiliates or to owners of the Service’s Content, these Terms and any Additional Account Terms do not grant any third parties rights.
Independent Contractors. The relationship between you and Sony is that of independent contractors. Nothing in these Terms or any Additional Account Terms will be construed as creating or constituting a relationship of employer/employee, franchisor/franchisee, principal/agent, partnership, or joint venture between you and Sony.
Assignment. Sony may freely assign its rights and obligations under these Terms or any Additional Account Terms. You may not assign your rights and obligations under these Terms or any Additional Account Terms, and any attempt to do so is void. If we do assign our rights or obligations, we’ll notify you.
Government Users. The Service and its Content are being provided to U.S. Government users: (a) only as a Commercial Item (as that term is defined in 48 C.F.R. Sec. 2.101); and (b) with only those rights as are granted to all other users by these Terms. This provision supersedes both FAR and DFARS.
Applicable Laws. You agree not to violate any applicable laws or regulations through your use of the Service or its Content, including any United States export laws and regulations that may limit or restrict your ability to use, export, or re-export the Service or its Content.
Sweepstakes, Contests, and Promotions. Occasionally, we may have sweepstakes, contests, or promotions that may be governed by a separate set of rules, have different eligibility requirements, or require you to send in material or information about yourself. You must agree to those separate rules and restrictions before you can participate.
Copyright Notice. We respect the intellectual property of others, and require that our users and members do the same. You may not post any material or content protected by copyright anywhere on or through the Service without the express written permission of the author or owner of the copyright in such material or content. If you think someone is violating your copyrights and you want to notify us, please notify us at Sony Electronics Inc., 16530 Via Esprillo, MZ 1105, San Diego CA 92127, Attn: IP Agent, and provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located; (4) your address, telephone number and e-mail address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Survival. The subsection entitled “Modifying the Terms” in Section 1 and all of Sections 5-7 will survive the termination of these Terms and the Service to you. This includes the provisions related to Dispute procedures (including the binding arbitration and class action waiver).
Notice to You. We may send you information about the Service in electronic form. This includes sending information the law requires us to provide to you. We may provide required information to you: (1) by e-mail at the address you provided when registering for the Service, if applicable; or (2) by access to a web site we identify. All notices we e-mail to you will be deemed given and received when the e-mail is sent. By accessing and using the Service, you hereby consent to receive our notices electronically.
©2013 Sony Electronics Inc. All rights reserved.