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TERMS OF USE

Introduction

Effective Date: 21/December/2021.

These Terms of Use (these “Terms”) apply to the Sony Pictures Entertainment (a division of Sony Corporation) websites, online services, software, or apps (the "Services") that link to these Terms.  In these Terms, we use “SPE”, “we”, or “us” or “our” to refer to Sony Pictures Entertainment entities.  Together with Sony Pictures Entertainment Inc., the SPE entity responsible for a particular Service (collectively the data controller) can be located by clicking here. Sony Pictures Entertainment Inc.’s corporate offices are located at 10202 West Washington Boulevard, Culver City, California 90232 USA.   By accepting these Terms or visiting or otherwise using the applicable Service in any manner (as applicable), you agree to accept and be bound by these Terms and any applicable Additional Terms (as defined below) and confirm that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy and Cookies Policy and any Minor’s Privacy Policy posted on the applicable portion of the Service.  

 

When we refer to "you" or "your" in these Terms we mean:

  • if you are a consumer, the individual using the Service for a purpose that is wholly or mainly outside of their trade, business, craft, or profession; and
  • if you are not a consumer: (a) the business that you have the authority to bind; or (b) the individual using the Service for purposes that are not wholly or mainly outside of their trade, business, craft, or profession (in each case a "Business").

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service. These include various limitations and exclusions, and a jurisdiction clause that governs where disputes will be resolved. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall any Service downloads and applications.

Additional Terms

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will prevail, unless the Additional Terms expressly state otherwise.

Updates to these Terms and Additional Terms

We may change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained here. Your continued use of the Service after any such change constitutes your acceptance of the revised Terms and applicable Additional Terms. You may not change these Terms.

Quick Links

We have summarised some (but not all) of the main topics of these Terms below. However, these should not be used as a substitute for reading the full terms. The complete provisions, and not the headings or summaries below are the ones that apply.

  • Grants and Limitations of Rights
    • We only grant you a limited revocable licence to use the Service subject to rules and limitations. Learn More
    • You grant us a broad licence to the content you submit and to your profile. You retain ownership of and responsibility for your content. We have the right to manage our Service to keep its content appropriate. Learn More
    • Your use of our Service is subject to various restrictions designed to protect the Service and users.Learn More
  • Availability of Service
    • We may change or discontinue our Service, or your right to access it, in whole or in part. Learn More 
  1. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.

    1. Ownership. The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights in the Service and the Content (“Intellectual Property”), are owned or controlled by SPE, our Sony group companies and affiliates, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of SPE, our Sony group companies and affiliates, our licensors or certain other third parties, and is protected by all applicable copyright, trademark, patent and/or other intellectual property and unfair competition rights and laws, including those of your country of residence or international laws, to the fullest extent possible. SPE owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.  
    2. Your Rights to Use the Service and Content.
      1. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. To the maximum extent permitted by applicable law, we reserve the right to terminate your right to access and use the Service and the Content upon any breach of these Terms or any Additional Terms. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability to the maximum extent permitted by applicable law. As your right to access and use the Service and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “SPE Licensed Elements”):
        1. Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
        2. Stream any applicable Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service (any such widget or other digital streaming Internet video player referred to as a “Service Widget”);
        3. Cut and paste certain code expressly made available to you through the Service (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific content to which such code relates on your own personal, customised social networking Web page(s), Web blog(s), or microblog(s) (collectively, your “Personal Social Media” which definition expressly excludes any Business media or Business use), and/or, if the Service provides “widget grabbing and embedding” functionality, to “grab” a Service Widget and embed, re-publish, maintain, and/or display such Service Widget on your Personal Social Media;
        4. Cut and paste certain code expressly made available to you through the Service, and/or if the Service provides “widget grabbing and embedding” functionality, to “grab” a Service Widget, to forward, as applicable, such code and/or Service Widget to your friends, so that they can view the Service and Content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Service Widget on their own Personal Social Media or re-forward it to their own friends;
        5. If the Service includes a “Send to Friend” or similar tool that allows you to initiate and send to one of your friends an email communication that includes Content, and the tool is operational, use the tool to request that the Service's servers convey your message to your friend on your behalf;
        6. If the Service includes a “Download” link next to a piece of Content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such Content to a single Device;
        7. Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, SPE does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be SPE and/or its third party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of SPE; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
        8. If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with other Service users as part of Service-based chat rooms, message boards, social media networks, online multiplayer games and/or other activities or similar services offered on the Service;
        9. Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Intellectual Property, (b) the links and the content on your website do not suggest any affiliation with SPE (or our Sony group companies and affiliates) or cause any other confusion, and (c) the links and the content on your website do not portray SPE, or our Sony group companies and affiliates, or any of our respective products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to SPE. SPE reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party; and
        10. Use any other functionality expressly provided by SPE on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or use User-Generated Content (as defined below)) and any applicable Additional Terms.
    3. Rights of Others. In using the Service, you must respect the intellectual property and rights of others and SPE and our Sony group companies and affiliates. Your unauthorised use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the Service, see Section 5 below.
    4. Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY SPE AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorised use of any Content or the Service for any purpose is prohibited.

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  1. CONTENT YOU SUBMIT

    1. User-Generated Content.
      1. General. SPE may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions or marketing campaigns by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contests, or by mail) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personal data, or other information or materials and the ideas contained therein (collectively, but excluding SPE Licensed Elements included therein, “User-Generated Content” or “UGC”). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you are responsible for and retain whatever legal right, title, and interest that you have in your UGC, except to the extent licensed below. Please be aware that any content disclosed or made available in these situations may be processed by SPE for marketing purposes and/or to improve its services, products, and marketing. 
      2. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted Privacy and Cookies Policy. or any applicable Additional Terms, you agree that (A) to the maximum extent permitted by applicable law your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, SPE does not assume any obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; accordingly, you acknowledge and agree that your UGC is submitted at your own risk.

        In your communications with SPE, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, SPE retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. SPE’s receipt of your Unsolicited Ideas and Materials is not an admission by SPE of their novelty, priority, or originality, and it does not impair SPE’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

      3. License to SPE of Your UGC. Except as otherwise described in the Privacy and Cookies Policy and any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, to the maximum extent permitted by law, you hereby grant SPE and its Sony group companies and affiliates, the non-exclusive, transferable, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, sub-licensable, and royalty-free right and licence to use, copy, record, distribute, reproduce, disclose, sell, re-sell, rent, lend, sub-license (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, adapt, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same (it being agreed that such rights shall last for 99 years in territories where a perpetual licence may not be granted). Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that, to the maximum extent permitted by applicable law, in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to SPE to your UGC, subject to the Privacy and Cookies Policy and to the maximum extent permitted by applicable law you also hereby grant to SPE (and our Sony group companies and affiliates), and agree to grant to SPE (and our Sony group companies and affiliates), the unconditional, perpetual, transferable, irrevocable right to use and exploit your name, persona, and likeness  in connection with any UGC, without any obligation or remuneration to you (it being agreed that such rights shall last for 99 years in territories where a perpetual licence may not be granted). To the maximum extent permitted by law, you hereby waive, and you agree to waive, any moral rights or similar or equivalent rights (including without limitation any applicable rights to be identified as author, rights to object to derogatory treatment, rights not to be falsely attributed, rights to decide when the UGC should be made accessible to the public, or rights to oppose any adaptation or alteration of the UGC) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.A(iii).
      4. SPE’s Exclusive Right to Manage Our Service. Except as otherwise described in the Privacy and Cookies Policy) or as required by applicable law, SPE may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and SPE may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC in an appropriate manner to the maximum extent permitted by applicable law. Without limitation, we may do so to address content that comes to our attention that is, or we believe to be, offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere except as otherwise described in the Privacy and Cookies Policy.  SPE has no obligation to monitor or enforce your intellectual property rights to your UGC.
      5. Warranties and Indemnity Related to Your UGC. Each time you submit any UGC, you warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant SPE (and our Sony group companies and affiliates) the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any SPE obligation to obtain consent of any third party and without creating any obligation or liability of SPE; (b) the UGC is accurate; (c) the UGC does not and, as to SPE’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person. You agree to defend, indemnify, and hold SPE and our Sony group companies and affiliates and each of ours and their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any of your UGC.
    2. Appropriate content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. Please note that UGC has not been verified or approved by us, and the views expressed by other users on our Service do not necessarily represent our views or values. We may include venue and content rules as Additional Terms. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it here.

 

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  1. RESTRICTIONS ON THE USE OF THE SERVICE AND CONTENT

    1. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products) unless you are a Business and have obtained our prior written consent; (ii) use any meta tags or any other “hidden text” utilising any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to SPE; (iv) to the maximum extent not prohibited by applicable law, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, SPE (or our group companies or affiliates), or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personal data about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorised access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
    2. Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilise framing techniques to enclose any such Content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (iv) will not use such Content in a manner that suggests an unauthorised association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such Content (other than to the extent of your specifically permitted use of the SPE Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of SPE or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
    3. Availability of Service and Content. To the maximum extent permitted by applicable law SPE, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason. If you are a resident of Australia, additional provisions apply, please click here.  If you are resident in New Zealand, additional provisions apply. Please click here 

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  1. CREATING AN ACCOUNT

    1. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account unless you are able to prove that such use is fraudulent. Passwords must be personal, and you must have a unique username (or email address) that does not violate the rights of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorised use of your account, password, or username, or any other breach of security. You will not sell, transfer, or assign your account or any account rights. We have the right to disable any accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
    2. Accounts may only be set up by an authorised representative of the individual that is the subject of the account. We do not review accounts for authenticity, and are not responsible for any unauthorised accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

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  1. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

    1. If you are a copyright owner who would like to send us a notice to identify content or material posted on the Service that is infringing that you would like removed from our Service, you may submit such notice to us by following the instructions here

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  1. NOTICES, QUESTIONS AND CUSTOMER SERVICE

    1. You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us.
    2. All legal notices to us must be sent in writing to the relevant Sony Pictures entity listed here.
    3. If you have a question regarding the Service, you may contact SPE Customer Support by clicking here and completing the form. You acknowledge that customer service personnel cannot change or waive Terms or applicable Additional Terms.
    4. If you are resident in Hungary, additional provisions apply. Please click here.

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  1. THIRD-PARTY SERVICES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES

    1. Third-Party Content and Sites; Advertisements. The Service may contain third party plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by SPE (or our group companies or affiliates), including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with SPE (collectively, “Third-Party Services”). We may also host our content, apps, and tools on Third-Party Services. SPE has no control over the content, operations, policies, terms, or other elements of Third-Party Services, and does not assume any obligation to review them. SPE does not necessarily review, endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, SPE is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services.

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPE AND OUR SONY GROUP COMPANIES AND AFFILIATES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY, DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, INJURY (INCLUDING PERSONAL INJURY OR DEATH), CLAIM, LIABILITY OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

      If you are resident in Canada, additional provisions apply. Please click here.

      Any activities you engage in in connection with Third-Party Services are subject to that Third-Party Services’ separate terms including the privacy policy and terms of use which you should read before engaging in such activities.

      1. Apple and Other Platforms and Devices. If you are accessing or using the Service through Apple, Android, Google, Microsoft Windows or other third-party platforms or services, those Third-Party Services’ own terms and policies apply to such access and usage.
      2. Dealings with Third Parties. Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). SPE AND OUR SONY GROUP COMPANIES AND AFFILIATES DISCLAIM ALL LIABILITY IN CONNECTION THEREWITH.

 

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  1. GOVERNING LAW AND JURISDICTION

    1. If you are a Consumer. If you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession, then the following sub-clauses shall apply:
      1. THESE TERMS ARE GOVERNED BY THE LAWS OF YOUR RESIDENCY. This means that with respect to your access to and use of the Service, and for any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), you can bring legal proceedings in respect of these Terms in the courts of your country of residence under the applicable law.
      2. You can bring proceedings in respect of these Terms in the courts for your country of residence.
      3. You will benefit from any mandatory provisions of the law of the country in which you are resident.  Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
    2. If you are a Business. If you are acting for purposes relating to your trade, business, craft or profession, then the following sub-clauses shall apply:
      1. THESE TERMS ARE GOVERNED BY THE LAWS OF YOUR RESIDENCY.  This means that your access to and use of the Service, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by the applicable laws of your country of residence. 
      2. The courts in the country of your residency will have exclusive jurisdiction over any disputes between us (both contractual and non-contractual). However, this shall not prevent us from applying to any court of competent jurisdiction for provisional or interim measures, including, but not limited to, any claim for urgent or preliminary injunctive relief.

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  1. LIMITATIONS OF OUR LIABILITY

    1. Nothing in these Terms excludes or limits our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
    2. The content on our Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Service. Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up to date.

      If you are a Consumer:

    3. nothing in these Terms affects your statutory rights. Advice about your statutory rights (including but not limited to warranties and product warranties) is available from your local Citizens' Advice Bureau, Trading Standards Office or equivalent local consumer protection authorities; and
    4. we only supply the Service for domestic and private use. You agree not to use the Service or any Content for any commercial or business purposes and, to the maximum extent permitted by applicable law, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

      If you are resident in France, alternative provisions apply. Please click here.

      If you are resident in Australia, additional provisions apply. Please click here.

    5. If you are a Business, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), gross negligence, breach of statutory duty, or otherwise, arising under or in connection with these Terms for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; or (e) loss of goodwill; or (f) any indirect or consequential loss whatsoever, in each case to the maximum extent permitted by law.

      If you are resident in Australia, additional provisions apply.  Please click here.

    6. Subject to paragraphs 9A and 9C, our maximum aggregate liability under and/or in connection with these Terms and/or the Service (whether in contract, tort (including negligence) or otherwise), in respect of all our acts, omissions (including negligence), breach of statutory duty or breach of warranty, including those of our officers, employees, agents, contractors, sub-contractors, group companies or affiliates, shall not, to the maximum extent permitted by law, exceed £100 (for UK-based users) or CAD$100 (for Canadian-based users) or €110 (for EU-based users) or A$100 (for Australian-based users) or NZ$100 (for New Zealand-based users) or the equivalent in any other currency. If you are a consumer resident in Germany, alternative provisions apply to this Section F please click here. If you are resident in Australia, additional provisions apply, please click here
    7. THE SERVICES AND THE CONTENT HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. SPE AND OUR SONY GROUP COMPANIES AND AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS, EITHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, COMMON LAW, USAGE OR TRADE, CUSTOM OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE SERVICES OR THE CONTENT. SPE AND OUR SONY GROUP COMPANIES AND AFFILIATES DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, COMMON LAW, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY VISITING OR USING OR ATTEMPTING TO VISIT OR USE THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT SPE AND OUR SONY GROUP COMPANIES AND AFFILIATES MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS REGARDING THE CONTENT INCLUDING BUT NOT LIMITED TO CURRENCY, ACCURACY OR COMPLETENESS; AND (II) AS A SERVICE TO USERS OF THE SERVICES SPE AND OUR SONY GROUP COMPANIES AND AFFILIATES INCLUDE LINKS TO THIRD PARTY WEBSITES OVER WHICH WE HAVE NO CONTROL. SPE AND OUR SONY GROUP COMPANIES AND AFFILIATES PROVIDE NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH THIRD PARTY WEBSITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST SPE AND OUR SONY GROUP COMPANIES AND AFFILIATES WITH RESPECT TO SUCH THIRD PARTY WEBSITES.
    8. H. EXCEPT AS SPECIFICALLY STATED ON OR WITHIN THE SERVICES, NONE OF SPE AND OUR SONY GROUP COMPANIES AND AFFILIATES OR ANY OF OUR RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

 

  1. DISPUTES AND DISPUTE RESOLUTION

    1. Any controversy or claim arising out of or relating to these Terms, their enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §1280 et seq.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS.  The arbitration shall be a confidential proceeding, closed to the general public.  The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.  The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court).  Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time to the extent same is not precluded by another provision of these Terms.
    2. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT, USE OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY SPE PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY SPE PARTY.Without limiting the generality of the foregoing, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition, or other exploitation of any motion picture, production or project related to SPE, its parents, subsidiaries, and affiliates, or the use, publication or dissemination of any advertising in connection with such motion picture, production, or project. You may opt out, however, of arbitrating claims for public injunctive relief. If you do so, neither you nor SPE can require the other to participate in an arbitration of any claim of public injunctive relief, and you retain your right to bring such actions in a court that has jurisdiction. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, your email address, and a clear statement that you want to opt out of arbitration of public injunctive relief. Any requests to opt out must be sent to: Sony Pictures Entertainment Inc. 10202 West Washington Boulevard, Culver City, California 90232, U.S.A. (Attn: EVP Global Litigation -- Claims). If a court or arbitrator decides that any of this section's limitations cannot be enforced as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court subject to Section 10(A).
    3. Governing Law. These Terms and any applicable Additional Terms, disputes, and any other claim brought by you against SPE or by SPE against you pursuant to this Section 10, or otherwise related to the Service, content, SPE Licensed Elements, UGC or other SPE products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of California, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. The arbitration shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., not by the law of any state, and is otherwise enforceable pursuant to its terms on a self-executing basis. You and SPE agree that we intend that this Section 10 satisfies the "writing" requirement of the Federal Arbitration Act. This Section 10 can only be amended by mutual agreement. Either party may seek enforcement of this Section 10 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
    4. Class Action Waiver. Both you and SPE waive the right to bring any dispute, including but not limited to actions under the California Consumer Privacy Act, Telephone Consumer Protection Act, the Video Privacy Protection Act, Children’s Online Privacy Protection Act as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 10 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding subject to Section 10, and not in arbitration.
    5. Limited Time To File Claims.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS THE LAWS OF YOUR JURISDICTION PROVIDE A LONGER APPLICABLE TIME PERIOD, IF YOU OR WE WANT TO ASSERT A GENERAL DISPUTE (BUT NOT AN IP DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

If you are resident in Canada, additional provisions apply.  Please click here

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  1. UPDATES TO TERMS  

    Please make sure you review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission).  WE MAY MODIFY THESE TERMS INCLUDING, BY WAY OF EXAMPLE ONLY, DUE TO A CHANGE OF APPLICABLE LAW OR CASE LAW, OR MARKET CONDITIONS OR TO ENSURE BETTER FUNCTIONALITY OF THE SERVICE. WE WILL NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE OR VIA E-MAIL (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND YOUR USE OF THE SERVICE AFTER SUCH NOTICE WILL CONSTITUTE YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a court or tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service.  If you are resident in Germany, alternative provisions apply. Please click here. If you are resident in New Zealand, additional provisions apply. Please click here.

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  1. GENERAL PROVISIONS

    1. SPE’s Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants SPE a right of consent or approval, or permits SPE to exercise a right in its “sole discretion,” SPE may exercise that right in its sole and absolute discretion to the fullest extent permitted by applicable law. No SPE consent or approval may be deemed to have been granted by SPE without being in writing and signed by an officer of SPE.
    2. Indemnity. You agree to, and you hereby, defend (if requested by SPE), indemnify, and hold SPE and their direct and indirect parents, subsidiaries, affiliates, including our Sony group companies and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively “SPE Parties” and individually “SPE Party”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including legal fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any SPE Party, or on account of the investigation, defence, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) the use of your UGC by us or our assignees or licensees in accordance with these Terms or any applicable Additional Terms, or any of your UGC that does not comply with these Terms in any way;  (ii) your use of the Service and your activities in connection with the Service in breach or alleged breach of these Terms or any applicable Additional Terms; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi- governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) SPE Parties’ use of the information that you submit to us (including your UGC) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by SPE Parties in the defence of any Claim and Losses. Notwithstanding the foregoing, SPE Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. SPE Parties reserve the right to assume the exclusive defence and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a SPE Party.
    3. Operation of Service; Availability of Products and Services; International Issues. SPE makes no representation that the Service is appropriate or available for use beyond the territory for which these Terms and any Additional Terms are published. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
    4. Viruses.  We do not warrant that our Service will be secure or free from bugs or viruses. You are responsible for configuring your Devices, information technology, computer programs and platform to access our Service. You should use your own virus protection software. You must not misuse our Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them if required under applicable law. In the event of such a breach, your right to use our Service will cease immediately. 
    5. Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the Services to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
    6. Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
    7. Investigations; Termination; Survival. To the extent permitted by applicable law SPE reserves the right, without any limitation, to: (i) investigate any suspected breaches of the Service’s security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) investigate any information obtained by SPE in accordance with its Privacy and Cookies Policy in connection with complying with criminal laws, (iv) involve and cooperate with law enforcement and similar authorities in investigating any of the foregoing matters, (v) prosecute any breaches of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to SPE under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from SPE, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive. If you are a resident of Australia, additional provisions apply, please click here. If you are a resident in New Zealand, additional provisions apply.  Please click here
    8. Assignment. SPE may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice but such assignment will not affect your rights or obligations under these Terms. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of SPE.
    9. Complete Agreement. These Terms, and any applicable Additional Terms, reflect the complete agreement between you and us, regarding your use of the Service and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Service.
    10. No Waiver. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or SPE in exercising any rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
    11. Online Dispute Resolution. If you live within the European Union or the United Kingdom and wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only.  We are neither obliged nor willing to participate in online dispute resolution

 

Rider for Australia

Section 3C:

In the event that we exercise a right to unilaterally modify these Terms, our Privacy Policies or any applicable Additional Terms, or change the availability or functionality of the Service and/or Content, you can reject any new, revised or additional terms, or changes to the availability or functionality of the Service and/or Content, by discontinuing use of the Service.

Section 12G(vi):

You can discontinue your use of the Service, or terminate your account, at any time.  In the event any termination or suspension by us is determined by a court or tribunal to be unfair, the prior agreement shall continue until sufficient notice to terminate the agreement occurs.  

Section 9C, 9D and 9F

Nothing in these Terms is intended to exclude, restrict or modify any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void, including without limitation the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (non-excludable condition).

To the maximum extent permitted by law, our liability for a breach of a non-excludable condition is limited, at our option, to the cost of supplying the Services again or payment of the reasonable cost of having the Services supplied again.

 

Rider for Canada

Section 7A

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR OF LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Section 9

Limitation on Injunctive Relief.  As permitted by applicable law if you claim that you have incurred any loss, damages, or injuries in connection with your use of the Service, then the losses, damages, damages, and injuries will not be deemed irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind.  This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, UGC, product, service, or intellectual property owned, licensed, used, or controlled by any SPE Party (including your licensed UGC) or a licensor or any SPE party.

 

Section 10

As related to consumers, Section 10 herein shall be the operative procedure for addressing disputes related to these terms and any additional terms; however, the consumer maintains the right to enforce these terms and any additional terms in the courts located in the province of Ontario in accordance with the applicable laws therein and the applicable laws of Canada without regard to any choice of law or conflict of laws principles, regardless of where you live, unless the laws of your jurisdiction require that the laws in your jurisdiction shall govern, in which case said jurisdiction laws and the laws of Canada shall govern. . All actions or proceedings arising in connection with, touching upon or relating to these terms, or the Services, or the breach of these terms shall be submitted to the competent jurisdictions. By visiting or using the Services, you represent and warrant that your access or use complies with the applicable law in your jurisdiction of residence.

If you are a Business, any controversy or claim arising out of or relating to these Terms, their enforcement, arbitrability or interpretation shall be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. The Seat of Arbitration will be Toronto, Ontario. The language of the arbitration will be English. Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time to the extent same is not precluded by another provision of these Terms.

 

Rider for France

Section 9D

If you are resident in France, the following provision applies in place of Section 9D:

we only supply the Service for domestic and private use. You agree not to use the Service or any Content for any commercial or business purposes and, to the maximum extent permitted by applicable law, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity THAT IS EITHER: (a) not foreseeable, beyond our control, and whicH we could not avoid by taking approprIate actions; OR (B) is caused by your breach of these Terms.

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Rider for Germany

Section 9

If you are resident in Germany, the following provision applies in Section 9 to consumers:

  1. For consumers habitually residing in Germany only, our statutory liability for damages shall be limited as follows:
    1. we shall be liable only up to the amount of damages as typically foreseeable at the time of entering into an agreement with you in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual duty the fulfilment of which is essential for the proper execution of the agreement, the breach of which endangers the purpose of the agreement and on the fulfilment of which you regularly rely);
    2. we shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.

The aforesaid limitation of liability shall not apply to any mandatory statutory liability (in particular to liability under the German Product Liability Act), liability for assuming a specific guarantee or liability for damages caused by willful misconduct or gross negligence, or any kind of willfully or negligently caused personal injuries.

Any further reaching statutory limitation of liability shall remain unaffected

 

Section 11

If you are resident in Germany, the following provision applies in place of Section 10:

 

You will be informed of any material amendment made to these terms. Please make sure you review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission).  WE MAY MODIFY THESE TERMS INCLUDING, BY WAY OF EXAMPLE ONLY, DUE TO A CHANGE OF APPLICABLE LAW OR CASE LAW, OR MARKET CONDITIONS OR TO ENSURE BETTER FUNCTIONALITY OF THE SERVICE, PROVIDED THAT THE CHANGES WILL NOT LEAD TO A SIGNIFICANT DISTURBANCE OF THE CONTRACTUAL BALANCE EXISTING AT THE TIME YOU CONCLUDED THE CONTRACT. WE WILL NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE OR VIA E-MAIL (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT). AFTER SUCH NOTICE YOUR LACK OF OBJECTION TO THE NEW TERMS within fourteen (14) days from the DATE OF THE NOTICE CONSTITUTES YOUR AGREEMENT FROM THAT POINT TO THE NEW TERMS FOR YOUR CONTINUING USE OF THE SERVICE, provided that we make you aware of this consequence in the NOTICE. Any new Terms or Additional Terms will be effective upon expiry of the aforementioned objection period, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a court or tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can avoid any new, revised or additional terms by discontinuing use of the Service.

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Rider for Hungary

Section 6

If you are resident in Hungary, the following provision also applies in Section 6:

  1. If you have a complaint, you are entitled to turn to a dispute resolution body or reconciliation committee. The list and contact details of such bodies are available here

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Rider for New Zealand

If you are resident in New Zealand, the following provision also applies in Sections 3C, 11 and 12G:

In the event that we exercise a right to unilaterally modify these Terms, our Privacy Policies or any applicable Additional Terms, or change the availability or functionality of the Service and/or Content, then you may delete your account [and we will provide you with a pro-rata refund of the unused portion of prepaid fees (if any)]. 

Copyright Agent:

If you believe that any User-Generated Content appearing on any Service violates your copyrighted work or that your submitted User-Generated Content has been wrongfully removed from the Service, you may contact SPE as specified below.

Please send your claim to SPE's Designated Copyright Agent as specified below, and include the following information:

  1. your physical or electronic signature of the person authorized to act on behalf of the copyright owner;
  2. identification of the material that has been infringed and the location where the material appears, including the date and time the content was posted, and identification of who posted the content;
  3. a statement that the use of the material is not authorized by the copyright owner, its agent, or at law;
  4. whether any attempt has been made to contact the person who posted the content (and if so, any relevant correspondence); and,
  5. your contact information including your name, address, telephone number and email address.

By submitting an infringement notification, you acknowledge and agree that SPE may forward your notification and any related communications to the person who posted the material identified or to other third parties as necessary to evaluate your claim.

SPE Designated Copyright Agent:

Content Protection Group

10202 West Washington Boulevard

Culver City, California 90232 U.S.A.

 

Phone Number of SPE Designated Copyright Agent:

+1 310-244-3450

 

Fax Number of SPE Designated Copyright Agent:

+1 310-244-1742

 

E-Mail of SPE Designated Copyright Agent:

copyright_agent@spe.sony.com

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//End Terms of Use//