4
user account ("Account") for which you must provide
them
with
true,
accurate,
current,
and
complete
information about yourself and maintain/promptly update
such
information.
You
are
responsible
for
maintaining
the
confidentiality
of
any and all
of
your passwords associated
with any such Account.
SONY'S RIGHTS TO USER'S
MATERIAL
If
you send any communications
or
materials to Sony by
electronic mail
or
otherwise ("Materials"), including any
selections, comments, data, questions, suggestions,
or
the
like, all such Materials are, and will be treated as, non-
confidential and non-proprietary. Thus, you give up any
claim that use
of
such Materials violates any
of
your rights
including moral rights, privacy rights, proprietary
or
other
property rights, rights
of
publicity, rights to credit for
material or ideas,
or
any other right, including the right to
approve the way Sony uses such Materials. Any Material
may be adapted, broadcast, changed, copied, disclosed,
licensed, performed, posted, published, sold, transmitted,
0'
used by Sony anywhere
in
the world, in any medium,
forever and without attribution or compensation
to
you.
Furthermore, you hereby assign all right, title, and interest
in, and Sony is free to use, without any compensation to
you, any ideas, know-how, concepts, techniques, or other
intellectual property rights contained in the Materials,
whether or not patentable, for any purpose whatsoever,
including but not limited to developing, manufacturing,
having manufactured, licensing, marketing, and selling
products using such Materials. However, you agree and
understand that Sony
is
not obligated to use any such ideas,
know-how, concepts, or techniques or Materials, and you
have no right to compel such use.
TRANSMITTED MATERIAL
Internet transmissions are never completely private
or
secure. You understand that any message or information
you send to Sony may be read or intercepted by others,
unless there is a special notice that a particular message
(for example, credit card information) is encrypted (sentin
code). Sending a message to Sony does not cause Sony to
have any special responsibility to you.
DIGITAL RIGHTS MANAGEMENT
Content owners use Windows Media digital rights
management technology ("WMDRM") to protect their
intellectual property, including copyrights. This Sony
Product uses WMDRM software to access WMDRM-
protected Content.
If
the WMDRM software fails to
protect the Content, Content owners may ask Microsoft
Corporation ("Microsoft") to revoke the Service's ability
to use WMDRM to play or copy protected Content.
Revocation does not affect unprotected Content.
If
you
download licenses for protected Content, you agree that
Microsoft may include a revocation list with the licenses.
Content owners may require you to upgrade
WMDRM
to
access their Content.
If
you decline an upgrade, you will
not be able to access Content that requires the upgrade.
ADVERTISEMENTS, SERVICE
COMMUNICATIONS
Inclusion
of
the Service
of
a Third Party Providerdoes not
mean that Sony approves of, or endorses,
or
recommends
that Third Party Provider or its Content. You understand
and agree that the Services and/or Content may include
advertisements ("Advertisements"), and that these
Advertisements are necessary
in
order for the Services to
be provided. You also understand and agree that the use
of
the
BRA
VIA® Internet Video feature may include certain
communications from Sony
or
Third Party Providers such
as
service
announcements,
administrative
messages,
newsletters, and the like ("Service Communications"), and
that you will not be able to opt out
of
receiving such
Service Communications. SONY, ITS AFFILIATES,
AND ITS THIRD PARTY PROVIDERS DISCLAIM
ALL WARRANTIES, EXPRESS
OR
IMPLIED, AS TO
THE ACCURACY, LEGALITY, RELIABILITY, OR
VALIDITY
OF
ANY ADVERTISMENT, SERVICE
COMMUNICATIONS,
OR
CONTENT, AS WELL AS
ANY LIABILITY ARISING UNDER ANY THEORY
OF
LAW FOR THE ADVERTISEMENTS, SERVICE
COMMUNICATIONS, AND CONTENT.
OBJECTIONABLE CONTENT
AND RULES FOR MINORS
(UNDER AGE 16)
Certain Content may not be suitable for minors
0'
other
users. Such Content
mayor
may not be rated or identified
as having explicit language,
or
otherwise being for a
mature audience. Therefore, you acknowledge thatyou are
using the Services at your own risk and that Sony has no
liability to you for the Content, including any Content that
may be offensive. You are responsible for supervising the
use
of
the Sony Product, the Sony Software, Excluded
Software, the Services, and the Content by any minor.
If
you are under the age
of
16, you should ask your parent(s)
or
a guardian before you: (i) e-mail Sony via the Service;
(ii) send
in
any information; (iii) enterany contest
or
game
that requires information about you or offers a prize; (iv)
join any club
or
group; (v) post any information on any
bulletin board or enter any chatroom; or (vi) buy anything
online.
EXCLUSION OF WARRANTY
YOU UNDERSTAND, ACKNOWLEDGE, AND
AGREE
THAT
THE
CONTENT AND SERVICES ARE
PROVIDED BY THIRD PARTY PROVIDERS AND/OR
SOFTWARE
IS
PROVIDED
BY
THIRD PARTIES
OVER WHICH SONY HAS
NO
CONTROL. THE
SELECTION, PROVISION, QUALITY, PICTURESIZE,
AND AVAILABILITY
OF
SUCH CONTENT AND/OR
SOFTwARE
ARE
THE
SOLE
RESPONSIBILITY
OF
SUCH THIRD PARTY PROVIDER OR OTHER THIRD
PARTY. YOU
AGREE
TO
COMPLY WITH ANY AND
ALL TERMS AND CONDITIONS
THAT
THE
THIRD
PARTY PROVIDERS MAY
SET
FOR ITS SERVICE,
CONTENT AND/OR SOFTWARE. YOU FURTHER
UNDERSTAND, ACKNOWLEDGE, AND AGREE
THAT
ACCESS, BROWSING, AND USAGE
OF
THE
SERVICES REQUIRES INTERNET SERVICE
PROVIDED
BY
YOU, AND FOR WHICH YOU ARE
SOLELY RESPONSIBLE, INCLUDING BUT NOT
LIMITED TO
THE
PAYMENT
OF
ANY THIRD PARTY
FEES (SUCH AS INTERNET SERVICE PROVIDER
OR
AIRTIME CHARGES) FOR SUCH ACCESS AND FOR
DISPLAY OR DELIVERY
OF
ADVERTISEMENTS
INCLUDED WITH
THE
SERVICES. OPERATION
OF
THE BRAVIA® INTERNET VIDEO FEATURE AND
THE SERVICE MAY
BE
LIMITED
OR
RESTRICTED
DEPENDING ON
THE
CAPABILITIES, BANDWIDTH
OR
TECHNICAL LIMITATIONS
OF
YOUR
INTERNET SERVICE. SONY, ITS AFFILIATES, AND
ITS THIRD PARTY PROVIDERS SHALL HAVE NO
RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY,
OR
FAILURE
TO
STORE ANY
USER
COMMUNICATIONS OR
PERSONALIZED SETTINGS.
THE SONY SOFTWARE
AND
ACCOMPANYING
DOCUMENTATION, THE SERVICES, AND THE
CONTENT
ARE
FURNISHED
TO
YOU "AS IS" AND
WITHOUT WARRANTIES
OR
CONDITIONS,
STATUTORY OR OTHERWISE,
OF
ANY KIND.
SONY, ITS AFFILIATES, ITS THIRD PARTY
LICENSORS, AND ITS THIRD PARTY PROVIDERS
EXPRESSLY DISCLAIM ALL WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, INCLUDNG
BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF
NON-INFRINGEMENT, TITLE,
MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. SONY, ITS AFFILIATES,
ITS THIRD PARTY LICENSORS, AND ITS THIRD
PARTY PROVIDERS DO NOT WARRANT
THAT
THE
SONY SOFTWARE
OR
ACCOMPANYING
DOCUMENTATION, THE SERVICES,
OR
THE
CONTENT WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION
OF
THE SONY SOFTWARE,
THE SERVICES,
OR
THE
CONTENT
WILL
BE
UNINTERRUPTED
OR
ERROR FREE. .
FURTHERMORE, SONY, ITS AFFILIATES, ITS
THIRD PARTY LICENSORS, ANDITS THIRDPARTY
PROVIDERS DO NOT WARRANT
OR
MAKE ANY
REPRESENTATIONS OR CONDITIONS REGARDING
THE USE
OR
THE
RESULTS
OF
THE
USE
OF
THE
SONY SOFTWARE, THE SERVICES
OR
THE
CONTENT IN TERMS
OF
ITS CORRECTNESS,
ACCURACY, RELIABILITY
OR
OTHERWISE. NO
ORAL
OR
WRITTEN INFORMATION
OR
ADVICE
GIVEN BY SONY, ITS AFFILIATES,
OR
A SONY
AUTHORIZED REPRESENTATIVE
SHALL
CREATE
A WARRANTY
OR
CONDITION, OR IN ANY WAY
CHANGE THIS EXCLUSION
OF
WARRANTY AND
CONDITION. SHOULDTHESOFTWARE, MEDIA ON
WHICH THE SOFTWARE
IS
FURNISHED,
DOCUMENTATION, THE SERVICES,
OR
THE
CONTENT PROVE DEFECTIVE, YOU (AND NOT
SONY OR A SONY AUTHORIZED
REPRESENTATIVE) ASSUME THEENTIRE
COST
OF
ALL NECESSARY SERVICING, REPAIR,
OR
CORRECTION.
LIMITATION OF LIABILITY
IN
NO EVENT WILL SONY (INCLUDING
BUT
NOT
LIMITED
TO
ANY NEGLIGENCE ISSUES RELATED
TO
THIRD PARTY LICENSORS OR THIRD PARTY
PROVIDERS), ITS AFFILIATES, ITS THIRD PARTY
LICENSORS OR ITS THIRD PARTY PROVIDERS BE
LIABLE
TO
YOU FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY,
OR
CONSEQUENTIAL DAMAGES
OF
ANY KIND,
INCLUDING BUT NOT LIMITED TO
COMPENSATION, REIMBURSEMENT
OR
DAMAGES IN CONNECTION WITH, ARISING
OUT
OF
OR
RELATING TO THIS EULA, ON ACCOUNT
OF
THE LOSS
OF
USE
OF
THE SONY PRODUCT,
DOCUMENTATION, THE SERVICES,
THE
CONTENT,
DOWNTIME
AND YOURTIME, LOSS
OF
PRESENT
OR
PROSPECTIVE PROFITS, LOSS
OF
DATA, INFORMATION
OF
ANY KIND, BUSINESS
PROFITS, OR OTHER COMMERCIAL LOSS, OR FOR
ANY OTHER REASON WHATSOEVER, EVEN
IF
SONY, ITS AFFILIATES, ITS THIRD PARTY
LICENSORS,
OR
ITS THIRD PARTY PROVIDERS
HAVE BEEN ADVISED
OF
THE POSSIBILITY
OF
SUCH DAMAGES. THE SONY SOFTWARE AND
ACCOMPANYING DOCUMENTATION,
THE
SERVICES, AND THE CONTENT ARE FURNISHED
TO
YOU FOR USE AT YOUR OWN RISK. SONY, ITS
AFFILIATES, ITS THIRD PARTY LICENSORS, AND
ITS THIRD PARTY PROVIDERS WILL NOT
BE
LIABLE FOR DAMAGES FOR BREACH
OF
ANY
EXPRESS
OR
IMPLIED WARRANTY
OR
CONDITION, BREACH
OF
CONTRACT,
NEGLIGENCE, STRICT LIABILITY
OR
ANY OTHER
LEGAL THEORY RELATED TO THE SONY
SOFTWARE, THE SERVICES,
THE
CONTENT, OR
THIS EULA.
Somejurisdictions may not allow exclusions
or
limitations
of
incidental
or
consequential
damages,
exclusions
or
limitations
of
implied
warranties
or
conditions,
or
allow
limitations on how long an implied warranty lasts, so the
above limitations or exclusions may not apply to you.
LIMITED WARRANTY ON MEDIA
In situations where the Sony Software or any part thereof
is
furnished on media, Sony warrants that for a period
of
ninety (90) days from the date
of
its delivery to you, the
media
on
which the Sony Software is furnished to you will
be free from defects in materials and workmanship under
normal use. This limited warranty extends only to you as
the original licensee.
Sony's
entire liability and your
exclusive remedy will be replacement
of
the media not
meeting
Sony's
limited warranty. ANY IMPLIED
WARRANTIES OR CONDITIONS ON THE MEDIA,
INCLUDING THE IMPLIED WARRANTIES AND
CONDITIONS
OF
MERCHANTABILITY, TITLE,
NON-INFRINGEMENT, AND/OR FITNESS FOR A
PARTICULAR PURPOSE,
ARE
LIMITED IN
DURATION
TO
NINETY (90) DAYS FROM THE
DATE
OF
DELIVERY.
SOME
JURISDICTIONS
DO
NOT ALLOW LIMITATIONS
ON
HOW LONG AN
IMPLIED WARRANTY
OR
CONDITION LASTS, SO
THESE LIMITATIONS
MAY
NOT APPLY
TO
YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION.
FEES
Sony and its Third Party Providers reserve the right at any
time to charge fees for access to new Content or new
Services or to portions
of
the existing Content or Services,
or the Services as a whole. In addition, Third Party
Providers may charge fees for access to their Content. In
no event will you be charged for access to any portion
or
all
of
the Content and/or the Services unless Sony and/or a
Third Party Provider obtain your prior agreement to pay
such charges.
If
you
do
not consent to such charges,
however, you may not have access
to
paid Content
or
Services for which such charges apply.
INTELLECTUAL PROPERTY I
NOTICE FOR CLAIMS OF
INTELLECTUAL PROPERTY
VIOLATIONS AND AGENT FOR
NOTICE
Sony respects the intellectual property rights
of
others, and
we ask you to do the same.
It
is
Sony's
policy, at its
discretion as appropriate, (a) to terminate and/or disable
the Content
of
Third Party Providers or users
of
the
Services who may infringe
or
repeatedly infringe the
copyrights
or
other intellectual property rights
of
Sony, its
Third Party Providers or others; and/or (b) to forward
reports
of
intellectual property rights violations to Third
Party Providers and others for review and action per the
terms
of
such Third Party Provider's procedures for
protection
of
intellectual property rights. The Sony
Software and Content are protected by copyright laws and
international copyrighttreaties, as well as otherintellectual
property laws
and
treaties. There may be proprietary
logos, service marks, trademarks, likenesses, and trade
names found
in
the Sony Software, the Content, or on the
Services. By making the Sony Software and Content
available on the Services, Sony and the Third Party
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