3. User Privileges and Obligations
4. User Content
You may post, display and share “User Content” by using the Service. “User Content” may include your own images, video, audio, music, sound files and other materials, data or text belonging to you or those other parties which you have received a valid right to pursue the actions contemplated in connection with the Services hereunder. As a User, you can post, display and share with third parties, including other Users of the Service, User Content by uploading such User Content to the server which is used for the Service or by providing the Service with the email address of third parties who you wish to share such User Content. You can also add comments to the content and other materials which are uploaded by other Users of the Service. If you have a Membership on the Service, you may create a content sharing space in the Service and invite third parties, including other Users and Non-Registered Users, to such sharing space. You and invited third parties can post, display and share User Content within such sharing space. A User, who has a Membership, who creates a content sharing space may add and delete accessible Users (and Non-Registered Users) to such sharing space at any time subject to these Terms. Users who have a Membership may delete the User Content within the sharing space, including, without limitation, all access by the third parties invited to view and/or participate in the sharing space. Non-Registered Users may post, display and share User Content in the sharing space of a User (if invited by the User to join the sharing space) and when Non-Registered Users post User Content to a User’s sharing space it means that the Non-Registered User is allowing other Users to access and view the User Content and associate it with the Non-Registered User to the extent that the Non-Registered User is identified in the User Content. Users and Non-Registered Users may delete User Content that s/he posts in a User’s sharing space. You agree not to post, send, transmit, upload, display, publish or share through any part of the Service any User Content that: Interfere with anyone else’s use of the Service; Is abusive, illegal, indecent, obscene, offensive, or threatening in any way; Uses materials of others that are protected by copyright, trademark or trade secrets, patent or other intellectual property law without the express permission of the author or owner; Contains false or misleading statement of facts or description of the origin of the material or communications; Violates anyone’s copyrights, moral rights, author’s rights, trade secrets, trademark, patent or other intellectual property or other rights; Interferes with the privacy rights of any person, or impersonates any person; Contains a virus, may corrupt files or other content, or may otherwise compromise or harm the Service or any third party; Constitutes a criminal offense, gives rise to civil liability, or violates any applicable laws or regulations, or encourages anyone to break the law; or advocates illegal activity; or Contains links to any User Content that does any of the above.
5. Non-Registered User
If you are a User who does not have a Membership (“Non-Registered User”), only limited features of the Service will be available to you. You hereby acknowledge and agree that (a) the access to the Service of Non-Registered Users may be limited to a specific period and conditions, (b) Non-Registered Users may not post, display, share, view, copy, download, delete or otherwise use or access any functionalities of the Service after the expiration of the access period unless otherwise expressly permitted by Sony, and (c) the User Content you post to the Service will remain in the Service and available to other Users unless you, as a Non-Registered User, delete the User Content that you posted in the Service via a User’s sharing space or otherwise.
6. Pricing and Storage Policy
Basic Membership is free. Sony may, at its discretion and without prior notice, elect to modify, delete, reduce, augment or discontinue the Service or any product, service, feature or functionality of the Service. Sony shall not be liable to you or any third party for any such change. The Service is not designed as or intended to be used as a back-up, disaster recovery or emergency data storage facility. You are responsible for creating and maintaining copies of your User Content as back-ups prior to posting or uploading any User Content, or other content or materials to or through the Service. Online storage of User Content is free and limited to the amount designated by the Service. The availability and amount of online storage may be changed by Sony from time to time without prior notice.
7. License Grant and Intellectual Property Rights
In consideration of your use of the Service, and the potential benefits related thereto, you grant Sony, its parents, subsidiaries, affiliates, successors, licensees and assigns, a non-exclusive, worldwide, perpetual, sublicensable, royalty-free license to use, host, store, modify, reproduce, distribute, create derivative works, publish, publicly perform and publicly display your User Content with respect to the Service. With respect to the User Content that you designate for sharing with third parties using the Service and/or otherwise make available for inclusion on publicly accessible areas of the Service, you grant Sony its parents, subsidiaries, affiliates, successors, licensees and assigns, a non-exclusive, worldwide, perpetual, sublicensable, royalty-free license to use, host, store, modify, reproduce, distribute, create derivative works, publish, publicly perform and publicly display User Content including, without limitation, (a) the right to access and view such designated portions of your User Content; and (b) the right to access, display, reproduce, modify and transmit any portions of your User Content, and to create, reproduce, display and distribute selected images, frames, thumbnails or stills from such User Content . You agree that Sony may use the User Content at any time for any purpose. You acknowledge and agree that certain technical processing or reformatting of your User Content may be required to (a) perform indexing functions; (b) conform to connecting network technical requirements; or (c) conform to the limitations of the Service or other similar requirements. As between Sony and you, you will own your User Content, and Sony owns all right, title and interest (including all intellectual property rights) in and to the Service, including without limitation the technology, information, documents, files, websites or other products and services developed in connection or associated with the Service. You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Service.
8. Responsibility for User Content
9. Illegal Activities
It is Sony’s policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations. Sony may take any action it feels, in its sole discretion, are necessary or desirable in order to cooperate with the authorities.
10. Warranty, Disclaimer of Warranty
11. Disclaimer of Damages; Limitation of Liability
EVEN IF SONY OR ANY OF ITS AUTHORIZED REPRESENTATIVES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES, TO THE EXTENT PERMITTED BY LAW, (INCLUDING, WITHOUT LIMITATION, THEIR NEGLIGENCE) SHALL SONY, ITS AUTHORIZED REPRESENTATIVES OR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES, OR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY CLAIM, LOSS AND/OR CAUSE(S) OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, RELATED TO: The quality, reliability, accuracy or completeness of the Service; Any modification, alteration, publication, display, failure to store, failure to index, loss, deletion, loss of access or damage of or to your User Content, computer equipment, software, data or any text, image, video, music, sound or audio file or other materials that results from your use of the Service; Any harm, errors, omissions, costs, losses or damages arising from the use of or inability to use (whether because of interruption, suspension, termination or otherwise) of the Service, User Content or any content, products, services or information provided in connection with the Service; Any failures, delays, misdeliveries or interruptions in the Service or any content, products, services or information provided in connection with the Service; Any harm resulting from downloading or accessing any User Content or any other content, products, services or information provided in connection with the Service; Any unauthorized access to or alteration of User Content or any breach of security related to any server used by the Service; or The cost of procurement of any substitute goods or services. Some Users may have additional rights. TO THE EXTENT PERMITTED BY LAW, IF, DESPITE THE ABOVE LIMITATIONS, SONY, ITS AUTHORIZED REPRESENTATIVES AND/OR SUPPLIERS LIMIT TOTAL LIABILITY FOR ANY CLAIM WHATSOEVER UNDER THESE TERMS, INCLUDING ANY IMPLIED WARRANTY CLAIMS, TO NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) IN AGGREGATE.
13. Communications from the Service
Sony reserves the right to send email or other forms of communication to you regarding the Service and/or Sony.
14. Links to Non-Sony Sites
Sony may have websites linked to or from the Services, including advertisements and promotions of third parties and its affiliated entities. These websites of third parties and affiliated entities linked to or from the Service (“Linked Sites”) are independently owned and maintained by such third parties and affiliated entities, and are not under the control and/or supervision of Sony. Use of a Linked Site shall be subject to the terms and conditions stipulated by the operator of each Linked Site. Sony is not responsible for any loss or damage, however caused, in connection with the use of any Linked Site and your access to any of the Linked Sites shall be at your own risk. Nothing contained in the Service shall be interpreted as a recommendation and/or endorsement by Sony of the contents of the Linked Sites and any products and/or services appeared on and/or provided through such Linked Sites. Nothing contained herein shall be deemed to constitute a partnership, recommendation or endorsement between the operators of the Linked Sites and Sony.
15. Copyrighted Material
Sony respects the intellectual property of others, and requires that its Users do the same. You may not place any material protected by copyright anywhere through the Service without the express written permission of the author or owner of the copyright in such material. Sony will promptly take down or block access to infringing or allegedly infringing material on its servers if Sony becomes aware that such material infringes the copyright rights of a third party, whether Sony identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a User of the Service or a third party. Sony will contact the User responsible for the User Content and alert him or her of the allegations of infringement and of Sony’s takedown or blocking of the allegedly infringing material. If the User believes that the removal or blocking of his or her material was the result of a mistake or a misidentification, the User shall provide Sony a counter-notification establishing the User’s rights to display the material in question, as well as any other information Sony may request. Upon receipt, Sony will forward the counter-notification to the party that claims to be the copyright owner. If that party does not file suit to enjoin the alleged infringement, or otherwise satisfy Sony that the counter-notification is insufficient, in Sony’s discretion, Sony may re-post or unblock the material within 14 days (or a reasonable time) after receiving the counter-notification. If the User does not respond to Sony’s takedown notification, Sony will takedown or block the User Content. If you believe that your work has been copied in a way that constitutes copyright infringement and appears through the Service, please provide Sony’s copyright agent, designated below, with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located; Your address, telephone number and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. Sony PlayMemories Online c/o Sony Electronics Inc. Personal Information Management Office 1 Sony Drive MD 1E4 Park Ridge, New Jersey 07656 By this notice, Sony seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 USC Section 512c or elsewhere in the law of the United States or any state or territory within the United States.
You are responsible for your use of the Service, including your User Content, thus, you agree to indemnify, defend and hold Sony, its parents, subsidiaries, affiliates, successors, licensors, authorized representatives, suppliers and their officers, directors and employees and Users (“Indemnified Parties”), harmless from and against any and all liability or cost (including reasonable attorneys’ or experts’ fees) incurred by Indemnified Parties in connection with claim arising from: Your use of the Service; Your violation of these Terms; Your violation of a third party’s privacy rights; Your violation or infringement of a third party’s copyright, trademark, trade secret, patent or other intellectual property right; and/or Any libelous or unlawful material contained within your User Content or that you otherwise post and/or upload to the Service. You will cooperate as fully as reasonably required in Sony’s defense of any claim. Sony reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Sony.
17. Force Majeure
Sony is not liable for any delay or failure in performance resulting, directly or indirectly from causes beyond its reasonable control, including, without limitation, failure or interruption of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, or non-performance of third parties.
18. Termination of Service
19. Governing Law; Waiver of Jury Trial
Last Updated: 27/8/2015