Terms of Use

IMPORTANT – READ THESE TERMS OF USE AND SONY’S PRIVACY POLICY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND SONY’S PRIVACY POLICY.

TERMS AND CONDITIONS OF USE

This website, including any subsite accessible through this website ("Site"), is owned, published and maintained by Sony Electronics Inc. and/or its affiliates ("Sony"). Please note that when you enter any subsite accessible through the Site, such subsite may have its own terms and conditions of use which are specific to your access, display and use of such subsite. When you access, display, or use the Site you accept the terms and conditions set forth below (“Terms of Use”), Sony’s Privacy Policy (defined below), and any additional terms and conditions of use set forth in any subsite. You may not use the Site and may not accept these Terms of Use if you are a person not permitted to use the Site under the laws of the United States or other countries including but not limited to the country in which you are resident or from which you use or access the Site. IF YOU DO NOT AGREE TO OR ARE NOT PERMITTED TO USE THE SITE, SONY IS UNWILLING TO ALLOW YOU TO, YOU HAVE NO RIGHT TO AND YOU MAY NOT ACCESS, DISPLAY OR USE THE SITE.

Your Right to Use the Site and Sony’s Content

The Site and the Content (defined below) and services made available to you on or through the Site are for your personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, modified, exchanged, sold, transmitted or distributed in any way (including but not limited to “mirroring”) for any business, commercial or public enterprise or purpose, without, in each and every case, Sony’s express prior written consent. You may not remove any copyright or trademark notices or other proprietary notice language found on the Site or contained in the Content. As long as you comply with these Terms of Use, Sony grants you a non-exclusive, non-transferable, limited right to access, display, and use the Site and Content strictly for your personal use.

Sony’s Content

All materials on the Site, including but not limited to graphics, user and visual interfaces, audio, images, software, widgets, applications, text, and video clips ("Content"), as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Site or such Content and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Site, are all owned or licensed by or to Sony or its third party licensors and service providers, including developers who provided such Content. You cannot use the Content except as expressly specified herein. You agree to follow all instructions on the Site limiting the way you may use the Content. Any unauthorized use of the Content may violate copyright, trademark, trade dress or patent laws, or various other intellectual property rights and unfair competition laws, the laws of privacy and publicity, and civil and criminal statutes. By making them available on the Site, Sony is not granting you any license to utilize the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Site.

Unless a subsite you are accessing states you may not, you may download one (1) copy only of the Content purposely made available by Sony for downloading from the Site, provided that you (a) do not remove any copyright or trademark notices or other proprietary notice language contained in the copy of such Content, (b) use such Content only for your personal, non-commercial, informational purposes and do not copy or post such Content on any networked computer or broadcast it in any media, (c) make no modifications to any such Content, and (d) do not make any representations or warranties relating to such Content.

Restrictions on Your Use of the Site and Sony’s Content

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any servers, systems or networks connected to the Site, or to any of the services made available on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any server, system or network connected to the Site, nor breach the security or authentication measures on the Site or any server, system or network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Sony, including but not limited to any Sony account not owned by you, to its source, or exploit the Site or any Content, service or information made available on or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Sony’s servers, systems or networks, or any systems or networks connected to the Site or to any third party server, systems or networks which hosts, operates or otherwise supports the Site.

You agree not to nor use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with the proper operation and working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sony on or through the Site or any service made available on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You will not use any information obtained on or through the Site in order to contact, advertise to, solicit, or sell to any user of the Site without such user's prior explicit consent. In order to protect users of the Site from such advertising, solicitation and sales, Sony reserves the right to restrict the number of communications you may send to any other user in any twenty-four (24) hour period to such a number which Sony deems appropriate in its sole discretion, and to establish general policies and limits concerning your use of the Site.

You acknowledge that all the intellectual property rights in the Site and the Content and services made available on or through the Site (other than your Materials (defined below)) are owned by Sony or its third party licensors or service providers, including but not limited to developers who provided such Content. Except as expressly permitted under these Terms of Use, you agree not to (i) modify, publish, distribute, adapt or create derivative works based on the Content; (ii) share, rent, lease, loan, sublicense, assign, transfer or sell access to the Content; (iii) decompile, reverse engineer, disassemble, attempt to derive source code, reduce to human-perceivable form or copy any Content (except with respect to your Materials or as otherwise expressly permitted under these Terms of Use).

You may not use the Site or any Content or services made available on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes or violates any right of Sony or others.

Sony's Rights to Materials Supplied by You

If you post, send, transmit, upload or otherwise publish any materials, communications or other content to the Site by electronic mail or otherwise (“Materials”), including but not limited to any selections, comments, data, questions, suggestions, or the like, all such Materials are and will be treated as non-confidential, unless you have entered into a separate written confidentiality and nondisclosure agreement with Sony in which case the terms and conditions thereof shall govern the communications and information exchanged between you and Sony. Sony does not claim ownership in or to any Materials, but to the extent you post, send, transmit, upload, publish or otherwise make available any Materials, you (i) agree Sony is free but in no way obligated to, and grant Sony a non-exclusive, worldwide, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to, copy, license, display, publish, distribute, transmit, or use any such Materials; and (ii) give up any claim that such copying, licensing, display, publishing, distribution, transmitting, or use of any such Materials violates any of your rights including but not limited to moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right.

Thus, you should only post, send, transmit, upload, publish or otherwise make available Materials, or portions thereof, that you are comfortable sharing under the terms and conditions of these Terms of Use. You represent and warrant that: (a) you own the Materials or otherwise have the right to grant the license set forth in these Terms of Use; and (b) the Materials do not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.

Rules and Responsibility for Materials Supplied by You

The Site may have an area which allows you to "chat" or upload and download materials, communications and other content, including but not limited to Materials. When using any of these areas or otherwise using the Site or any service offered on or through the Site, you agree not to conduct any activity, or to post, send, transmit, upload, or otherwise publish on or through the Site any materials, communications or other content, that: (a) interfere with anyone else's use of the Site or any service offered on or through the Site; (b) is defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing or threatening in any way; (c) constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violate anyone's copyright, trademark, patent, trade secret or other personal or proprietary right; (e) invade or interfere with the privacy of any other user; (f) contain a virus or any other harmful component; or (g) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional rules and terms which are referred to on the Site or any subsite accessible through the Site, applicable to forums, bulletin boards, chatrooms, discussions, postings, transmissions, and the like.

Although Sony may from time to time monitor or review forums, bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, Sony is under no obligation to do so and assumes no liability or responsibility arising from the activities, materials or communications associated with such forums, bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, or for any defamation, error, inaccuracy, libel, harassment, obscenity, or profanity in connection therewith. Sony may, at any time without notice and in its sole discretion, stop, modify, edit, or remove any user activity, material or communications for any or no reason, including but not limited to those that are defamatory, abusive, illegal, indecent, obscene, hateful, offensive, harassing or threatening in any way, or that violate Sony's policies in any way. You agree that you are solely and entirely responsible and liable for all activities conducted, and materials and communications posted, sent, transmitted, uploaded, and otherwise published by or on behalf of you through the Site or any service offered on or through the Site. You understand that by using the Site or any service offered on or through the Site you may be exposed to activities, materials and communications that you may find defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing or threatening, and that, in all respects, you use the Site and any service offered on or through the Site at your own risk and discretion.

Transmitted Material

Internet transmissions are never completely private or secure. You understand that any message or information you send to Sony may be read or intercepted by others. Sending a message or information to Sony does not cause Sony to have any special responsibility to you.

Links
The Site may contain links to other Internet sites on the World Wide Web. Sony provides such links for your convenience only, and is not responsible for nor does it control or endorse the content of any website linked to or from the Site. Links from the Site to any other website do not mean that Sony approves of, endorses, or recommends that website. You will need to make your own independent judgment regarding your interaction with any website linked to or from the Site. Sony disclaims all warranties, express or implied, regarding all websites linked to or from the Site, including but not limited to as to the accuracy, legality, reliability, or validity of any content on any such websites. You acknowledge that it is your responsibility to comply with the terms and conditions of any websites linked to or from the Site.

Contests
The Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter or participate.

Fees

Sony currently provides the Site and Content and services on and through the Site free of charge, but reserves the right in the future to charge for such Content and services and to change its fees from time to time in its sole discretion, upon notice to you.

Rules for Kids (Under Age 16)

If you are under 16, you should ask your parents or a guardian before you: (i) e-mail the Site, or ask us to e-mail anything to you; (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 forum, bulletin board or enter any chatroom; or (vi) buy anything online.

Accounts, Passwords and Security

Your access, display and use of the Site and/or Content, features or services made available on or through the Site may require you to set up an account (including setting up a Sony ID and password). By setting up such an account with Sony, you represent and warrant that: (a) all information you submit is true, accurate, current and complete information about yourself; (b) you will maintain/promptly update such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Site and the Content and services made available on or through the Site does not violate any applicable law, rule or regulation. 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 as a result of your failure to keep this information secure and confidential. 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 or visitor to the Site due to someone else using your Sony ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Sony ID, password or account at any time without the express permission and consent of the holder of that Sony ID, password or account. Sony cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Exclusion of Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK. THE SITE, ITS CONTENT, AND ALL SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE FURNISHED TO YOU “AS-IS” AND “AS-AVAILABLE,” AND WITHOUT WARRANTIES, DUTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. SONY, ITS AFFILIATES, AND ITS THIRD PARTY LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, DUTIES AND CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SONY, ITS AFFILIATES, AND ITS THIRD PARTY LICENSORS AND SERVICE PROVIDERS DO NOT WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR PROVIDE SPECIFIC RESULTS, or that they will be updated, OR THAT THE OPERATION OF SITE ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. FURTHERMORE, SONY, ITS AFFILIATES, AND ITS THIRD PARTY LICENSORS AND SERVICE PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, IN TERMS OF THEIR ACCURACY, RELIABILITY, completeness, OR OTHERWISE. SONY CANNOT ENSURE THAT ANY CONTENT, SERVICES, FILES OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM OR THROUGH THE SITE, ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, OR THE SERVER THAT MAKES SUCH SERVICES OR THE SITE AVAILABLE, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, AND SONY DISCLAIMS ANY LIABILITY RELATED THERETO. SONY, ITS AFFILIATES, AND ITS THIRD PARTY LICENSORS AND SERVICE PROVIDERS FURTHER DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, CONTENT AND ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, AND ANY WEBSITES LINKED TO OR FROM THE SITE. YOUR SOLE REMEDY AGAINST SONY, ITS AFFILIATES, AND ITS THIRD PARTY LICENSORS AND SERVICE PROVIDERS FOR DISSATISFACTION WITH THE SITE, CONTENT OR ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE IS TO STOP USING THE SITE, CONTENT OR ANY SUCH SERVICES MADE AVAILABLE ON OR THROUGH THE SITE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND SONY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY, ITS AFFILIATES, OR ITS THIRD PARTY LICENSORS OR SERVICE PROVIDERS SHALL CREATE A WARRANTY, DUTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY, DUTY AND CONDITION.

Limitation of Liability

IN NO EVENT WILL SONY, ITS AFFILIATES, OR ITS THIRD PARTY LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THE USE, OR LOSS OF USE OF, THE SITE, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS PROFITS, OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON WHATSOEVER, WHETHER BASED ON THEORIES OF CONTRACT or TORT (including, without limitation, negligence or STRICT LIABILITY), EVEN IF SONY, ITS AFFILIATES, OR ITS THIRD PARTY LICENSORS OR SERVICE PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE, CONTENT AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK. SONY, IT’S AFFILIATES, AND IT’S THIRD PARTY LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, DUTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SITE, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE. IF, NOTWITHSTANDING THE TERMS OF THESE TERMS OF USE, SONY, ITS AFFILIATES, OR ITS THIRD PARTY LICENSORS OR SERVICE PROVIDERS ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE SITE, CONTENT OR ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, SONY'S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED US DOLLARS (US$100.00) EVEN IF SONY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages, exclusions or limitations of implied warranties, duties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.

Release

You hereby release Sony, its affiliates, and its third party licensors and services providers, and its and their respective agents, directors, officers, employees, information providers, licensors and licensees, and successors and assigns from and against any and all demands, claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses of any kind, including but not limited to personal injuries, death and property damage, that arise from, out of or in connection with, or incident to: (a) any interactions with other users of the Site; or (b) your participation in any offline Sony event.

Indemnification
You agree to defend, indemnify and hold harmless Sony, its affiliates, and its third party licensors and service providers, and its and their respective agents, directors, officers, employees, information providers, licensors and licensees, and successors and assigns (each an “Indemnified Party”), from and against any and all liability and costs (including but not limited to attorneys’ fees and costs) incurred by Indemnified Party(s) in connection with any actual or alleged claim arising from, out of or in connection with, or incident to: (a) your use or misuse of the Site, Content or services made available on or through the Site; (b) any actual or alleged breach by you of these Terms of Use; (c) any actual or alleged violation or non-compliance by you of any law, rule or regulation; (d) any Materials or other information submitted by you hereunder or any use thereof; (e) any damage caused by or alleged to have been caused by you to the Site, Content or services made available on or through the Site; or (f) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation. The counsel you select for defense or settlement of a claim must be consented to by Sony and/or the Indemnified Party(s) prior to counsel being engaged to represent you and Sony and/or the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by Sony and/or the Indemnified Party(s) in defense and settlement of any claim. Sony and/or Indemnified Party(s) reserve the right, at their 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 or agree to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of Sony or any Indemnified Party(s) without the prior written consent of Sony and/or the Indemnified Party(s).

Modifications to the Site, Content, Services and/or these Terms of Use

Sony may, in its sole discretion, add, change, modify, discontinue, remove, or suspend any portion or feature of, the Site, Content or any services made available on or through the Site, temporarily or permanently, at any time, without notice and without liability. Such additions, changes or modifications may change or delete the nature of features or other aspects of the Site, Content or any services made available on or through the Site, 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 Site, Content or any services made available on or through the Site, upon your complete installation or acceptance of such additions, changes or modifications. Sony may add to, change, or remove any part, term, or condition of these Terms of Use at any time without prior notice to you. It is your responsibility to check these Terms of Use periodically for changes. By continuing to use the Site, Content or any services made available on or through the Site, you are indicating your acceptance of such changes.

Export Restrictions

You may not and agree not to use, export or re-export any portion of the Content or any copy or adaptation of such Content, or any service made available on or through the Site, in violation of any applicable laws, rules or regulations, including but not limited to, United States export laws, rules and regulations. By downloading, copying or using the Content, you represent and warrant that such download, copy or use is not in violation of any such laws, rule or regulation.

Copyright Notice

If you believe that any copyrighted work of yours has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Sony Electronics Inc.
16530 Via Esprillo
San Diego, CA 92127
Attn: Copyright Agent
Phone: 858.942.7795
E-Mail: ipagent@am.sony.com

By this notice, Sony seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.

Void where Prohibited

The Site is administered and operated from San Diego, California, USA. Other websites linked through the Site may be administered and operated from various locations outside the United States. Although the Site may be accessible worldwide, not all Content or services discussed, referenced, provided or made available on or through the Site are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States. Sony reserves the right to limit, in its sole discretion, the provision and quantity of any Content or services made available on or through the Site to any person or geographic area. Any offer for Content or any service made available on or through the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws, rules and regulations.

Jury Trial Waiver

TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS OR DISPUTES ARISING UNDER OR RELATING TO THESE TERMS OF USE, SONY’S PRIVACY POLICY, OR THE SITE, THE CONTENT OR ANY SERVICE MADE AVAILABLE ON OR THROUGH THE SITE. Any claim or cause of action arising under these Terms of Use or Sony’s Privacy Policy, or you may have with respect to the Site, Content or any service made available on or through the Site, must be commenced within one (1) year after the claim or cause of action arises.

Governing Law and Arbitration

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use, including without limitation, the Site, Content and all services made available on or through the Site. Furthermore, these Terms of Use (including without limitation, the Site, Content and all services made available on or through the Site) 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, even if such law is adopted in Ontario, Canada. These Terms of Use, any disputes or claims arising out of or related to these Terms of Use (including without limitation, the Site, Content and all services made available on or through the Site) and your relationship with Sony under these Terms of Use, shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. Any and all disputes or claims arising out of or relating to these Terms of Use (including without limitation, the Site, Content and all services made available on or through the Site) or your relationship with Sony under these Terms of Use, shall be determined by arbitration in San Diego, California, before three (3) impartial arbitrators, in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. If you reside in the United States, the arbitration shall be administered by JAMS and the arbitrators shall be selected pursuant to the rules and procedures of JAMS. If you reside outside the United States, the arbitration shall be administered by ICC and the arbitrators shall be selected pursuant to the rules and procedures of ICC. The parties shall bear their own costs and expenses, including attorneys’ fees, but the arbitrators may, in the award, allocate all of the administrative costs of the arbitration, including the fees of the arbitrators, against the party who did not prevail. The decision of the arbitrators shall be final and non-appealable. Judgment on any award may be entered in any court having competent jurisdiction.

Entire Agreement, Notice, Waiver and Severability

These Terms of Use, any additional terms and conditions posted on the Site, and the Sony’s Privacy Policy together constitute the entire agreement between you and Sony with respect to the Site, Content and any services made available on or through the Site (excluding any services or content which Sony may provide to you under a separate written agreement), and completely supersedes, cancels and replaces any and all other written or oral agreements or understandings previously existing between you and Sony with respect to such use. Any notice by Sony hereunder may be made by letter, e-mail, posting on or through the Site or other means permitted by law. The failure of Sony to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms of Use, and the other parts will remain in full force and effect.

Third party Beneficiaries

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party shall be a third party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms of Use that confers a right or remedy in favor of such party.

Term and Termination

Sony reserves the right to do any of the following, at any time, without notice: to modify, interrupt, suspend or terminate operation of or access to Site, Content or any services made available on or through the Site, or any portion of the Site, Content or such services, for any or no reason. In addition, Sony may terminate your access to the Site, Content or any services made available on or through the Site, and/or block your future access to the Site, Content and any services made available on or through the Site, without notice, if you fail to comply with these Terms of Use and in such event, you must cease using the Content and all services made available on or through the Site, which includes without limitation, refraining from accessing or using the Site. You may stop using the Content and all services made available on or through the Site at any time, which includes without limitation, refraining from accessing or using the Site. Upon termination of your use of the Site, Content or any services made available on or through the Site for any reason, you will have no recourse against Sony, its affiliates, its third party licensors or service providers for your inability to use the Site, Content or any services made available on or through the Site, and you must destroy any copies of the Content in your possession, including any Content downloaded through the Site or any services made available on or through the Site. Any of your obligations under these Terms of Use which by their nature are intended to survive the termination of your use of the Site, Content or any services made available on or through the Site, shall continue to apply to you after you cease to use the Site, Content and/or any services made available on or through the Site.

Equitable Remedies

Notwithstanding anything contained herein to the contrary, you agree that any violation of or non-compliance with these Terms of Use or Sony’s Privacy Policy by you will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sony, 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. Sony may also take any legal and technical remedies to prevent violation of and/or to enforce these Terms of Use and Sony’s Privacy Policy, including, without limitation, immediate termination of your use of the Site, Content or any services made available on or through the Site, if Sony believes in its sole discretion that you are violating or intend to violate these Terms of Use or Sony’s Privacy Policy. These remedies are in addition to any other remedies Sony may have at law, in equity or under contract.

Notice To/Regarding Children Under the Age of 13

If you are under 13 years of age, you should not provide any personally identifiable information (for example, your last name, home address or e-mail address) on the Site, Content or any services made available on or through the Site, without the knowledge and permission of your parent or guardian. If Sony learns that you are under 13 years of age, Sony will not maintain or use any personally identifiable information about you without the verifiable consent of your parent or guardian, except as allowed by law. This may mean that you will be unable to use certain features of the Site, Content or services made available on or through the Site without that verifiable consent.

Privacy Policy

Sony’s Privacy Policy applies to the collection, use and disclosure of and information provided by you while on the Site, and its terms are made a part of these Terms of Use by this reference. A link to Sony’s Privacy Policy can be found at the bottom of each page of the Site (“Privacy Policy”). Other websites which are linked to/from the Site (including but limited to other Sony affiliates and websites, and via banner ads) may have different policies; therefore, please review the privacy policy notices on those websites for details. Sony reserves the right to change Sony’s Privacy Policy at any time, and such changes are effective as of the stated “Last Update:” date, and your continued use of the Site on or after the ”Last Update:” date will constitute acceptance of, and agreement to be bound by, those changes.

Your Feedback

Should you have any questions concerning these Terms of Use, you may contact Sony by writing to:

Sony Electronics Inc.
16530 Via Esprillo
San Diego, CA 92127
Attn.: Vice President, Sony Developer Site

Last updated: October 2011