Terms and Conditions of Use
Last Updated and Effective: May 27, 2021
These Terms and Conditions of Use (this “Agreement”) apply only to certain subpages of Sony.com (www.sony.com) (this “Website”) and any other websites, webpages and other online offerings that post a link to this Agreement, whether accessed via computer, mobile device or other technology. The subpages to which this Agreement applies are published and maintained by Sony Corporation of America (“Sony”). The websites and properties of affiliated Sony companies, including some that are linked to/from this Website, may have different terms and conditions and other policies; therefore, please review the terms and conditions and other policies on those websites or properties if you visit them.
This Agreement affects your legal rights. It governs your rights and responsibilities in connection with, and applies to, this Website, and when you access, browse, or use this Website, you accept, without limitation or qualification, this Agreement, as set forth herein and below and, you agree to be bound by this Agreement without limitation or qualification, including the terms and conditions set forth in the Privacy Policy, which can be found at https://www.sony.com/en_us/SCA/privacy-policy.html, and is hereby incorporated into this Agreement. If at any time you do not accept this Agreement, stop using the Website. You also agree to abide by all local, state, federal and international laws and regulations applicable to your use of this Website.
Sony reserves the right, in its sole discretion, to make changes to this Agreement, without notice and without liability. Changes to this Agreement will be effective when posted. You agree to review this Agreement periodically to become aware of any such changes. Your use of this Website after Sony posts any changes to this Agreement will be considered your acceptance of those changes and will constitute your agreement to be bound thereby.
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. You agree not to interrupt or attempt to interrupt the operation of this Website in any way.
All materials, information and content on this Website, including but not limited to any and all images, software, text, video, audio, scripts, graphics, pictures, sounds, photographs, music, videos, interactive features and the like, and the trademarks, logos and service marks contained on this Website (collectively, the "Content"), is owned (or licensed) by Sony and its affiliates and is subject to and protected by U.S. copyright law, international conventions, and other copyright and intellectual property laws (“IP Laws”). Sony reserves all rights with respect to such Content, and you may not, and shall not allow any third party to use any Content or copy, modify, reproduce, republish, post, transmit, sell, license, create derivative works from, reverse engineer, reverse assemble, distribute or use any Content in any way except as explicitly specified herein or with Sony’s prior written permission, and in such case, only in accordance with such written permission. By making the Content available on this Website, Sony is not granting you any license to utilize the proprietary Content, including without limitation, the logos, service marks, trademarks and graphics. Sony is simply granting you permission to use the Website and its contents for your own personal use. In the event that you download or print a copy of any Content for personal use, you must retain all copyright and other proprietary notices contained therein. Any unauthorized use of the Content may violate IP Laws, the laws of privacy and publicity, and civil and criminal statutes.
This Website may contain links to other Internet websites. Sony provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Website. Links from this Website to any other website do not mean that Sony approves of, endorses, or recommends that website. Sony disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Sony may add to, change, or remove any part of this Agreement at any time, without notice, in its sole discretion. Any changes to this Agreement 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. You are responsible for regularly reviewing this Agreement, and your continued use of this Website following any changes indicates your acceptance of those changes.
You agree to release, indemnify, defend and hold harmless Sony and its parent, subsidiaries, affiliates and their respective officers, directors, employees, agents, vendors, licensors, suppliers, third-party providers or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney’s fees and costs), damages and expenses that such parties may incur as a result of, due to, or arising out of your (i) breach of these Terms and Condition of Use or any of the warranties, representations, covenants, responsibilities or other obligations set forth in herein, or (ii) violation of any applicable laws. Sony’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Sony reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sony in asserting any available defenses, and you shall not in any event settle any matter without the written consent of Sony.
YOU EXPRESSLY AGREE THAT 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" “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. SONY AND ITS AFFILIATES EXPRESSLY DISCLAIM AND SONY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED (I) 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 THE WEBSITE, AND (II) RERGARDING THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY OR NON-INFRINGEMENT, OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEBSITE. TO THE EXTENT THAT SONY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SONY'S OR ANY OF ITS AFFILIATE’S NEGLIGENCE, SHALL SONY, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS OR OTHER THIRD-PARTY PROVIDERS BE HELD LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY FOR ANY DAMAGES, LOSSES, LIABILITIES, OBLIGATIONS, OR COSTS, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH ANY ASPECT OF THE WEBSITE.
This Limitation On Liability includes, but is not limited to, and Sony and its affiliates are not responsible for, even if Sony or an authorized representative thereof has been advised of the possibility of damages, any (i) errors, omissions, mistakes, or inaccuracies of content; (ii) interruption or cessation of transmission to or from the Website; (iii) bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof); or (iv) loss or damage of any kind incurred as a result of the use by you of any content made available on or by means of the Website; and/ or (viii) failure, interruption or unavailability of mechanical or electronic equipment or network servers or communication lines, miscommunications, theft, operator errors, strike or other labor problems, or any force majeure howsoever caused or other error of any kind whether human, mechanical or electronic. Sony cannot and does not guarantee continuous, uninterrupted or secure access to the Website.
Controlling Law; Lawsuits. This Agreement shall be governed by and construed according to the laws of the State of New York as applied to agreements made, entered into and performed entirely in New York. You agree that any disputes or legal proceedings arising out of or related to this Website shall be brought in the state or federal courts in the State of New York, and shall be handled individually without any class action. You also agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of this Website or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
Court Orders and Subpoenas. Sony will comply with all court orders and subpoenas and cooperate with investigations by local, state and federal agencies. Under these circumstances, your use of this Website may be shared with others with or without such your knowledge or consent.
Complete Agreement/Invalidity & Severability. This Agreement and any additional terms posted on this Website together constitute the complete, final and exclusive understanding and agreement between you and Sony relating to the subject matter hereof and your use of this Website, superseding all prior or contemporaneous understandings, agreements, communications, and / or advertising with respect to such subject matter. If for any reason any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
No Waiver. Sony’s failure to insist upon strict performance of any provision(s) of this Agreement or to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right or remedies or of the provision.
Assignment. Sony may assign its rights and delegate its duties under this Agreement to any party at any time without notice to you. The rights and licenses granted hereunder may not be assigned or transferred by you, and any attempted assignment or transfer in violation hereof shall be null and void.
Headings. All headings in this Agreement are for convenience only and have no legal effect.
