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使用条款

生效日期:27 July, 2022

介绍

这些使用条款(以下简称这些“条款”)适用于涉及这些条款 Sony Pictures Entertainment(Sony Corporation 的一个部门)网站、在线服务、软件或应用程序(以下简称“服务”)。在这些条款中,我们使用“SPE”、“我们”或“我们的”来指代 Sony Pictures Entertainment实体。SPE 实体与 Sony Pictures Entertainment Inc. 一起负责一项特定的服务(统称为数据控制者),可以通过单击这里找到这项服务。索尼影视娱乐公司的公司办公室位于 10202 West Washington Boulevard, Culver City, California 90232 USA。通过接受这些条款或以任何方式(如适用)访问或以其他方式使用适用的服务,您同意接受这些条款和任何适用的附加条款(定义如下)并受其约束,并确认您已阅读并理解它们。您还承认、同意并接受我们的隐私和存储信息政策中所述的我们的数据惯例以及发布在服务适用部分的任何其他条款 。

 

当我们在这些条款中提及“”或“您的”时,我们的意思是:

  • 如果您是消费者,个人使用服务的目的完全或主要不属于他们的贸易、商务、工艺或专业; 和
  • 如果您不是消费者: (a) 您有权约束的商务;或者 (b) 个人将服务用于不完全或不主要超出其贸易、商务、工艺或专业(在每种情况下为“商务”)的目的。

这些条款影响您的合法权利、责任和义务,并约束您对服务的使用。 其中包括各种限制和排除,以及一项管辖争议解决地点的管辖权条款。 如果您不希望受这些条款和任何附加条款的约束,请不要使用“服务”并卸载任何“服务”下载和应用程序。

附加条款

在某些情况下,“服务”上发布的附加或不同条款适用于您对“服务”某些部分的使用(单独和统称为“附加条款”)。如果这些条款与任何附加条款之间存在冲突,则以这些条款为准,除非附加条款另有明确的规定。

这些条款和附加条款的更新

我们可以通过在“服务”上发布新的或更改的条款来更改这些条款和附加条款,我们在这里有更全面的解释。 您在任何此类更改后继续使用服务即表示您接受修订后的条款和适用的附加条款。 您不得更改这些条款。

所有权以及您使用服务和内容的权利。

  1. 所有权. 服务及其所有内容(以下简称“内容”),包括“服务”和“内容”中的所有版权、专利、商标、服务标记、商号和所有其他知识产权(以下简称“知识产权”),均由SPE、我们的索尼集团公司和附属公司、我们的许可方和某些其他第三方所有或控制。通过“服务”提供的内容和知识产权的所有权利、所有权和利益是SPE、我们的索尼集团公司和附属公司、我们的许可方或某些其他第三方的财产,并受到所有适用的版权、商标、专利和/或其他知识产权和不正当竞争权利和法律,包括您的居住国的法律或国际法的最全面的保护。SPE拥有服务内容的选择、编译、组装、安排和增强的版权。
  2. 您使用“服务”和“内容”的权利
    1. 您使用服务和内容的权利取决于您严格遵守这些条款和附加条款。在适用法律允许的最大范围内,我们保留在任何违反这些条款或任何附加条款的情况下终止您有权访问和使用服务和内容的的权利。通过访问或使用服务,您声明并保证您的访问或使用符合您所在司法管辖区的适用法律。在适用法律允许的最大范围内,这些权利是非排他性的、有限的,并且我们可以随时自行决定撤销,恕不另行通知或承担责任。由于您访问和使用服务和内容的权利是您个人的,因此您不得赋予他人或转让您的权利;任何这样做的尝试都是无效的。您的使用仅限于个人、非商业、合法的目的(以下统称为“SPE 许可元素”):
      1. 在电脑、移动设备或其他可启用互联网或允许的设备(以下简称“设备”)上显示、查看、使用和播放内容和/或打印一份向您展示的内容(不包括原始形式或其他形式的源代码和目标代码) ;
      2. 使用服务上提供的任何小部件和/或其他数码线上播放互联网视频播放器(如果有)线上播放任何适用的内容(以下将任何此类小部件或其他数码播放互联网视频播放器简称为“服务小部件”);
      3. 剪切和粘贴通过服务明确提供给您的某些代码(无论该功能是否被指定为“共享”功能),以便嵌入、重新发布、维护和/或显示特定内容,这类代码与您自己的个人的、定制的社交网络、网页、博客或微博(以下统称为您的“个人社交媒体”,其定义明确排除任何商务媒体或商务用途)相关,并且/或,如果服务提供“小部件抓取和嵌入”功能,旨“抓取”服务小部件并在您的个人社交媒体上嵌入、重新发布、维护和/或显示这类服务小部件;
      4. 剪切和粘贴通过服务明确提供给您的某些代码,和/或如果服务提供“小部件抓取和嵌入”功能,旨 “抓取” 服务小部件,在适用的情况下转发这类代码和/或服务小部件给您的朋友,以便他们可以查看其中包含的服务和内容,和/或如果他们愿意,他们自己可以将转发的一代码或服务小部件嵌入到他们自己的个人的社交媒体上或重新转发给他们自己的朋友;
      5. 如果服务包含“发送给朋友”或类似工具,允许您启动该功能并向您的一位朋友发送包含“内容”的电子邮件通信,并且该工具是可操作的,请使用该工具请求“服务”的服务器代表您将您的信息传达给您的朋友;
      6. 如果“服务”在内容(包括但不限于图像、图标、壁纸、音乐曲目、视频、预告片、RSS 提要)旁边包含一个“下载”链接,您仅能将一份此类内容下载到单个设备;
      7. 仅以机器可执行目标代码形式下载、安装和使用我们在您的设备上或通过“服务”提供的任何一个软件,包括应用程序(以下简称“软件”),并为了备份的目的再额外制作一份;但是,前提是您理解并同意: (i) 通过允许您下载软件,SPE 不将软件的所有权转让给您(即您拥有记录软件的介质,但软件的所有人(可能是 SPE 和/或其第三方软件许可方)将保留对这类软件的完整所有权); (ii) 未经 SPE 事先的书面同意,您不得复制、修改、改编、翻译成任何语言、分发或创建基于软件的衍生作品; (iii) 您不得将本软件转让、出租、出租或出借给任何个人或实体,并且您对本软件进行再许可、转让或指派的任何尝试均无效; (iv) 您不得以任何方式反编译、反汇编、逆向工程或试图重构、识别或发现本软件的任何源代码、基础思想、基础用户界面技术或算法,除非适用法律禁止上述限制;
      8. 如果您可以使用,请在 “服务” 上获取一个注册的个人帐户(和/或相关用户名和密码)并作为基于“服务”的聊天室、留言板、社交媒体网络、线上多人游戏的一部分和/或“服务”提供的其他游戏或类似服务与其他“服务”用户互动;
      9. 从某一网站或其他线上服务链接到“服务”,只要:(a) 这些链接仅包含文本,不使用任何知识产权,(b) 您网站上的这些链接和内容不暗示与 SPE(或我们的索尼集团公司和附属公司有任何关联或导致任何其他混淆,并且 (c) 您网站上的这些链接和内容不以虚假、误导、贬损或其他冒犯方式描绘SPE或我们的索尼集团公司和附属公司或我们各自的任何产品或提供的服务,并且不包含非法、冒犯、淫秽、淫荡、淫荡、肮脏、暴力、威胁、骚扰或辱骂的内容,或违反任何第三方或以其他方式反对 SPE。 SPE 保留自行决定以任何理由暂停或禁止链接到“服务” 的权利,恕不另行通知或对您或任何第三方承担任何责任; 并且
      10. 使用 SPE 在“服务”上或通过“服务”明确提供供用户使用的任何其他功能,但须遵守这些“条款”(包括但不限于创建和/或使用用户生成内容的功能(定义见下文))和任何适用的“附加条款”。
  3. 他人的权利 在使用“服务”时,您必须尊重他人和 SPE 以及我们的索尼集团公司和附属公司的知识产权和权利。您未经授权使用内容 可能会侵犯他人的权利和适用法律,并可能导致您承担民事和刑事责任。如果您相信您的工作受到“服务”的侵犯,请参阅下文第 5 条
  4. 保留所有未授予的“内容”和“服务”的权利 这些条款和任何适用的附加条款仅包括仅限于使用和访问“服务”和“内容”的有限的权利授予。SPE及其许可方和其他第三方保留未明确授予您的所有权利。禁止出于任何目的未经授权使用任何“内容”或“服务”。

您提交的内容

  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.

使用“服务”和“内容”的限制

  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.  

创建一个账户

  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. Registered accounts may only be setup by an individual that is at least the age of majority in your country of residence, but no less than 18 years old.  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.

指控侵犯版权的程序

  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.

通知、问题和顾客服务

  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.

第三方服务;广告;与第三方打交道

  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.  

    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.

我们责任的限制

  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.
    1. If you are a Consumer:
      1. nothing in these Terms affects your statutory or other applicable legal or contractual 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
      2. 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.
    2. 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.
  3. 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 and whether foreseeable or not), 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, to the maximum extent permitted by law, shall be limited to the cost of supplying the Services again or payment of the reasonable cost of having the Services supplied again, but in no case in excess of USD$100  One Hundred U.S. Dollars ($100)  or the equivalent in any other currency.
  4. 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, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, 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.
  5. EXCEPT AS SPECIFICALLY STATED ON or within the services, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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.

使用法律和管辖权

THESE TERMS ARE GOVERNED BY THE LAWS OF CALIFORNIA EXCEPT AS PROHIBITED BY LOCAL LAW. 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 will be governed by California laws except as prohibited by the applicable laws, and you consent to personal jurisdiction and waive any objection as to inconvenient forum. of your country of residence and pursuant to Section 10 below.  The parties agree to abide by the applicable 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.

争议和争议解决

  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, except where prohibited by applicable laws of your jurisdiction of residency, then such arbitration will occur in your country of residency.  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.  To the extent this Section 10 (A) is found to be void or otherwise unenforceable, any claim must be heard and determined through an appropriate court proceeding without regard to any choice of law or conflict of laws principles, subject to Section 9, and not in arbitration.
  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. 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, or similar applicable laws in your country of residence, 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 9, and not in arbitration.
  4. 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.

条款更新

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.

一般性规定

  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. 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.  
  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 have agreed to participate in online dispute resolution

//End Terms of Use//

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