Website Terms of Use
This Website, including any sub-Website accessible through the homepage (the “Website”), is published and maintained by subsidiaries, affiliates, and/or related entities of Sony Electronics Inc. (“Sony”). Please note that when you enter any sub-Website accessible through this homepage or the shopping page, such sub-Website may have its own terms and conditions of use which are specific to such sub-Website. When you access, browse, or use this Website you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any sub-Website.
Your Right to Use the Website and Its Contents
This Website is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Website, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Sony grants you a non-exclusive, non-commercial, non-transferable, limited right to enter, display, and use this Website. You agree not to interrupt or attempt to interrupt the operation of this Website in any way.
Ownership
All materials on this Website, including but not limited to audio, images, software, text, and video clips (the “Content”), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Website limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Website. By making them available on this Website, Sony is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal use at home, unless the sub-Website you are accessing states that you may not. If you download any Content from this Website, you may not remove any copyright or trademark notices or other notices that go with it.
Rules for Chatrooms, Bulletin Boards, and Other User-Supplied Material
This Website may have an area that allows you to “chat” or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish materials or use the Website for, without limitation, the following actions: (1) interfering with anyone else’s use of the Website; (2) abusive, illegal, indecent, obscene, offensive, or conduct that is threatening in any way; (3) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, false or bogus information, junk mail, spam, or a contest or sweepstakes; (5) causing any damage or disadvantage to others; (6) will not promote discrimination, bigotry, racism, hatred, bullying, harassment, or harm against any individual or group; (7) disturbing public order; (8) criminal activity; (9) encouraging anyone to break the law; (10) violating anyone’s copyright or other property right; (11) interfering with the privacy of any other user; (12) uploading or distributing any third parties’ private information without obtaining approval from such third parties; (13) using the Website for any commercial purpose; (14) uploading anything that contains software viruses or is designed to interrupt, destroy, or limit the functionality of the Website, any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (15) contain false or misleading statements of fact or descriptions of the origin of the material or the communication; (16) any activities that are unlawful or prohibited by any applicable laws; and/or (17) any other activities that Sony, in its sole discretion, deems inappropriate or objectionable. You agree to comply with any additional terms that are referred to on this Website or any sub-Website within the Website.
Sony may forbid you from posting, uploading, storing, sharing, sending, or displaying Content to and via the Website if you violate these Terms and Conditions, based on its sole decision.
Responsibility for User’s Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although Sony may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Website, Sony is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Sony may change, edit, or remove any user material, content or conversations that are illegal, indecent, obscene, hateful, or offensive, or that violate Sony’s policies in any way based on Sony’s unilateral decision. Sony will fully cooperate with any law enforcement authorities or court order requesting or directing Sony to disclose the identity of anyone posting such materials.
Sony’s Rights to User’s Material
If you send any communications or materials to the Website by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Sony uses such material.
Any material submitted to this Website may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Sony anywhere in the world, in any medium, forever. Further, Sony is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that Sony is not obligated to use any such ideas or materials, and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Sony does not cause Sony to have any special responsibility to you.
Third Party Website Links
This Website may contain links to other Internet sites on the World Wide Web (“Linked Websites”). Sony provides such Linked Websites for your convenience only, and is not responsible for the content of any website linked to or from this Website. Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of the Linked Websites and Sony. Linked Websites are independently operated and maintained by such third parties and are not under the control and/or supervision of Sony. Links from this Website to any other website do not mean that Sony approves of, endorses, or recommends that Linked Website. Use of the Linked Website shall be subject to the terms and conditions on such third party website. Sony is not responsible for any damage, however caused, in connection with the use of any Linked Website and your access to any Linked Website shall be at your own risk. Sony disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any Linked Website.
Contests/Sweepstakes
This Website may contain contests and/or sweepstakes that offer prizes or that require you to send in material or information about yourself. Each contest and/or sweepstakes has its own rules, which you must read and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or legal guardian before you:
E-mail the Website, or ask us to e-mail anything to you
Send in any information
Enter any contest, sweepstakes or game that requires information about you or offers a prize
Join any club or group
Post any information on any bulletin board or enter any chatroom or
Buy anything online
Availability of Products and Services
The products and services displayed on the Website may not be available for purchase in your particular location. The reference to such products and services on the Website does not imply or warrant that these products or services will be available at any time in your particular location. You should check with www.electronics .sony.com and/or your local Sony authorized retailer for the availability of specific products and services in your area.
Sony’s Right to Change These Terms and Conditions of Use or Content on the Website
Sony may add to, change, or remove any part of these Website Terms of Use at any time, without notice. Any changes to these Website Terms of Use or any terms posted on this Website apply as soon as they are posted. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. Sony may add, change, discontinue, remove, or suspend any other Content posted on this Website, including features and specifications of products described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability. Sony shall not be liable for any damages arising out of any alteration, change of the Content, termination of the Website or inability to use this Website.
Indemnification
You agree to indemnify, defend, and hold harmless Sony, its subsidiaries, affiliates, related entities and each of their officers, directors, employees, information providers, distributors, authorized retailers, licensors and licensees, and agents (collectively, “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 any breach by you of these Website Terms of Use or the representations, warranties, and covenants herein. You will cooperate as fully as reasonably required in Sony’s defense of any claim. Sony reserves 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 prior written consent of Sony.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS WEBSITE, SONY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, RELIABILITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEBSITE; OR (2) THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THIS WEBSITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SONY’S NEGLIGENCE, 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 CONTENTS AND FUNCTIONS OF THIS WEBSITE, 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.
Copyright Notice
If you believe that any Content has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent at the address or email 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.
16535 Via Esprillo
San Diego, CA 92127
Attn: Copyright Agent
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.
Trademark
The trademark SONY and any other product names, service names, or logos of Sony used, quoted and/or referenced in this Web Website are trademarks or registered trademarks of Sony Corporation or any of its affiliates. The absence of a name or logo in this list below does not constitute a waiver of any and all intellectual property rights that Sony Corporation has established in any of its product, feature, or service names or logos.
Microsoft, Windows, Windows Vista, Excel, Windows Media and Life Without Walls, and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries. Intel, Intel Inside, Core, Pentium, the Intel and Intel Inside logo are trademarks of Intel Corporation in the U.S. and/or other countries. Google, Google TV, Google Maps, Google Chrome, Gmail, Google Books, Google Earth, Google Ocean, YouTube, Picasa, Android, Android Market, the Google TV, YouTube, Android and Android Market logos are trademarks of Google Inc. Facebook and the Facebook logo are trademarks of Facebook, Inc. Twitter, the Twitter logo, Tweet, and Twitter bird are trademarks of Twitter, Inc. in the United States and other countries. Skype and the Skype Logo are trademarks of Skype Limited. Apple, Macintosh, Mac, Mac OS, iPhone, iPod, iPad, iPod classic, iPod touch, iPod nano and iPod shuffle, iTunes and iMovie are trademarks of Apple Inc., registered in the U.S. and other countries. Netflix and the Netflix logo are registered trademarks of Netflix, Inc. Slacker and the Slacker Radio logo are trademarks of Slacker, Inc. Vudu and the Vudu logo are trademarks of Vudu, Inc. Hulu and the Hulu logo are trademarks of Hulu. Pandora is a trademark of Pandora Media, Inc. Amazon Video On Demand is a trademark of Amazon in the U.S. and/or other countries. AT&T and the AT&T Globe logo are trademarks of AT&T Intellectual Property. Verizon Wireless is a trademark of Verizon Trademark Services, LLC. Bluetooth and the Bluetooth logo are trademarks of Bluetooth SIG, Inc. Qualcomm and Snapdragon are registered trademarks of Qualcomm Incorporated. Adobe, the Adobe PDF logo, Creative Suite, Photoshop, Premiere and Acrobat are registered trademarks of Adobe Systems Incorporated in the United States and/or other countries. Norton and Norton Internet Security are trademarks owned by Symantec Corporation or its affiliates in the U.S. and other countries. Carl Zeiss, Vario-Sonnar and Vario-Tessar are registered trademarks of Carl Zeiss, Inc. HDMI and High Definition Multimedia Interface are trademarks of HDMI Licencing LLC. Blu-ray Disc, Blu-ray 3D, the Blu-ray Disc and Blu-ray 3D logos are trademarks of the Blu-ray Disc Association. Dolby and the double-D symbol are registered trademarks of Dolby Laboratories. DLNA is a registered trademark of the Digital Living Network Alliance.
Dispute Resolution (Including Binding Arbitration)
“Dispute” is defined as any disagreement, cause of action, claim, controversy, or proceeding between you and any Sony related to or arising out of the sale of the Product by Sony, your purchase and/or use of the Product, or the terms of this Agreement. Dispute is to be given the broadest possible meaning that will be enforced.
You and Sony agree that all Disputes shall be resolved exclusively through binding arbitration. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT. You also agree that ANY DISPUTE RESOLUTION PROCEEDING WILL ONLY CONSIDER YOUR INDIVIDUAL CLAIMS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Despite the above, you have the right to litigate any Dispute on an individual basis 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.
Arbitration Instructions. To begin Arbitration, either you or Sony 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 Sony, 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 Sony 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 during the arbitration. However, the Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration itself and not any state law on arbitration. If you purchase the Product in the United States, but subsequently live outside of the United States, arbitration will take place in the county in which you purchased the Product. 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 to the extent necessary to provide relief warranted by that party’s individual claim, and any court with jurisdiction over the parties may enforce the arbitrator’s decision.
Opt-Out Instructions. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION, THEN: (1) you must notify Sony in writing within 30 days of the date that the Website Terms of Use are posted on the Website; (2) your written notification must be mailed to Sony Electronics Inc., 16535 Via Esprillo, MZ 1105, San Diego CA 92127, Attn: Legal Department; AND (3) your written notification must include (a) your NAME, (b) your ADDRESS, (c) the DATE the Website Terms were posted on the Website, and (d) a clear statement that “YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ELECTRONICS ENTITY THROUGH ARBITRATION AND/OR BE BOUND BY THE CLASS ACTION WAIVER.”
Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the benefits of the Limited Warranty.
General Provisions
Headings
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
Waiver/Invalidity
Failure of Sony to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of these Website Terms of Use is deemed by a court to be unenforceable, the remainder shall stay in effect.
Governing Law
These Website Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of law rules.
Entire Agreement
These terms and conditions constitute the entire and exclusive agreement between you and Sony concerning your use of the Website and supersedes any and all statements or other agreements, whether oral or written, between you and Sony.