TERMS OF SERVICE AND USER AGREEMENT
Latest versions at https://account.sonyentertainmentnetwork.com/info/terms-of-use.action https://account.sonyentertainmentnetwork.com/info/privacy-policy.action
Version 15 (March 19, 2013)
PLEASE READ THIS ENTIRE AGREEMENT AND INDICATE WHETHER YOU AGREE TO ITS TERMS BY CLICKING THE "ACCEPT" OR "DO NOT ACCEPT" BUTTON AT THE END OF THE AGREEMENT. ACCESS TO THE SONY ENTERTAINMENT NETWORK ("SEN") INCLUDES ACCESS TO PLAYSTATION®NETWORK ("PSN"), PLAYSTATION MOBILE, THE MUSIC UNLIMITED SERVICE ("MUSIC UNLIMITED"), THE VIDEO UNLIMITED SERVICE ("VIDEO UNLIMITED"), OTHER PRODUCTS AND SERVICES OFFERED THROUGH SEN AND THEIR ASSOCIATED STORES AND VIRTUAL COMMUNITIES (COLLECTIVELY, "FIRST PARTY SERVICES"), AND CERTAIN SERVICES PROVIDED BY OUR AFFILIATES OR OTHER ENTITIES THAT WE OWN OR CONTROL (COLLECTIVELY, THE "SONY GROUP OF COMPANIES", AND INDIVIDUALLY A "SONY GROUP COMPANY") OR UNAFFILIATED THIRD PARTIES (COLLECTIVELY, "THIRD PARTY SERVICES"). THE APPLICABLE TERMS OF THIS AGREEMENT APPLY TO THIRD PARTY SERVICES, AS WELL AS ALL ADDITIONAL TERMS AND CONDITIONS PROVIDED BY THE COMPANY OFFERING THE THIRD PARTY SERVICE. ACCESS TO SEN IS EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THE TERMS OF THIS AGREEMENT AND CREATION OF A SEN ACCOUNT. IF YOU CLICK THE "DO NOT ACCEPT" BUTTON, YOU WILL NOT BE ABLE TO REGISTER A SEN ACCOUNT AND WILL NOT BE ABLE TO ACCESS SEN.
THIS AGREEMENT IS A LICENSE FOR LIMITED USE OF CONTENT AND SERVICES PROVIDED THROUGH SEN. IT IS A CONTRACT BETWEEN YOU AND SONY NETWORK ENTERTAINMENT INTERNATIONAL LLC ("SNEI") AND CAN BE ACCEPTED ONLY BY AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR SEN ACCOUNT IS REGISTERED. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement and Privacy Policy. By clicking the "ACCEPT" button yourself, you affirm that you have reached the legal age of majority and accept this Agreement. You also affirm that you accept this Agreement on behalf of, and all legal and financial responsibility and liability for the actions of, your child and you hereby expressly ratify and confirm any acts of your child and all users of your subordinate accounts ("Sub Accounts").
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 17 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND SNEI, SONY COMPUTER ENTERTAINMENT INC., SONY COMPUTER ENTERTAINMENT AMERICA LLC, THEIR AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "SONY ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 17.
By accepting this Agreement, you agree to its terms and to abide by all SEN First Party Services policies. You agree that you will not directly or indirectly use SEN First Party Services (i) in any way for any commercial purpose, (ii) in any way that violates the law or the Community Code of Conduct, or (iii) in any way that harms or has the potential to harm SNEI, its affiliates, including its parent company, its subsidiaries, licensors, providers or partners or fellow SEN First Party Service users. You agree that you will not use any unauthorized hardware, including peripherals not sold, licensed or certified by a Sony company such as non-licensed game enhancement devices, controllers, adaptors and power supply devices (collectively, "Non-Licensed Peripherals") or unauthorized software to access or use SEN First Party Services or any content or service provided on or through SEN First Party Services.
1. ACCOUNT REGISTRATION
To access First Party Services, you must create a SEN Account. You may view content on certain Authorized Devices depending on the First Party Services you are using. "Authorized Devices" means your Authorized Download Devices and your Authorized Streaming Devices in relation to First Party Services. "Authorized Download Devices" means activated PlayStation®3 computer entertainment systems, PSP® (PlayStation®Portable) systems, PlayStation®Vita systems, select personal computers, select mobile telephones, select tablets and other authorized download devices in relation to First Party Services. "Authorized Streaming Devices" means activated select televisions, select Blu-ray® Disc players, PlayStation®3 computer entertainment systems and other authorized devices in relation to First Party Services. Through Music Unlimited, you may access content on activated PlayStation®3 computer entertainment systems, PSP® (PlayStation®Portable) systems, PlayStation®Vita systems, select personal computers, select mobile telephones, select televisions, select Blu-ray Disc players, select tablets and other authorized devices ("Music Unlimited Devices"). Through Video Unlimited, you may access content on all Authorized Streaming Devices (except the PlayStation®3 computer entertainment system and PlayStation®Vita systems, for which video content is available through PSN) and select personal computers, select mobile telephones and select tablets that are Authorized Download Devices ("Video Unlimited Devices"). Through PSN, you may access content on activated PlayStation®3 computer entertainment systems, PSP® (PlayStation®Portable) and PlayStation®Vita systems if those systems are Authorized Devices for that content type ("PSN Devices"). Through PlayStation®Mobile, you may access content on PlayStation-Certified mobile devices ("PS Mobile Devices").
You may also be able to participate in the online PSN community (including chatting via voice and video with your friends) and play games online. If you registered for an SEN Account that was or, in limited cases, is branded a "PSN" account, you will not have to create a separate SEN Account because your account will be transitioned into an SEN Account. SEN First Party Services may not be available, or may not be supported, in some countries and some languages. SNEI reserves the right to deny the creation of any account at its sole discretion. Currently, there is no charge to create an SEN Account, but there may be charges associated with certain online content or services available through SEN First Party Services. All information provided during account registration must be truthful and accurate. SNEI reserves the right to cancel any SEN Account that uses or that was created using untruthful or inaccurate information.
There are two types of accounts: Master Accounts and Sub Accounts. All accounts have an associated mailbox for receiving electronic text mail. If you have reached the legal age of majority, you can create a Master Account for yourself. Where available, each Master Account can create up to six (6) associated Sub Accounts. You are not permitted to create Sub Accounts for adults or persons under the legal age of majority who are not your children or for whom you are not the legal guardian. Your children must be of a certain age in order to have a Sub Account. Sub Accounts may not be available in all countries. Deletion or termination of a Master Account may result in the deletion and termination of all associated Sub Accounts.
A Master Account has access to and control over the following aspects of its Sub Accounts: (i) financial aspects; (ii) content availability and (iii) certain communication features. Text mail from SNEI that relates to a Sub Account's purchases will be sent to the mailbox of the associated Master Account. At its sole discretion, SNEI may send text mail to the Master Account relating to the Sub Account's other activities. The Master Account holder is jointly and severally legally and financially responsible for the actions of his or her Sub Account holders.
Both Master Account and Sub Account holders select their own sign-in ID and password to gain access to their accounts. SEN Account holders may be required to select their own Online ID to access PSN. All users should safeguard their sign-in ID and password to prevent use by any other user. Certain information, which may include the Online ID, "About Me" statement, avatar pictures, country/area of residence, preferred language and recently played game titles, may be provided to all SEN First Party Service users, including children. SNEI has no liability for any unauthorized usage of any account.
2. PARENTAL CONSENT AND PARENTAL CONTROLS
Where Sub Accounts are available, a child under the legal age of majority can only have a Sub Account associated with a Master Account of the child's parent or legal guardian. If you are creating a Sub Account for a child, you must provide (i) your consent for SNEI to collect, use and disclose, pursuant to SNEI's Privacy Policy, your child's personally identifying information to third parties for the purpose of allowing your child to participate in SEN First Party Services; (ii) your consent to your child's communications with others through the Sony Entertainment Network as described in this Agreement and SNEI's Privacy Policy; and (iii) your credit card information if requested by SNEI for Sub Accounts for children under the age of 13 in the United States and Canada or under the specific age applicable to your country. Your credit card will be used to verify parental consent under laws requiring you consent. You will not be charged a fee for creating the Sub Account. If you do not consent to the collection and disclosure of your child's information as described in SNEI's Privacy Policy, you will not be able to create a Sub Account. If all requested information is provided, a separate email containing a code will be sent to the Master Account's email account with instructions to complete registration by entering the code into the Sub Account using a personal computer. You will need to create for your child an Online ID that will be associated with your child's SEN Sub Account. Please note that the Online ID is viewable by all SEN First Party Services users and, depending on a user's activities, the Online ID may be publicly available and viewable via the Internet by those outside the SEN First Party Services. For example, if a user submits a posting to an online blog related to the SEN First Party Services, that user's Online ID may be associated with the post in a manner that is publicly available.
The Master Account may restrict the ability of a Sub Account to communicate with other SEN First Party Services users by setting the Restrict Chat option to "YES," which is the default setting. Please beware of limitations to the Restrict Chat option. With Restrict Chat set to "YES," your child still may receive text emails from PSN users, including adults, in your child's account mailbox or via Group Messaging in the PlayStation®Vita system. The parent's Master Account will not be notified of text emails sent to a child's Sub Account mailbox. In addition, the Restrict Chat option may not apply to certain types of interactive features in game content that may be used to facilitate user communication. As the parent or legal guardian, you are responsible for monitoring your child's access to or use of SEN First Party Services, as well as any communications made or received by your child on or through SEN First Party Services.
The Master Account may restrict a Sub Account's access to game and video content if the content is rated by using the Restrict Content setting. Some content may be objectionable to or inappropriate for some users, including children under a certain age, which may vary from country to country. Please consider your child's age and check any content ratings and descriptions where available, before you access, download or purchase access to any items or permit your child to do so. In some cases, third parties provide ratings or descriptions for items, and SNEI cannot guarantee the accuracy or completeness of such information. Not all content is rated.
Some content that you access on your PlayStation®3 computer entertainment system, PSP® (PlayStation®Portable) system, PlayStation®Vita system, other Authorized Device or other Music Unlimited Device may be accessible by all users of that system or device. Please monitor all access to content that may be objectionable or age inappropriate. Parental controls implemented through these devices may not apply to certain types of content that may be used to facilitate user communication, certain categories of downloadable content or certain categories of streamed material. Parental controls may also not apply to content that is not rated. Your child may not be able to access some content or play games rated for users older than his or her registered age. In some countries, parents and legal guardians with Master Accounts will be permitted to set their parental controls to override restrictions on certain materials for associated Sub Accounts. Please see the following websites for more information: http://playstation.com/ and http://sonyentertainmentnetwork.com/.
3. COMMUNITY CODE OF CONDUCT
You must adhere to the following rules of conduct, and also follow a reasonable, common-sense code of conduct. Users are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, hacking, or other misuse of SEN. Rights of other users should be respected.
The actions that are prohibited include the following:
You may not engage in deceptive or misleading practices.
You may not abuse or harass others, including stalking behavior.
You may not take any action, or upload, post, stream, or otherwise transmit any content, language, images or sounds in any forum, communication, public profile, or other publicly viewable areas or in the creation of any Online ID that SNEI or its affiliates, in their sole discretion, find offensive, hateful, or vulgar. This includes any content or communication that SNEI or its affiliates deem racially, ethnically, religiously or sexually offensive, libelous, defaming, threatening, bullying or stalking.
You may not organize hate groups.
You may not upload, post, stream, or otherwise transmit any content that contains any viruses, worms, spyware, time bombs, or other computer programs that may damage, interfere with, or disrupt SEN.
You may not use, make, or distribute unauthorized software or hardware, including Non-Licensed Peripherals and cheat code software or devices that circumvent any security features or limitations included on any software or devices, in conjunction with SEN, or take or use any data from SEN to design, develop or update such unauthorized software or hardware.
You may not modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title, or content.
You may not cause disruption to or modify or damage any account, system, hardware, software, or network connected to or provided by SEN for any reason, including for the purpose of gaining an unfair advantage in a game.
You may not attempt to hack or reverse engineer any code or equipment in connection with SEN.
You may not provide anyone with your name or any other personally identifying information other than your Online ID, nor the name, password or personally identifying information of any other person or business through any means, including messaging, chat or any other form of network communication.
You may not take any action that SNEI or its affiliates consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming, or otherwise transmitting any unsolicited or unauthorized material, including junk mail, spam, excessive mail or chain letters.
You may not introduce content that is commercial in nature such as advertisements, solicitations, promotions and links to web sites.
You may not introduce content that could be harmful to SNEI or its affiliates or their licensors, or players, such as any code or virus that may damage, alter or change any property or interfere with the use of property or SEN.
You may not upload, post, stream, access, or otherwise transmit any content that you know or should have known to be infringing, or that violates, any third party rights, any law or regulation, or contractual or fiduciary obligations.
You may not impersonate any person, including an SNEI or third party employee.
You may not provide SNEI or any third party company with false or inaccurate information, including reporting false complaints to our or our affiliates' consumer services or providing false or inaccurate information during account registration.
You may not sell, buy, trade, or otherwise transfer your Online ID, SEN Account or any personal access to SEN through any means or method, including by use of web sites.
You may not conduct any activities that violate any local, state or federal laws, including copyright or trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud, stealing or using without purchasing, where payment is required, any content or service and distributing counterfeit software or SEN Accounts.
Unless otherwise required by law, SNEI is not responsible for monitoring or recording any activity on SEN, including communications, although SNEI reserves the right to do so and you hereby give SNEI your express consent to monitor and record your and your Sub Account's activities and communications. SNEI reserves the right to remove any content and communication from SEN First Party Services at SNEI's sole discretion without notice and to terminate any SEN Account through which violations of the Community Code of Conduct occur. SNEI may also take steps on behalf of its device platform partners to disable permanently or temporarily any device on which you receive SEN First Party Services and through use of which you violate the Community Code of Conduct. SNEI may use any data it collects, including the content of your communications, the time and location of your activities, your Online ID and IP address and any other collectable data, to enforce this Agreement or protect the interests of SNEI, its affiliates, SEN First Party Service users or SNEI's or its affiliates' licensors. Such information may be disclosed to appropriate authorities or agencies. Any other use is subject to the terms of SNEI's Privacy Policy. SNEI has no liability for any violation of this Agreement by you or by any other SEN First Party Service user.
We and third parties may provide functionality allowing you to recommend your favorite content or services to your friends via the SEN First Party Services. Only send recommendations to friends who you know want to receive them and whose age is appropriate for the content or services you are recommending. If you receive unwanted messages, ask the sender to stop. If they do not, you can add that person to your block list. See your system manual for more information.
4. ACCESS TO CONTENT
All content and services are provided to you by SNEI, including content created or published by third parties. Third parties may administer access to some content or services, including delivery, gameplay, community management or customer service. To enable third parties to provide such access to you, SNEI must provide them with your personal information. If you do not consent to allow us to share your personal information with third parties for the purpose of providing you with access to SEN First Party Services content, you will not be able to participate in any SEN First Party Services. In order to access certain content, you may be required to accept additional content-specific usage terms and conditions of SNEI or third party companies ("Usage Terms"). In the event of any conflict between this Agreement and the Usage Terms or any other terms and conditions in connection with SEN First Party Services or any disc-based product used with SEN First Party Services, this Agreement will control.
You may be able to set your PlayStation®3 computer entertainment system, PlayStation®Vita system or other Authorized Device to download or receive new content automatically from the SEN First Party Services without further notice to you when you sign into SEN First Party Services. Such content will be subject to the terms of this Agreement.
5. WALLET
All access to content may only be purchased from SNEI using funds from a wallet associated with your SEN Account. Your wallet will be used to purchase content, licenses or services offered through SEN. All transactions made by the Sub Account or the Master Account must be made through the Master Account's wallet. A Sub Account does not have a separate wallet. Master Accounts can set a maximum spending amount for each Sub Account, effective at the beginning of the following month. A Master Account holder can fund the wallet up to a maximum amount determined by SNEI ("Limit"), using either (i) a credit or debit card; (ii) a prepaid card or promotional code with a specified value where available; or (iii) other payment methods approved by SNEI and made available from time to time in each specific country. SNEI has no obligation to reverse or refund unauthorized charges made using any available payment method.
Except as otherwise permitted by applicable law or as expressly provided in this Agreement, funds added to the wallet are non-refundable and non-transferable. Wallet funds have no value outside SEN and can only be used to purchase access to content from SNEI through First Party Services and certain limited Third Party Services. Subject to applicable law, wallet funds that are deemed abandoned or unused by law will not be returned or restored.
6. PREPAID CARDS AND PRODUCT CODES
SNEI or its affiliates may provide prepaid cards that allow users to redeem content on SEN First Party Services or fund the wallet. The value of a prepaid card contributes to the Limit. If you acquire a prepaid card that has a value that, when added to the wallet's existing balance, exceeds the Limit, you will not be able to apply the value of the prepaid card to the wallet until sufficient funds have been spent from the wallet to allow the sum of the full value of the prepaid card and wallet to be equal to or less than the Limit. Except as permitted by SNEI, the Master Account wallet will only accept prepaid cards with currency value from the same country as the one designated for the Master Account.
SNEI, its affiliates or third parties may provide product codes which can be used to access content, including promotional content. Product codes may not be available in all countries or to all users, and age restrictions may apply. Some product codes must be used before a specified expiration date and in accordance with specified terms and conditions. Unless otherwise stated, product codes may be used once only by the recipient and may not be transferred or sold to any other person.
SNEI is not responsible or liable for any claims arising as a result of prepaid cards or product codes, including any problems or defects in connection with prepaid cards or product codes. Your use of the prepaid card is subject to this Agreement's terms. Additional terms and conditions may accompany the prepaid card or the product code.
7. TRANSACTIONS
All transactions made through your Master Account or an associated Sub Account are solely between you and SNEI. By completing a transaction through your Master Account or allowing a transaction to take place through an associated Sub Account, you are (i) agreeing to pay for all transactions made by the Master Account and its associated Sub Accounts, including recurring charges for subscriptions that are not cancelled; (ii) authorizing SNEI to deduct from the wallet and charge your credit card or other applicable payment instrument or payment mechanism all applicable fees due and payable for all transactions made by the Master Account and its associated Sub Accounts; and (iii) agreeing to any applicable Usage Terms and the terms and conditions associated with use of the particular content or service. To the extent permitted by applicable law, all transactions are final upon their completion. You may have the option to order a license for certain content from the SEN First Party Services in advance of the time the content is first released for license via the SEN First Party Services. To the extent permitted by applicable law, we reserve the right to deduct funds from your wallet for any such pre-order at the time of your request, but the content will not be available until the content is released for license via the SEN First Party Services. You may not cancel a pre-order at any time and refunds are not available for pre-orders, subject to applicable laws. Access to content is not transferable except as expressly allowed under applicable terms of service. Prior to completing a transaction, you are encouraged to review the description of the content or service you are licensing and the content itself, where available. SNEI reserves the right to deduct from the wallet any fee, penalty or other charge resulting from a Master Account holder's request to the Master Account holder's credit card company or other payment processor to reverse charges relating to a transaction. SNEI reserves the right to deduct from the wallet all bank fees related to transactions made by the Master Account and its associated Sub Accounts, including domestic and international transaction fees. SNEI reserves the right to terminate the Master Account and all Sub Accounts associated with the Master Account for failure to complete transaction payments. In lieu of termination of the Master Account, SNEI may elect to provide a mechanism by which a Master Account may fund the wallet to prevent the Master Account and its associated Sub Accounts from being terminated. Features, specifications, prices, services and content are subject to change or withdrawal at any time and SNEI does not provide any refunds in the event of a price drop, a subsequent promotional offering or product removal. Special product, prices and promotions are no longer valid once they are changed or removed. Prices listed do not include sales tax. Applicable sales tax will be calculated and added at the time you complete a transaction. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of the transaction. To the extent permitted by applicable law, all transactions are subject to the laws of the State of California, County of San Mateo.
You may be able to make transactions only with a designated Sony regional company which is determined by your country/area of residence. Your country/area of residence may be verified by your credit or debit card number and may be rejected if the information does not match. If you are a Master Account holder, you will receive an email summary for each transaction after it is made, if you have given us a valid, current, operational email address. Please print and retain these emails for your records. You can view your transaction history in the account management area.
Errors in listed prices, product descriptions, and associated terms and conditions may occur. If we discover an error in the price of items you have ordered, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be cancelled.
Upon SNEI's confirmation of your transaction, you may access the item you ordered through your SEN Account that you used to order the item, until such time as SNEI removes the item. We encourage you to download or access the item immediately after completing your transaction. You bear all risk of loss for accessing the content, including completing the download of any content, ensuring that you have the necessary capabilities to view the content, including content provided at high resolution/definition, and for any loss of content you have downloaded, including any loss due to a file corruption or hard drive crash. You are solely responsible if you do not choose to download or access the content before it is removed and for ongoing storage and safekeeping of the content. SNEI is not obligated to provide you with replacement copies for any reason.
If you do not have sufficient funds in your wallet to complete a transaction and you have previously entered your credit card information or another payment instrument or payment mechanism, we may automatically charge your credit card or the other applicable payment instrument or payment mechanism a minimum amount determined by SNEI ("Minimum Fee") to complete the transaction, even if the Minimum Fee exceeds the total amount of your order. Any difference between the Minimum Fee and the total amount of your order will be credited to your wallet. Additional procedures apply to subscription purchases. Please read Section 13 ("SUBSCRIPTIONS") of this Agreement for details. Payments for access to content or services are not refundable, unless otherwise required by applicable law.
8. LICENSE RESTRICTIONS AND CONDITIONS
Except as stated in this Agreement, all content and software provided through SEN First Party Services are licensed non-exclusively and revocably to you, your children and children for whom you are a legal guardian (collectively for purposes of this section, "You" or "Your"), solely for Your personal, private, non-transferable, non-commercial, limited use on a limited number of Authorized Devices in the country in which your account is registered. All intellectual property rights subsisting in SEN First Party Services, including all software, data, and content subsisting in or used in connection with SEN First Party Services, the Online ID and access to content and hardware used in connection with SEN First Party Services (collectively defined as "Property"), belong to SNEI and its licensors. This license and all use or access to Property is expressly conditioned on your compliance with this Agreement's terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws.
Your compliance with all of the following are express conditions of Your license to use or access the Property. You may not sell, rent, lease, loan, sublicense, modify, adapt, arrange, translate, reverse engineer, decompile, or disassemble any portion of the Property. Except as stated in this Agreement or as SNEI expressly permits by SNEI, you may not reproduce or transfer any portion of the Property. You may not create any derivative works, attempt to create the source code from the object code, or download or use any Property for any purpose other than as expressly permitted. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with SEN First Party Services, Authorized Devices, or any of the content or services offered through SEN First Party Services. You may use the Property only on Authorized Devices. You acknowledge that SEN First Party Services and content or services provided through SEN First Party Services may contain security or technical features that will prevent use of such content or services in violation of this Agreement. Property is not licensed to you for resale, public performance, display, distribution or broadcast. Except as this Agreement expressly grants, SNEI and its licensors reserve all rights, interests, and remedies in connection with SEN First Party Services and the Property. Upon termination of this Agreement, Your Account, or license to any Property, You will immediately cease use of the Property and delete or destroy copies of the Property.
Additional terms and conditions, including use restrictions or requirements, may apply to a particular item. Use or license terms may vary depending on the item. Please read carefully all specific terms of use for a particular item or service before ordering. The restrictions to which a particular item or service is subject are in the sole discretion of SNEI or its licensors and are subject to change at any time. Use of the terms "own," "ownership", "purchase," "sale," "sold," "sell," "rent" or "buy" on or in connection with SEN First Party Services shall not mean or imply any transfer of ownership of any content, data or software or any intellectual property rights therein from SNEI or its licensors to any user or third party. All other company, product, and service names and logos referenced on SEN First Party Services are the marks, trade names, trademarks/service marks, and registered trademarks/ service marks ("Marks") of their respective owners. You may not use or reproduce any Marks without the owner's express written consent. You may not remove any proprietary notices or labels from any content.
9. VIDEO CONTENT
You may use your SEN Account to order video content. Subject to this Agreement’s terms and any additional terms and conditions for the particular item, SNEI licenses digitalized content, including recordings or live streams of sport, music concerts and other entertainment events ("Live Events"), television shows and movies (which together comprise "Video Content") to account holders in select territories (currently the United States and Canada) for your personal, private, non-commercial viewing in your authorized territory, using a limited number of Authorized Devices during the authorized viewing period ("Authorized Term"). Video Content may be made available to you as a live or near-live stream ("Live Stream Content"), as a licensed copy for rental for a limited duration ("Licensed Rental Content"), a licensed copy for an indefinite duration ("Other Licensed Content") or as a licensed stream supported by advertising or promotional materials, which may be viewed for no upfront fee on an unlimited basis which may be for a limited duration ("Ad Supported Content"). Use of Video Content is subject to certain digital rights management rules and this Agreement’s terms. Except for rights explicitly granted to you, all rights in the Video Content are reserved by SNEI and its licensors.
Live Stream Content comprises live or near-live transmissions of Live Events and can be viewed at the time of, and simultaneously with the occurrence of the Live Events themselves. Live Stream Content may be available for an extended period ("Event Viewing Term") past the occurrence of the applicable Live Event. The Event Viewing Term and any applicable Usage Terms for Live Stream Content will be displayed to you prior to finalizing your purchase. You may select the Authorized Device on which you want to view your Live Stream Content, and you may be able to view it on only one Authorized Device at a time. You may access Live Stream Content at any point during the Live Event provided that you may be unable to view any part of the Live Stream Content which occurred prior to the start of your viewing. You acknowledge and agree that SNEI has no control over: (i) the start and finish time of a Live Event; (ii) the duration of a Live Event; or (iii) the content of a Live Event (including the quality or suitability of such content). The start times, duration and descriptions of Live Stream Content provided to you by SNEI are approximate only and may be subject to change.
You acknowledge and agree that certain streams and recordings of Live Events are hosted and delivered to you by SNEI's third party licensors, providers or partners ("Live Event Partners"). While SNEI endeavors to collaborate with reputable and professional Live Event Partners, SNEI cannot guarantee that such streams and recordings will comply with applicable laws, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay.
Your access to streams and recordings of Live Events may also be subject to, and you agree to comply with, the terms and conditions of Live Event Partners, which shall be made available by such Live Event Partner.
Ad Supported Content comprises Video Content which contains or is displayed with advertising, marketing or other promotional materials (together, the "Promotional Materials") and which may be accessed through Video Unlimited or through PSN by way of streaming only. Promotional Materials may be displayed in or around the Ad Supported Content by any means selected by SNEI or its Ad Supported Content Partners (defined below) from time to time in their sole discretion. By accessing a stream of Ad Supported Content you acknowledge and agree that such stream may include, comprise or be displayed with Promotional Materials which may delay or interrupt the playback of the Video Content. You agree that SNEI may prevent you from skipping or otherwise manipulating the display of Promotional Materials, and, if so, you agree not to attempt to access Ad Supported Content in any manner not prescribed by SNEI. SNEI does not endorse any third party advertisement or promotional material (including the Promotional Materials) associated with Ad Supported Content in any manner and gives no warranty or other assurance in relation to any products or services featured in such advertisements and promotional materials.
Ad Supported Content may be played back by way of online streaming (and may be accessible unlimited number of times) unless and until it is removed from Video Unlimited or PSN by SNEI. Ad Supported Content may be streamed for playback through your Video Unlimited Devices and PSN Devices provided that the Ad Supported Content may be limited such that it is accessible by only one Video Unlimited Device or PSN Device, at any one time.
You acknowledge and agree that certain Ad Supported Content may be hosted or delivered to you by or through SNEI’s third party licensors, providers or partners ("Ad Supported Content Partners"). While SNEI endeavors to collaborate with reputable and professional Ad Supported Content Partners, except to the extent required by applicable laws, SNEI cannot guarantee that such content (including all associated Promotional Materials, corresponding meta-data, artwork and other peripheral materials) will be complete and accurate, comply with applicable laws, correspond to its description, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay.
Your access to Ad Supported Content (and streams of such content) may also be subject to, and you agree to comply with, the terms and conditions of Ad Supported Content Partners, which shall be made available by such Ad Supported Content Partner.
In consideration for the display and delivery of associated Promotional Material, Ad Supported Content will be delivered to you for no upfront fee or other sum being charged and the value of your wallet will not be reduced as a result of your access to such content in accordance with this Agreement. SNEI reserves the right to withdraw Ad Supported Content from Video Unlimited at any time without notice to you. Licensed Rental Content will have a time period during which you can begin playback ("Rental Term"). The Rental Term and any applicable Usage Terms for each Licensed Rental Content item will be displayed to you prior to finalizing your rental payment. Once you begin playback of your Licensed Rental Content, that content is viewable for up to 24 hours or such other period notified to you prior to finalizing your rental payment ("Rental Viewing Period"). After the Rental Viewing Period or Rental Term ends, whichever occurs first, you will not be able to view the Licensed Rental Content unless you obtain an additional license for that content.
You may select the Authorized Device on which you want to view your Licensed Rental Content, but you may view it on only one Authorized Device at a time. For Video Unlimited, you may view the content from any one of your Video Unlimited Devices, except that if the Licensed Rental Content is in high definition format, it may be viewed on only one Authorized Streaming Device. For PSN, you may view Licensed Rental Content from any one of your PSN Devices, except that if the Licensed Rental Content is in high definition format, it may be viewed on one PlayStation®3 computer entertainment system that is an Authorized Device. Licensed Rental Content may not be transferred between an Authorized Download Device and an Authorized Streaming Device. Because the PlayStation®3 computer entertainment system is both an Authorized Download Device and an Authorized Streaming Device, you may initiate a stream of Licensed Rental Content on your PlayStation®3 computer entertainment system and subsequently download that Licensed Rental Content to the same PlayStation®3 computer entertainment system. If you downloaded Licensed Rental Content to your PlayStation®3 computer entertainment system, you may not subsequently stream that Licensed Rental Content on your PlayStation®3 computer entertainment system. The Rental Viewing Period begins when you begin to stream the Licensed Rental Content or begin playback of a downloaded version of that content, whichever you do first. Once playback has started on an Authorized Streaming Device, you may not view that content using any other Authorized Device without a separate license payment. If you start Licensed Rental Content playback on an Authorized Download Device, the account that ordered the Licensed Rental Content may, during the Authorized Term, transfer that content to a limited number of Authorized Download Devices, as described below.
Licensed Rental Content in standard definition format downloaded onto a PlayStation®3 computer entertainment system may be transferred to up to a total of three PSP® (PlayStation®Portable) or PlayStation®Vita systems. Licensed Rental Content in standard definition format downloaded onto a personal computer may be transferred to up to a total combination of three PSP® (PlayStation®Portable) systems, PlayStation®Vita systems and mobile telephones. Licensed Rental Content in standard definition format downloaded onto a PSP® (PlayStation®Portable) or PlayStation®Vita system may be transferred to up to one PlayStation®3 computer entertainment system and two personal computers. Licensed Rental Content in standard definition format downloaded onto a mobile telephone or tablet may be transferred to up to two personal computers. In each of the above cases, you may only transfer to one of the eligible Authorized Download Devices and following such transfer, the Licensed Rental Content will no longer be available on the sending Authorized Download Device.
You may view Other Licensed Content for an unlimited number of times on Authorized Download Devices only. The account that ordered the Other Licensed Content may copy that content to a limited number of Authorized Download Devices, as described below.
Other Licensed Content in standard definition format downloaded onto a PlayStation®3 computer entertainment system may be copied for use on up to three PSP® (PlayStation®Portable) or PlayStation®Vita systems. Other Licensed Content in standard definition format downloaded onto a personal computer may be copied for use on up to a combination of three PSP® (PlayStation®Portable) or PlayStation®Vita systems, tablets and mobile telephones. Other Licensed Content in standard definition format downloaded on to a PSP® (PlayStation®Portable) or PlayStation®Vita system may be copied for use on up to one PlayStation®3 computer entertainment system and two personal computers. Other Licensed Content in standard definition format downloaded on to a mobile telephone or tablet may be copied for use on up to two personal computers. Other Licensed Content in high definition format may be viewed on only one PlayStation®3 computer entertainment system.
You may have the option to order Video Content in high definition and standard definition format. You acknowledge that delivery of content is dependent on variables not under SNEI's control, including the speed and availability of your broadband or network connection. You may experience delays or technical difficulties caused by or related to such variables. If you have ordered Video Content and view it using an Authorized Streaming Device, you may not be able to view content in the format that you have ordered due to such variables. To the extent permitted by law, you will not receive a refund or credit for any content that you are not able to view or have difficulty viewing due to such variables. We strongly encourage you to order content suitable for your viewing capabilities. You bear all responsibility for ensuring that you have the viewing capabilities to view content in the appropriate format or at all.
Proper activation of an Authorized Device by the account that ordered the Video Content is required for all downloads, transfers, copies and viewings. Video Content is connected to the account used to order that content. An account can activate no more than the maximum number of Authorized Devices, regardless of the number of copies of Video Content ordered. Video Content may not be transferred from one account to another. You may not exceed the total number of accounts on any Authorized Device. Please refer to http://playstation.com/ and http://sonyentertainmentnetwork.com/ for more information on the total number of permitted SEN Accounts. SNEI reserves the right to limit the number of times an Authorized Device may be activated or deactivated.
Downloading or streaming is not permitted outside the Authorized Term. In addition, once Video Content has been downloaded or accessed, you will not be able to download it again without an additional license.
Some content such as movie trailers may not be representative of the actual feature presentation. Digitalized versions of some content may not be identical with the original formatted content or previously released versions of the same titled content.
Video output in certain formats may require additional equipment, sold separately.
10. PLAYSTATION®MOBILE CONTENT
Subject to this Agreement's terms and any additional terms for particular content, SNEI licenses content through PlayStation Mobile for your personal, private, non-commercial use in the United States on PlayStation-Certified devices. License payments for PlayStation Mobile content are made through the SEN Wallet. Additional software for licensing, using or managing PlayStation Mobile content may be required depending on the Authorized Device you use. Except for rights explicitly granted here, all rights in PlayStation Mobile content are reserved by SNEI and its licensors. Some PlayStation Mobile content may not be identical to the original formatted content or versions of other same-titled content.
11. MUSIC CONTENT
Music Unlimited is a subscription service. You may be given an opportunity to use Music Unlimited to receive music content ("Music Content") for your personal listening. Music Unlimited has certain features that are available without charge and other features that require you to pay fees in order for you to be able to use such features.
The compilation of Music Content available for listening and the features available on Music Unlimited may vary at any time. Certain features of and Music Content available through Music Unlimited are made available to you based upon where Music Unlimited determines you are physically located based upon your IP address. If you choose to use certain features of Music Unlimited, additional terms and limitations ("Additional Music Terms") may apply. Additional Music Terms or information about where to view Additional Music Terms are presented to you at either the time you choose to use those features or as part of the registration process necessary for you to use those features and you agree to be bound by Additional Music Terms.
Your ability to use Music Unlimited on Music Unlimited Devices may be dependent on you registering or providing certain information about Music Unlimited Devices or being connected online to the Internet and the playback or streaming of Music Content may be interrupted if you do not register, provide certain information about your Music Unlimited Devices or Music Unlimited Devices do not remain continuously connected online to the Internet. Some of Music Unlimited features require you to install and operate applications on some Music Unlimited Devices and failure to properly install and operate such applications will mean that you will not be able to use those features of Music Unlimited that rely upon such applications.
Music Content made accessible may only be played on one Music Unlimited Device at one time. Music Unlimited seeks to detect which Music Unlimited Device is receiving streamed Music Content and some of your Music Unlimited Devices may not receive streamed Music Content or may have a stream of Music Content terminated if Music Unlimited detects that you are playing streamed Music Content on another one of your Music Unlimited Devices.
You may elect to use features of Music Unlimited that will result in your historical use of Music Unlimited and music files on your Music Unlimited Devices being examined so that Music Unlimited can extract data about your use and other information about certain of your music files. This data is used to provide certain features of Music Unlimited to improve your experience using Music Unlimited and you consent to such music files and music history being examined.
No ownership rights in Music Content are transferred or assigned to you and all ownership rights in Music Content are retained by the owners of such rights. All rights granted to you regarding Music Content are granted to you personally and by license only. You are not given any rights to use any Music Content for any ringtones or in a manner that also requires a synchronization or public performance license with respect to the underlying musical composition of that Music Content. You are prohibited from reproducing, modifying, publicly broadcasting, repurposing or distributing any of the Music Content.
12. COMIC CONTENT
Subject to the terms of this Agreement and any additional terms and conditions for the particular content, SNEI licenses to SEN Account holders digital comic book content ("Comic Content") for your personal, private, non-commercial viewing in the United States on up to three activated PSP® (PlayStation®Portable) or PlayStation®Vita systems. Additional software for viewing Comic Content may be required. Except for rights explicitly granted here, all rights in Comic Content are reserved by SNEI and its licensors. Some Comic Content may not be identical with the original formatted content or versions of the same titled content not provided by SNEI.
13. SUBSCRIPTIONS
SNEI may offer you the opportunity to purchase, order or download subscriptions that provide access to particular products or services for a specified period of time. Subscriptions renew automatically unless you cancel the subscription. The cost of each subscription will automatically be deducted from your wallet at the beginning of each subscription term without further notice to you. Subscriptions may not be shared among any SEN accounts, including the Master Account with its associated Sub Accounts.
Some subscriptions may be single-product- or service-specific, while other subscriptions may be comprised of several content items, services or features, which may include special offers, discounted, free, paid-for, exclusive or early access content or automatic download of selected content. Individual content items and service within a composite subscription may also be offered for sale separately as a one-time order or single-product-specific subscription. Subscription charges may be increased at the end of each subscription term. As each product offering will have terms and conditions that vary, please review each product description, cost and subscription term carefully before order, payment or download. As with all orders, please print and retain a copy of your email order receipt for your reference.
SNEI may also offer a free trial period with some subscriptions. If you do not cancel your subscription before expiration of a trial period, your wallet will automatically be charged the cost of the subscription at the beginning of each subscription term without further notice to you. To avoid being charged, you must cancel your subscription prior to expiration. Please review all terms and conditions carefully before you accept any offer or promotion.
If you do not have sufficient funds in your wallet to cover the cost of your subscription at the time the subscription is renewed, the subscription will be cancelled unless the automatic funding feature on the Master Account is set to "ON." If the automatic funding feature on the Master Account is set to "ON," your credit card or other applicable payment instrument or mechanism may be charged automatically the greater of the subscription cost or the Minimum Fee. Every time you or one of your associated Sub Accounts purchases, orders or downloads a new subscription, the automatic funding feature in the Master Account is set automatically to "ON." The Master Account holder may change this setting to "OFF" at any time. However, the setting will return to "ON" upon subsequent purchase, order or download of any subscription, so setting your automatic funding feature to "OFF" may not effectively cancel your subscription. In order to stop receiving a subscription and avoid being charged, you must cancel your subscription in the Account Management area.
If you no longer wish to receive your subscription, you must cancel your subscription by using account management or contacting customer service at www.sonyentertainmentnetwork.com/support or the address located at the end of this Agreement. Cancellation will take effect at the beginning of the next subscription term. Except as otherwise stated in this Agreement, upon cancellation of your subscription or termination of the Master Account or Sub Account, you will not receive a refund or credit for any subscriptions for which you have paid. Further, you will not be able to access content or services provided in your subscription except as permitted by SNEI. Content that you downloaded onto a device and that was provided to you through a subscription at no additional cost beyond the subscription price may not be accessible. Game play information, including trophies earned during a trial offer, promotional period or subscription term may not be available.
14. MAINTENANCE AND UPGRADES
From time to time, it may become necessary to provide certain content to you to ensure that SEN First Party Services and content offered through SEN First Party Services, your PlayStation®3 computer entertainment system, the PSP® (PlayStation® Portable) system, PlayStation®Vita system or other authorized hardware is functioning properly. Some content may be provided automatically without notice when you sign in. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities. Such upgrades or updates may be provided for system software for your PlayStation®3 computer entertainment system, the PSP® (PlayStation® Portable) system, PlayStation®Vita system or other authorized hardware. Access or use to any system software is subject to terms and conditions of a separate end user license agreement. You authorize SNEI to provide such content and agree that SNEI shall not be liable for any damages, loss of data or loss of functionalities arising from provision of such content or maintenance services. It is recommended that you regularly back up any archivable data located on the hard disk.
15. USER MATERIAL AND INFORMATION
SNEI will collect and share with its affiliate, Sony Computer Entertainment America LLC ("SCEA"), information relating to your participation in SEN First Party Services, including your sign-in ID, friend's list, communications, purchase history and game play history (collectively, "Information") as well as your personally identifying information. You may have an opportunity to permit SNEI to share your Information relating to your participation in SEN First Party Services with third parties. If you choose to do so, use or distribution of your Information on any third party website or service may be subject solely to that third party's terms of service and privacy policy. Before electing to share your Information, please be aware of the kinds of Information you will be sharing and review the third party's terms of service and privacy policy. SNEI may also provide your Information to its subsidiaries or affiliates and vendors in order to provide you with the SEN First Party Services. You hereby authorize SNEI to use, distribute, copy, display, and publish your Information for any legitimate business purpose, including tournaments and ranking, without payment to you.
You will have the option to create, post, stream or transmit content such as pictures, photographs, game related materials, or other information through PSN to share with others ("User Material"), provided no rights of others are violated. To the extent permitted by law, you authorize and license SNEI a royalty free and perpetual right to use, distribute, copy, modify, display, and publish your User Material for any reason without any restrictions or payments to you or any third parties. You further agree that SNEI may sublicense its rights to any third party, including its affiliates and subsidiaries. You hereby waive, to the extent permitted by applicable law, all claims, including any moral or patrimonial rights, against SNEI, its affiliates and subsidiaries for SNEI or any third party's use of User Material. By creating, posting, streaming, or transmitting any User Material, you represent and warrant that you have the appropriate rights to use, create, post, distribute, and transmit User Material and to grant SNEI the foregoing license. You further agree to cooperate with SNEI in resolving any dispute that may arise from your Information or User Material. SNEI reserves the right to remove any Information or User Material at its sole discretion.
Some games played on or provided through PSN may have features that allow your information, including game play, Online ID, Friend's list, messages and related gaming information to be recorded by a user and distributed to any third party publicly, including users outside of PSN. You agree that any third party may record, use and distribute such information for any reason without any restrictions or compensation to you. Additional terms and conditions may apply, including SNEI's Privacy Policy, SCEA's Privacy Policy and the terms and conditions of any game publisher or service provider. Please review all terms carefully. If you do not want your information to be used, recorded or distributed, please do not play the game online through PSN.
Through your use of SEN First Party Services, you may be provided with information about SNEI's or a third party's products or services. This information includes, but is not limited to, promotions, advertisements, product placements or marketing materials within SEN First Party Services or a game, irrespective of whether the game is connected with or provided through PSN. You agree that SNEI and its partners and providers may collect information regarding your activities, access, or game play, and may use and distribute such information subject to the terms of SNEI's Privacy Policy or the policies of third parties where applicable. SNEI does not endorse any of the third party products or services advertised, promoted or marketed.
16. TERMINATION / CANCELLATION
If SNEI determines in its sole discretion that you or your associated Sub Accounts have violated any term of this Agreement, the Usage Terms, or any other terms and conditions connected with SEN First Party Services or have otherwise injured or damaged the SEN First Party Services community, SNEI may take all actions to protect its interests, including termination or suspension of your SEN Account (both the Master Account and any associated Sub Accounts), automatic removal or blockage of content, implementation of upgrades or devices intended to discontinue unauthorized use, permanent or temporary disablement of any system or device through which you receive SEN First Party Services or reliance on any other remedial efforts as necessary to remedy the violation. If the violation is in connection with content that you or your Sub Accounts have accessed, you must immediately cease use of such content and delete all copies from all of your devices. Upon termination of your account for any reason, you will not receive a refund for items (including subscriptions and pre-paid products or services), value accumulated on in-game items or any unused balance in your wallet except as required by law or as expressly provided in this Agreement. After your account is terminated, you will not be able to access SEN First Party Services. Any game ranking or scores, or information in connection with SEN First Party Services will not be retained or accessible by you or your associated Sub Accounts. In some situations, we may suspend or terminate your Master Account, but permit you to retain your associated Sub Accounts. If you do not terminate your Sub Accounts, you will be liable for all their acts. You may not alter any of the settings on your Master Account, including parental control settings placed on your Sub Accounts prior to the termination or suspension of your Master Account. Your Sub Accounts will be permitted to use the remaining funds in your wallet provided that the Sub Account has not exceeded the limit you placed on the Sub Account. Additionally, you will not receive further correspondence from SNEI about your Sub Accounts, including purchases made by your Sub Accounts. SNEI reserves the right to bring legal action and to participate in any government or private legal action or investigation relating to your conduct, which may require the disclosure of your information. Unless as otherwise stated in this Agreement, SNEI, at its sole discretion, may indefinitely suspend, or discontinue any and all online access to content at any time, including for maintenance service or upgrades, without prior notice or liability.
17. BINDING INDIVIDUAL ARBITRATION
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and any Sony Entity regarding any SEN First Party Services or the use of any devices sold by a Sony Entity to access SEN First Party Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 17 (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any Sony Entity or any of a Sony Entity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below. Other than those matters listed in the Exclusions from Arbitration clause, you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 17, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND THE SONY ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 17.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 17, YOU MUST NOTIFY SNEI IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR SEN FIRST PARTY SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY, YOU MUST SEND WRITTEN NOTICE TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: SONY LEGAL DEPARTMENT: DISPUTE RESOLUTION" TO GIVE SNEI OR THE SONY ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Sony Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the Sony Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section 17.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the Sony Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 17 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by the Sony Entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the Sony Entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Sony Entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the Sony Entity you have a Dispute with may initiate arbitration in either San Mateo County, California or the United States county in which you reside. In the event that you select the county of your United States residence, the Sony Entity you have a Dispute with may transfer the arbitration to San Mateo, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this Section 17 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 17, and the remainder of this Section 17 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 17 will be unenforceable, and the Dispute will be decided by a court and you and the Sony Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This Section 17 shall survive any termination of this Agreement or the provision of SEN First Party Services to you.
18. GOVERNING LAW AND JURISDICTION
YOU AND SNEI AGREE THAT THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTE BETWEEN YOU AND THE SONY ENTITIES. ANY DISPUTE 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 STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA.
19. GENERAL LEGAL
SNEI, at its sole discretion, may modify the terms of this Agreement at any time, including imposing a fee for creating SEN accounts. By accepting this Agreement or by accessing SEN First Party Services, you agree to be bound by all current terms of the Agreement. To access a printable, current copy of this Agreement, go to http://www.sonyentertainmentnetwork.com/ on your personal computer. If material changes to this Agreement are made, you will be notified by e-mail or other communication when you sign in to SEN First Party Services. If necessary, you will be given additional choices regarding such change(s). Your continued use of SEN First Party Services, including use of your associated Sub Account(s), will signify your acceptance of these changes. If you do not accept material changes to the Agreement, contact us to terminate this Agreement and your account(s).
This Agreement shall inure to the benefit of the parties, including any successors in interest of SNEI. SNEI has the right to assign any and all of its rights and obligations hereunder to any affiliate(s) or to any company in the Sony family group of companies. In addition to the benefits obtained by Sony Computer Entertainment America LLC under Section 17, Sony Computer Entertainment America LLC is a third party beneficiary of this Agreement.
If any provision of this Agreement is held illegal or otherwise unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect.
Except as otherwise required by applicable law, this Agreement shall be construed and interpreted in accordance with the laws of the State of California applying to contracts fully executed and performed within the State of California. Except as otherwise required by applicable law, both parties submit to personal jurisdiction in the state courts of San Mateo County, California and the federal courts of the Northern District of California. In the event of litigation to enforce any part of this Agreement, all costs and fees, including attorney's fees, shall be paid by the non-prevailing party to the extent permitted by applicable law.
20. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
No warranty is given about the quality, functionality, availability or performance of SEN First Party Services, or any content or service offered on or through SEN First Party Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. SNEI does not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this Agreement, SNEI expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SNEI assumes no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM SEN FIRST PARTY SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND SNEI'S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO SEN FIRST PARTY SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, SNEI EXCLUDES ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP® (PLAYSTATION®PORTABLE) SYSTEM, PLAYSTATION®VITA SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING SEN FIRST PARTY SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Internet Service Provider fees are the full responsibility of the user. Authorized Devices sold separately.
PLEASE CONTACT SONY COMPUTER ENTERTAINMENT AMERICA LLC CONSUMER SERVICES FOR FURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE http://us.playstation.com/support/ask/ OR BY PHONE AT 877-971-7669 OR AT THE FOLLOWING ADDRESS: SONY COMPUTER ENTERTAINMENT AMERICA LLC CONSUMER SERVICES DEPARTMENT, P.O. BOX 5888, SAN MATEO, CALIFORNIA, 94402-0888, UNITED STATES OF AMERICA. YOU MAY ALSO CONTACT US FOR FURTHER INFORMATION ON SEN VIA OUR WEBSITE http://www.sonyentertainmentnetwork.com/support OR BY PHONE TOLL FREE AT 855-999-7669 OR AT THE FOLLOWING ADDRESS SONY NETWORK ENTERTAINMENT INTERNATIONAL LLC CONSUMER SERVICE, 6080 CENTER DRIVE, SUITE 1000, LOS ANGELES, CALIFORNIA, 90045, UNITED STATES OF AMERICA.
IN ORDER TO CONTACT US BY PHONE FROM LATIN AMERICA, PLEASE USE THE FOLLOWING:
Argentina: 011-6770-7669
Brazil: 0800-880-7669 (from outside Brasilia) Brazil: 4003 7669 (inside Brasilia)
Chile: 800-261-800; (56)(2)7546333
Colombia: 01-800-550-7000
Mexico: 01800.759.7669
Peru: 0-801-1-7000; (51)(1)511-6100
Privacy Policy
Last Revised: March 19, 2013
Sony Network Entertainment International LLC ("SNEI") is committed to respecting the privacy rights of all visitors to our websites and users of our services and applications (collectively, the "Sony Entertainment Network" or "SEN"). The Sony Entertainment Network includes i. our websites including www.sonyentertainmentnetwork.com, ii. access to PlayStationNetwork ("PSN"), the Music Unlimited Service, the Video Unlimited Service, and their associated applications, stores and virtual communities (collectively, "SEN First Party Services"), and iii. certain third party services, including our direct or indirect parents, subsidiaries or affiliates, or other entities that we own or control (collectively, the "Sony Group of Companies"; each a "Sony Group Company") ("Third Party Services").
This privacy policy applies to your use of the Sony Entertainment Network and is intended to provide you with information on how we collect, use and store the information that you provide to us so that you can make appropriate choices regarding sharing information with us. From time to time, we may add new websites, services and applications, but will provide a link to this privacy policy or the applicable privacy policy. If you do not agree to this privacy policy, please do not use our websites or services and do not install or use our applications.
If you have any questions, complaints or comments regarding our online or offline privacy policies, please contact SNEI's Consumer Services Hotline at 855-999-SONY (7669). Additional contact information is provided below.
Links
SNEI may create links to the websites of i. one or more Sony Group Companies and ii. third parties, including our promotional partners and licensed software publishers. This privacy policy does not apply to other Sony Group Companies’ and third-party websites and services and treatment of any personal information you provide on these sites and services is subject to the applicable privacy policy, and not this one. Additionally, other websites not associated with SNEI may have links leading to one of our websites even if we have not authorized those links. We cannot control these links and are not responsible for any content appearing on websites that link to ours.
Sony Entertainment Network
In parts of North America and South America, SNEI operates the Sony Entertainment Network, a network of online games, movies, music, other media and content and communication services. Users can purchase goods and services from SNEI through SEN First Party Services and from third parties through Third Party Services and may have the opportunity to participate in various network community activities. By using the Sony Entertainment Network, you assent to the application of this privacy policy to your information that you provide. If you do not agree to this privacy policy, please do not use the Sony Entertainment Network.
Changes to Our Privacy Policy
We reserve the right to make changes to this privacy policy at any time. If we make a material change to this privacy policy, we will notify you by posting notice of the change on our websites or applications, as relevant. We will post the changes in the privacy policy and, if necessary, give you additional choices regarding changes. Please check this privacy policy from time to time to ensure that you are aware of these changes. Your continued use of our websites, applications, the Sony Entertainment Network, or any other SNEI online portals subject to this privacy policy will signify your acceptance of privacy policy changes.
Collection of Personal Information through our Websites, Services, and Applications
We do not require that website visitors reveal any personally identifying information in order to access our websites. However, visitors who do not wish to, or are not allowed by law to share personally identifying information, may not be able to access certain areas of our websites, sign up for a SEN account, use our services, install or use certain of our applications or features, or participate in certain activities. Although personally identifying information may be required to participate in certain promotions or features offered through our websites, to use our services, or to install or use our applications or certain features thereof, participants provide this information on a voluntary basis only. Collection of personal information required to access certain areas of our websites, use our services, or install or use certain applications may include the collection of date of birth, name, mailing address, email address and credit card information.
Personally identifying information is needed to establish a SEN account. In order to set up a SEN account and access our services or certain applications, you may be required to provide your date of birth, name, mailing address, and email address. You may choose to provide valid payment information, including your credit card information at the time of registration. If you do not provide your valid payment method information at the time of registration and wish to make a purchase, you will be required to provide your valid payment information at the time of purchase. We reserve the right to maintain and store payment information such as credit card information (other than CVV) provided by consumers for purposes of charging future purchases. Furthermore, we may make available to you certain third party functionalities to enable transaction payments and/or the loading of funds to your account’s electronic wallet. Such functionality may require the sharing of certain personally identifiable information directly with the third party providing the functionality.
In addition to the information collected above, when a consumer creates a SEN account, a mailbox for that account may be automatically created and the SEN account holder may be prompted to select an identifier called the Online ID, which other SEN users may view, and, depending on the consumer's activities, may be publicly available and viewable. The Online ID is also used to send text email messages to the SEN account mailbox.
In the United States and Canada, if a Master Account holder is giving consent to allow his or her child under the age of 13 to participate on SEN, we require that he or she provide valid credit card information to confirm parental consent. If a parent is setting up a Sub Account for his or her child who is under the age of majority applicable and for whom he or she is legally responsible, he or she must provide this information for the child and consent to our use of the child’s personally identifying information in accordance with this privacy policy. For more information on Sub Accounts and Master Accounts, please see the SEN Terms of Service and User Agreement.
For information on our collection policies for children under the age of 13, please see the "Policies for Children" section of this privacy policy.
Generally, we require a SEN account in connection with activities including the following:
Participation in online contests, sweepstakes or other promotions
Inclusion in email newsletter programs (an account holder must opt in to receive marketing materials)
All purchases of content or services via SEN, including adding funds to your electronic wallet
Additionally, we may collect personally identifying information in connection with the following, to the extent such features are available:
Questions or comments directed to Consumer Services through any medium
Subscription to a Third Party Services marketing program
"Send-to-a-Friend" or "Tell a Friend" emails or related communications
Location-Based Services
Some devices using SEN, such as the PlayStation®Vita system or a mobile device accessing SEN, can record its precise geographical location using different system features. These devices may collect this information and share it anonymously in a form that does not personally identify you, which we, our partners and licensees use to provide and improve location-based services as well as system support.
To provide specific location-based services, these devices may save location-based information and may transmit that information to SEN or third-party servers. Depending on the particular application or service that a SEN account holder has chosen to use, this location-based information may be combined with device information and SEN account information that either separately or combined consists of personally identifying information. That information may be shared with SEN and third parties in order to deliver certain application or service features. Applications that do not require the user to be logged into PSN may collect and combine location-based information with device and known user information and then share that information with third parties through the system’s wireless connections.
To learn more about and to limit others’ access to location data collected by the PlayStation Vita system, refer to the PlayStation Vita’s location and parental control settings and documentation.
For other devices, refer to the device manufacturer’s documentation or contact the manufacturer for more information. For applications that provide location-based services, refer to the documentation for those applications.
Collection of Demographic Information through www.sonyentertainmentnetwork.com
From time to time, we may collect general and demographic information through the Service through several means, including automatically through certain Service-related features, offering consumers the chance to answer questions, and other methods. General and demographic information includes gender, game and platform preferences, hobbies, favorite products and recently purchased products. This information is collected anonymously and is not linked to any personally identifying information through cookies or other methods without the user's approval. To learn more about what "cookies" are and how we may use them, please see the section titled "Cookies" below.
Passive Information Collection via Sony Entertainment Network
SNEI may collect information such as SEN account holders' system IP address, IP address-related information, system Media Access Control ("MAC") address, network configuration information, network device information, peripheral information, USB device information, plug-in and monitor information, information generated by applicable devices and information about how account holders use the Sony Entertainment Network and applicable device users use their devices, including download activity, browser activity, gaming activities, forum postings, game profile, rankings, features used and presence on Friends list or block list.
How We Use Your Information
We save and use non-personally identifying information without restriction.
We save and use personally identifying information that we may collect for a particular promotional purpose through one of our websites, services, applications, or other promotional opportunities only for that purpose, unless the participant chooses (by opting in or by not opting out, as applicable) to participate in one of the programs discussed below.
We save and use personally identifying information collected through our websites, services, applications, features thereof, and the Sony Entertainment Network for administration, including providing SEN account holders with online video, music and videogame services, videogame-, video-, music- and other content-related commerce and activity services, in-game advertising services and community services, internal analysis and research to improve our websites, applications, and other products and services, administering customer transactions, monitoring for fraudulent activities and transactions, preventing abuse of the Sony Entertainment Network and ensuring compliance with the applicable Terms of Service and User Agreement and this privacy policy.
SNEI may use personally identifying information for marketing and demographic studies. For example, SNEI may use a SEN account holder's Online ID to cross-reference passive information with non-personally identifying information in his or her profile, such as gender or age, in order to develop aggregated information about who uses PSN and how. We or the Sony Group of Companies may conduct these studies or may hire a third party to conduct them. These studies are for internal purposes only, to help us improve our websites, products and services to better meet our users' needs.
Consumers who opt-in or do not opt-out, as applicable, or otherwise voluntarily provide personally identifying information via one of our websites, applications, or services for purposes of receiving marketing materials will receive marketing materials that we believe are of interest to these consumers.
Email addresses collected during the use of the E-Cards or "Send-to-a-Friend" email features on our websites (if available) are not retained by us, and are only used to send a one-time email notification on a consumer's behalf.
SNEI's Consumer Services department maintains information obtained from consumers who contact or submit a complaint so that we may assist these customers with current or future service issues. SNEI's Consumer Services department may collect additional information such as credit card or other payment information or bank account information if a consumer contacts Consumer Services to request repair of, exchange of or service on an applicable Sony device. Consumer Services uses this information for payment and payment verification purposes. SNEI’s Consumer Services department may direct consumers to the consumer services departments of other companies with whom SNEI has arranged to provide consumer service.
SEN Account Holders
Eligible consumers may register for a SEN Services account through certain websites or through applicable Sony devices (for PSN, devices such as the PlayStation®3 system, the PSP® (PlayStation®Portable) system or the PlayStation®Vita system and for Video Unlimited and Music Unlimited, devices such as the Sony BRAVIA television, Sony Blu-ray player and Sony Netbox).
Such accounts are free and grant the account holder certain rights on our websites which may include access to restricted areas of our websites, use of our message boards, the opportunity to be a registered user or subscriber of our websites and more. If account holders consent (either by opting in or by not opting out, as applicable) to receive marketing materials, they may also receive discount and promotional offers, game news, special opportunities and other information about Sony products.
We may give SEN account holders the opportunity to provide information about themselves on registration materials, and may from time to time send out surveys or questionnaires for account holders to provide feedback and additional information.
By logging in as a SEN account holder on any website, device or SEN First Party Service, consumers consent to having information regarding their activities (which may include their gaming, viewing, listening and browsing preferences and behaviors) added to their SEN profile. This information allows us to provide those SEN account holders with information about Sony products and services that best suit their interests, and to customize and personalize their experience (e.g., by providing recommendations based on such preferences and behaviors).
SEN may provide several ways for account holders to share freely their thoughts and ideas. They may have the opportunity to use voice chat or video chat or send text email messages to another account holder. Certain games may also provide in-game chat or provide unique means to leave messages for other users. When using these communication tools, account holders must adhere to the applicable Terms of Service and User Agreements as well as any additional terms and conditions that SNEI provides. This privacy policy applies to any information we collect when account holders utilize such communication tools.
Prohibited Private Disclosures
We ask our users to respect the privacy of others and we prohibit SEN account holders from disclosing their own personally identifying information other than their own Online IDs. Disclosure of phone numbers, addresses, age or other personally identifying information that may violate someone else's privacy is prohibited. Encouraging or asking users to disclose publicly their personally identifying information is also prohibited. We reserve the right to delete any content that violates these rules or any posted term or condition and reserve the right to ban any user who violates these rules. For details on online communication for children in the United States and Canada under the age of 13, please see the section entitled "Policies for Children".
Consent to Processing
SNEI operates in parts of North and South America but many of our computer systems are based in the United States. When we process personal data and information and personally identifying information in the United States, we follow United States data protection and privacy regulations, which may not offer the same level of protection as in other parts of the world, such as the European Union. Please be aware that accepting this privacy policy means that you consent to the transfer of your data outside of your country of residence. If a consumer's country of residence is outside the territory where SNEI does business, that consumer will be directed to the SNEI company that services that country. For example, a consumer from Italy would be directed to our affiliated company in Europe and would not go through the registration process for United States consumers nor have data collected by SNEI.
Dynamically Served Advertising
Dynamic advertisement serving technology enables advertisements to be temporarily loaded or cached to a SEN account holder's system for display only in games or services that incorporate this technology. If a SEN account holder plays a game or uses a service that utilizes this feature, we will log information about his or her system and game play or service usage to ensure that advertisements are being appropriately served to him or her and to track information about the advertisements displayed during his or her gaming or service session. Logged data may include: Online ID, system IP address, system MAC address, advertisement location, the length of time an advertisement was visible, relative size of advertisements, the angle of view and other information related to each advertisement visible during the gaming or service session. We or Sony Group Companies may use information that we have collected about a SEN account holder through this process to provide him or her with future advertisements that we believe will be of particular interest. Logged data or some portion of it will be shared with third-party companies that operate the advertisement serving technology, and these companies may share aggregated data (meaning data that includes data about a SEN account holder's gaming session but is not specific to him or her) with advertisers and game publishers.
"What's New" Section
On select devices, such as PlayStation®3 systems, users may access a "What's New" section that provides topical information about SEN and third-party services as well as serves advertisements. SEN account holders who are logged into their accounts when they access "What's New" will have advertisements delivered to them based on certain information related to their account (i.e., Online ID, country, language preference and date of birth/age) and IP address. We share this information with certain Sony Group Companies and third parties who assist in delivering these advertisements and support the "What's New" service, except that Online IDs are not shared with third parties.
If a user does not have a SEN account or is not logged into that account when accessing "What's New," that user will be asked to provide a country of residence, preferred language and date of birth/age. This information will be stored locally on the device and, if the user is eligible to receive advertising, combined with IP address and shared with those Sony Group Companies and third parties who assist in delivering advertisements and supporting the "What's New" service. These users will have advertisements delivered to them in the "What's New" section based on the information they provide.
Message Boards
The Sony Entertainment Network, including our websites and applications, may include message board features, to which the terms and conditions in this section will apply. Our website message boards are a place where users can go to freely share their thoughts and ideas about the Sony brand. A SEN account is required to contribute to these message boards. Message board participants must adhere to applicable terms of use, as well as any additional posted terms and conditions. Message board moderators enforce these terms of use and other applicable rules. Any information collected in connection with a consumer's participation on our message boards will be covered by this privacy policy. We prohibit SEN account holders from disclosing their own personally identifying information other than their own Online IDs. We also ask our users to respect the privacy of others. Disclosure of phone numbers, addresses, age or other personally identifying information that may violate someone else's privacy is prohibited. Encouraging or asking users to disclose publicly their personally identifying information is also prohibited. We reserve the right to delete any content that violates these rules or any posted term or condition and reserve the right to ban any user who violates these rules. For details on online communication for children in the United States and Canada under the age of 13, please see the section entitled "Policies for Children".
Recording Functionality and Social Media Integration
The Sony Entertainment Network features games and other functionality that allow account holders to record and publicly distribute footage of their SEN activities, which could include the personal information of other account holders. If SEN account holders want to ensure that their activities and information are not shared by other users in this way, those account holders should not utilize services in which this type of functionality is available.
SEN account holders can choose to distribute information about their network activities, including their purchases, to our web sites, Sony Group of Companies' websites and third-party websites and services. If you choose to share your information with any third-party websites or services, be sure to review carefully the privacy policies that apply to the use of your information.
Information Sharing Policy
We share the personally identifying information of SEN account holders and our website users with:
1. Sony Computer Entertainment America LLC ("SCEA" or "PlayStation"), and Sony Electronics Inc. ("SEL") if you have created a SEN account in the United States on or after September 18, 2012 or used our websites in the United States on or after September 18, 2012. These entities are Sony Group Companies which provide products and services related to the Sony Entertainment Network. SCEA and SEL will each maintain and treat your personally identifying information that we share with them according to their own privacy policies, which you may review at http://us.playstation.com/support/privacypolicy/index.htm (for SCEA) and www.sony.com/selprivacy (for SEL). If you do not agree with all of SCEA's and SEL’s privacy policy terms, as applicable, you should not use our websites, services, or applications and you should not create a SEN account or opt to receive marketing materials.
2.The Sony Group of Companies and other third parties who assist us with fulfilling your requests, clearing and verifying transactions, delivering, administering and improving our websites, applications, products, content or services, managing and enhancing customer data, storing and maintaining our database records, providing customer service, detecting fraud or illegal activities, conducting customer research and surveys, developing new products and services and selling products and services to us for resale to you. In particular, if a SEN account holder accesses, purchases or downloads content services or products that are published, developed, supported or offered by a Sony Group Company or a third party, his or her personally identifying information may be shared with that entity or third party for purposes related to that content or those products or services, including game, video, music, software and software applications or community administration or development. SNEI may also share personally identifying information with law enforcement or similar organizations, in connection with a criminal investigation, investigation or prevention of fraud or criminal activities, infringement of intellectual property rights or other activity that is suspected to be illegal or may expose our users or SNEI to legal liability.
We may use personally identifying information and records for defense of a lawsuit, investigation or other action if such personally identifying information, records or profiles are relevant to the lawsuit, investigation or action.
We do not control SCEA's, other Sony Group Companies' or third parties' use of your information after we share it, but we use reasonable efforts to obtain SCEA's, other Sony Group Companies' and third parties' agreement to protect the confidentiality, security, and integrity of any personal information we share with them or that we permit them to collect directly.
If consumers do not want their personal information made available to others in these ways, they should not establish a SEN account.
In addition, we may share non-personally identifying information and behavioral data with SCEA, other Sony Group Companies and third parties for the purposes described above as well as other commercial purposes related to the Sony Entertainment Network.
Independent Information Collection
SEN account holders may be given the option to provide the same or additional personally identifying information directly to a third party pursuant to that third party's privacy policy. In these situations, please review carefully all terms of any third-party privacy policy. We are not responsible for how these companies use your personal information.
Marketing - Canada
SEN account holders in Canada have two options to receive marketing content. Those options are:
To receive marketing content from SNEI or PlayStation/SCEA about Sony Group of Companies’ products and services; and
To have their personal information shared with PlayStation’s/SCEA’s partners, including business partners, promotional partners, licensed software publishers, licensed peripheral makers and other licensees, and other Sony Group Companies so that these partners may send account holders marketing content that these account holders may find of interest.
An account holder selects these options by checking the applicable box or boxes presented at the time of account creation or within the "Notification Preferences" section of their SEN account.
Marketing – United States
SEN account holders in the United States have two options to receive marketing content. Those options are:
To receive marketing content from SNEI, PlayStation/SCEA and SEL about Sony Group of Companies’ products and services; and
To have their personal information shared with PlayStation’s/SCEA’s partners, including business partners, promotional partners, licensed software publishers, licensed peripheral makers and other licensees, and other Sony Group Companies so that these partners may send account holders marketing content that these account holders may find of interest.
For accounts created in the United States before July 26, 2012, marketing content will only be sent to those account holders who affirmatively choose to receive the applicable marketing content (meaning by checking the applicable box presented at the time of account creation or within the "Notification Preferences" section of their SEN account).
For accounts created in the United States on or after July 26, 2012, users, when creating a new account, may have one or both of the marketing options selected for them. If a box is checked, the corresponding marketing content will automatically be sent unless the account holder affirmatively deselects that marketing option. An account holder may deselect a marketing option in two ways. The first is by unchecking the box that corresponds with the marketing option before creating an account. The second is by unchecking the box that corresponds with the marketing option within the "Notification Preferences" section of their SEN account.
Marketing – All Countries Other Than Canada and the United States
In all countries for which this Privacy Policy is applicable, other than Canada and the United States, SEN account holders have two options to receive marketing content. Those options are:
To receive marketing content from SCEA; and
To have their personal information shared with PlayStation’s/SCEA’s partners, including business partners, promotional partners, licensed software publishers, licensed peripheral makers and other licensees, and other Sony Group Companies so that these partners may send account holders marketing content that these account holders may find of interest.
An account holder selects these options by checking the applicable box or boxes presented at the time of account creation or within the "Notification Preferences" section of their SEN account.
California Privacy Rights
Beginning on January 1, 2005, California Civil Code section 1798.83 permits SNEI customers who are California residents to request certain information regarding SNEI's disclosure within the immediately preceding calendar year of that California resident's personal information to third parties for their direct marketing purposes. To make such a request, contact our consumer services department through the following link: www.sonyentertainmentnetwork.com/support or via telephone at 855-999-SONY (7669). If you would like to change your current account preferences, go to the account management section of your SEN account.
Policies for Children
SNEI is committed to complying with all applicable laws and regulations regarding the collection, storage and use of personal information concerning children under the age of 13, including, in the United States, the Children's Online Privacy Protection Act and local legislation. We do not intend to collect or permit the collection, storage or use of any personal information from anyone under 13. We encourage parents to take an active role to protect their children's privacy and to prevent inappropriate uses of their children's information. Parents should instruct their children never to provide their real names, ages or any other identifying information on our websites or via the Sony Entertainment Network without first getting permission. If a child under the age of 13 attempts to create a SEN account and enters his or her correct date of birth, the registration process will direct that child to provide the email address of a parent who can create an account for that child.
In order for a child in the United States or Canada who is under the age of 13 to participate in connection with the Sony Entertainment Network, that child's parent or legal guardian must first create a Master Account for himself or herself. The parent or legal guardian must then use the Master Account to create a Sub Account for the child who is under 13. The creation of a Sub Account requires the parent or legal guardian to provide verifiable legal consent to our collection of the child's personal information and to the child's use of and participation in connection with the Sony Entertainment Network. The parent or guardian must also consent to having the child's personal information shared with SNEI's affiliates and third-parties, such as game publishers who provide online services on or through PSN for the purposes of game, system or service administration.
The parent or legal guardian must provide SNEI with valid credit card information and a valid email address. SNEI then sends to the parent's internet based email address a message with a link to a secure website. The parent completes the remainder of the account registration on the parent's personal computer, providing the child's name, address and email address. The parent also has options to control his or her child's access to content and ability to chat with other account holders.
If you are a parent or guardian who knows or has discovered your child under the age of 13 has submitted his or her personal information or other information without your consent, permission or authorization, once we verify you are the child's parent or legal guardian, upon request, we will promptly: (a) provide direct notice to you indicating what, if any, personal information of your child has been collected and how it has been used or disclosed; (b) remove and cease the use of your child's personal information or other information from our database and direct any other party with access to such information to do the same; and (c) by notice to you, confirm compliance with the foregoing.
Transfer of Your Information in the Event of Sale or Acquisition
In the event that SNEI sells or transfers any or all of its business or has any or all of its business acquired, SEN account holders' personally identifying information and other consumers' personally identifying information may be transferred to the purchasing or acquiring entity. Please be aware that accepting this privacy policy means that you also consent to the transfer of your personally identifying information outside your country of residence.
Cookies
Cookies are bits of electronic information that a website can transfer to a consumer's hard drive to keep records of his or her visit at the website. Cookies allow website operators to better tailor visits to the website to a consumer's individual preferences. The use of cookies is standard on the Internet and most major websites use them. We may use cookies to improve consumers' experiences when visiting our websites (and utilizing the Sony Entertainment Network). We may use cookies to track anonymously interest in and collect aggregate information on our websites. Similarly, we may keep records of the places SEN account holders have visited on the Sony Entertainment Network and to keep track of their purchases and activities on the Sony Entertainment Network.
Log Files
We may use log files to gather statistics about consumers' browsing habits and to assess overall website activity, including how many "hits" a particular web page is getting. These entries are generated anonymously, and enable us to track interest in specific promotions, troubleshoot technical concerns, and provide consumers with content that is most interesting to them. We may also use the log file entries for our internal marketing and demographic studies, so we can constantly improve the online services we provide to consumers. Log files are used internally only, and are not associated with any particular user, computer or browser.
Web Beacons
Our websites and e-mail messages may use a variety of technical methods for tracking purposes, including Web beacons (also known as pixel tags), which may be invisible to you. Web beacons and pixel tags are small pieces of data that may be embedded in images on the pages of websites and within e-mails. We may also use these technical methods to analyze the traffic patterns on our websites, such as the frequency with which consumers visit various parts of our websites and to analyze e-mail activity, such as to determine whether our consumers have opened our emails or clicked on links in our emails. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. The information from use of these technical methods may be collected in a form that is personally identifiable.
Accuracy & Security
We seek to maintain reasonable security measures in order to attempt to protect against the loss, misuse or alteration of the personally identifying information under our control. Unfortunately, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with our website, the Sony Entertainment Network or that we store on our systems or that is stored on our service providers' systems.
We strive to take reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from our website visitors. Personal information is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees. In addition, the Sony Entertainment Network uses industry-standard encryption to prevent unauthorized electronic access to sensitive financial information such as your credit card number. We also have security measures in place to protect the loss, misuse, and alteration of the information under our control. For example, before we allow SEN account holders to access their personal information, we verify their identity by requesting information such as their Sign-in ID and password. In the event of a security breach, we have procedures in place to protect our consumers' data.
SEN account holders should keep their Sign-in IDs and passwords secret to prevent unauthorized access and use of their accounts. If you are a SEN account holder and have set your "Auto Sign-in" setting to populate your password and Sign-in ID automatically, please make sure you change the setting to [Auto Sign-In Off] before you let anyone else use your account or give your device to anyone else, including returning the device to a retailer or to SNEI or its affiliates.
Retention Policy
We will retain personally identifying information about you for the period necessary to fulfill the purposes outlined in this policy, and as necessary under our information security and data backup procedures, unless a longer retention period is required by law or regulations or other legal requirements.
Contact Us
For further information on our privacy policy, or for questions on information that we may have collected from you, or should you wish to have your SEN account closed, please contact us by either of the following methods and we will be happy to review, update, or change your record status as appropriate:
By Phone at:
855-999-SONY (7669)
By Mail at:
SNEI, Consumer Services Department
6080 Center Drive, 10th Floor
Los Angeles, CA 90045
90045
Online:
www.sonyentertainmentnetwork.com/support
In Latin America:
Argentina: 011-6770-7669
Brazil: 0800-880-7669 (from outside Brasilia)
Brazil: 4003 7669 (from inside Brasilia)
Chile: 800-261-800; (56)(2)7546333
Colombia: 01-800-550-7000
Mexico: 01800.759.7669
Peru: 0-801-1-7000; (51)(1)511-6100
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